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2021-01-26 Regular
City Council Regular Meeting City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Tuesday, January 26, 2021 at 6:00 PM Minutes VIRTUAL MEETING INSTRUCTIONS Limited seating is available at City Hall. Consider joining the meeting virtually: https://us02web.zoom.us/j/85326272954 Or join by phone: 1-669-900-6833 Webinar ID: 853 2627 2954 ROLL CALL ATTENDANCE PRESENT Councilwoman Liz Strader Councilman Joe Borton Councilman Brad Hoaglun Councilman Treg Bernt Councilwoman Jessica Perreault Councilman Luke Cavener Mayor Robert E. Simison PLEDGE OF ALLEGIANCE COMMUNITY INVOCATION ADOPTION OF AGENDA Adopted PUBLIC FORUM – Future Meeting Topics The public are invited to sign up in advance of the meeting at www.meridiancity.org/forum to address elected officials regarding topics of general interest or concern of public matters. Comments specific to active land use/development applications are not permitted during this time. By law, no decisions can be made on topics presented at Public Forum. However, City Council may request the topic be added to a future meeting agenda for further discussion or action. The Mayor may also direct staff to provide followup assistance regarding the matter. DEPARTMENT / COMMISSION REPORTS \[Action Item\] 1. Resolution No. 21-2253: A Resolution of the Mayor and the City Council of the City of Meridian Appointing Zachary Shoemaker to Seat 3 of the Meridian Transportation Commission; and Providing an Effective Date Approved Motion to approve made by Councilman Cavener, Seconded by Councilman Bernt. Voting Yea: Councilwoman Strader, Councilman Borton, Councilman Hoaglun, Councilman Bernt, Councilwoman Perreault, Councilman Cavener 2. Resolution No. 21-2254: A Resolution of the Mayor and the City Council of the City of Meridian Reappointing Steven Yearsley to Seat 4 of the Meridian Planning And Zoning Commission through April 30, 2021 and Appointing Nathan Wheeler to Seat 4 of the Meridian Planning and Zoning Commission with an Effective Date of May 1, 2021 and Appointing Maria Lorcher to Seat 2 of the Meridian Planning and Zoning Commission; and Providing an Effective Date Approved Motion to approve made by Councilman Cavener, Seconded by Councilman Bernt. Voting Yea: Councilwoman Strader, Councilman Borton, Councilman Hoaglun, Councilman Bernt, Councilwoman Perreault, Councilman Cavener ACTION ITEMS Public Hearing process: Land use development applications begin with presentation of the project and analysis of the application by Planning Staff. The applicant is then allowed up to 15 minutes to present their project. Members of the public are then allowed up to 3 minutes each to address City Council regarding the application. Citizens acting as a representative of a Homeowner’s Association may be allowed up to 10 minutes to speak on behalf of represented homeowners who have consented to yielding their time. After all public testimony, the applicant is allowed up to 10 minutes to respond to questions and comments. City Council members may ask questions throughout the public hearing process. The public hearing is then closed, and no further public comment is heard. City Council may move to continue the application to a future meeting or approve or deny the application. The Mayor is not a member of the City Council and pursuant to Idaho Code does not vote on public hearing items unless to break a tie vote. 3. Appointment and Swearing In of Tracy Basterrechea as Chief of the Meridian Police Department Approved Motion to approve appointment made by Councilman Cavener, Seconded by Councilman Bernt. Voting Yea: Councilwoman Strader, Councilman Borton, Councilman Hoaglun, Councilwoman Perreault 4. Public Hearing Continued from December 15, 2020 for Spurwing Sewer Easement Annexation (H-2020-0087) by Shari Stiles, Engineering Solutions, LLP, Generally Located North of W. Chinden Blvd./Sh 20-26, Northeast of N. Ten Mile Rd. Approved A. Request: Annexation of 0.60 of an acre of land with an R-4 zoning district. Motion to approve made by Councilman Hoaglun, Seconded by Councilman Cavener. Voting Yea: Councilwoman Strader, Councilman Borton, Councilman Hoaglun, Councilman Bernt, Councilwoman Perreault, Councilman Cavener ORDINANCES \[Action Item\] 5. Ordinance No. 21-1913: An Ordinance (H-2020-0092 Goddard Creek Community) for Rezone of a Parcel of Land being Lot 2, Block 1 of Goddard Creek Subdivision as Filed in Book 114 of Plats at Pages 17060 through 17062 and a Portion of the SE ¼ of the SW ¼ of Section 26, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho; Establishing and Determining the Land Use Zoning Classification of 5.03 Acres of Land from R-4 (Medium Low Residential) Zoning District to R-15 (Medium High Residential) 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 Approved Motion to approve made by Councilwoman Perreault, Seconded by Councilman Cavener. Voting Yea: Councilwoman Strader, Councilman Borton, Councilman Hoaglun, Councilman Bernt, Councilwoman Perreault, Councilman Cavener 6. Ordinance No. 21-1914: An Ordinance (H-2020-0097 – 2810 E. Franklin) for Annexation of a Parcel of Land Situated in a Portion of the Southeast ¼ of Section 8, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, as Described in Attachment “A” and Annexing Certain Lands and Territory, Situated in Ada County, Idaho, and Adjacent and Contiguous to the Corporate Limits of the City of Meridian as Requested by the City of Meridian; Establishing and Determining the Land Use Zoning Classification of 1.006 acres of Land from RUT to C-G (General Retail and Service Commercial) 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 Approved Motion to approve made by Councilwoman Perreault, Seconded by Councilman Cavener. Voting Yea: Councilwoman Strader, Councilman Borton, Councilman Hoaglun, Councilman Bernt, Councilwoman Perreault, Councilman Cavener FUTURE MEETING TOPICS EXECUTIVE SESSION Vacated 7. Per Idaho Code 74-206A(1)(a) To deliberate on a labor contract offer or to formulate a counteroffer. ADJOURNMENT 8:41 pm Item#2. Meridian City Council January 26, 2021. A Meeting of the Meridian City Council was called to order at 6:00 p.m., Tuesday, January 26, 2021, by Mayor Robert Simison. Members Present: Robert Simison, Joe Borton, Luke Cavener, Treg Bernt, Jessica Perreault, Brad Hoaglun and Liz Strader. Also present: Chris Johnson, Bill Nary, Sonya Allen, Clint Dolsby, Jamie Leslie, Joe Bongiorno and Dean Willis. ROLL-CALL ATTENDANCE Liz Strader _X_ Joe Borton _X_ Brad Hoaglun _X_Treg Bernt X Jessica Perreault _X Luke Cavener _X_ Mayor Robert E. Simison Simison: Council, I will call this meeting to order. For the record it is January 26, 2021, at 6:00 p.m. We will begin tonight's regular City Council meeting with roll call attendance. PLEDGE OF ALLEGIANCE Simison: Next item is the Pledge of Allegiance. If you would all, please, rise and join us in the Pledge. (Pledge of Allegiance recited.) COMMUNITY INVOCATION Simison: Our next item on the agenda is the community invocation, which will be delivered by Michael Pearson of the Seventh-Day Adventist Church. Pastor Pearson, you are recognized. Thank you for being here and for those in the audience if you would join us in this or take this as a moment of silence or reflection. Pastor Pearson, when you are ready. Bernt: Mr. Mayor? Simison: Yes. Bernt: I don't think he can hear us. Johnson: Pastor Pearson, are you able to hear us? Simison: Pastor Pearson, if you can hear us -- we can hear you it sounds like. I guess we will just have to forego the invocation this evening. Page 21 Meridian City Council Item#2. January 26,2020 Paget-- ADOPTION OF AGENDA Simison: All right. Next item was the adoption of the agenda. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I move that we adopt the agenda as published. Cavener: Second, Mr. Mayor. Simison: I have a motion and a second to adopt the agenda as published. Is there any discussion on the motion? If not, all in favor signify by saying aye. Opposed nay. The ayes have it and the agenda is adopted. MOTION CARRIED: ALLAYES. PUBLIC FORUM — Future Meeting Topics Simison: Nobody signed up under public forum this evening. DEPARTMENT / COMMISSION REPORTS [Action Item] 1. Resolution No. 21-2253: A Resolution of the Mayor and the City Council of the City of Meridian Appointing Zachary Shoemaker to Seat 3 of the Meridian Transportation Commission; and Providing an Effective Date Simison: So, the next item is Department/Commission Reports. First item is Resolution No. 21-2253 appointing -- resolution to appoint Zachary Shoemaker to the Meridian Transportation Commission. Council, if I could just take a few minutes and talk -- I sat down like we normally do with the chair of the Commission. We had a new chair of the Transportation Commission now. It's been David Ballard for many years, but we have a new transportation chair and we sat down with the applicants and interviewed folks and it was a tough decision, like it always is. We have got a lot of qualified people who are very interested in transportation as, you know, one of the main things people are concerned about in Meridian. But when we looked at the current makeup of the commission, that often can be as much a deciding factor because the Transportation Commission has more criteria than our other commissions in trying to keep it balanced from a resident perspective, a business perspective and a geographic perspective and while all the applicants were outstanding, Zachary Shoemaker rose to the top and his appointment also helps meet those balance needs as he works for a business located here in Meridian, lives in Meridian, so he fits a couple of different boxes from that standpoint. He is very community focused. Lives up in the northern part of our community, which is where we want to keep some of the representation up there and so Page 22 Meridian City Council Item#2. January 26,2020 Page 3-— I would propose that we appoint him to the Transportation Commission. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: One, thanks. I really appreciate that you are putting these applications as part of the agenda topic, allows for Council, as well as the public to kind of review this a little bit more before we come. You always bring forth strong recommendations. Appreciate you involving the commission chair in this process. I don't have any questions. I'm happy to make a motion unless anyone has anything they would like to say. So, Mr. Mayor, move we approve Resolution No. 21-2253, appointing Zachary Shoemaker to the Meridian Transportation Commission. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I second that motion. Simison: I have a motion and a second. Is there any discussion? Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I know Zack Shoemaker. He is a -- he is a dear friend of mine and highly qualified for this role. He has a lot of experience in public policy. He has a graduate degree at Boise State and is prime for this -- for this -- for this role. Very excited to cast my vote in favor for him and wish him the best of luck. Simison: Thank you, Councilman Bernt. If not, all those in favor signify by saying aye. Opposed nay. The ayes have it. MOTION CARRIED: ALLAYES. Simison: Congratulations, Zack, and I know Zack is on the call with us today. Zach, if you have any comments we would love for you to take a second and address a nice large audience. Shoemaker: Yeah. Can you hear me? Simison: Yes, we can. Shoemaker: Yeah. Thanks -- thanks, Mayor and Councilman Bernt for the nice words. I look forward for the opportunity to help out the City of Meridian continue to grow and look Page 23 Meridian City Council Item#2. January 26,2020 Page,-- forward to it -- yeah, with offering any insight and information I can help create and get good policy and good transportation decisions for the city. So, thank you for this opportunity. Look forward to it. 2. Resolution No. 21-2254: A Resolution of the Mayor and the City Council of the City of Meridian Reappointing Steven Yearsley to Seat 4 of the Meridian Planning And Zoning Commission through April 30, 2021 and Appointing Nathan Wheeler to Seat 4 of the Meridian Planning and Zoning Commission with an Effective Date of May 1, 2021 and Appointing Maria Lorcher to Seat 2 of the Meridian Planning and Zoning Commission; and Providing an Effective Date Simison: Thank you, Zack. Welcome aboard. Council, next item on the agenda is Resolution No. 21-2254, which is reappointing Steven Yearsley to Seat 4 of the Meridian Planning and Zoning Commission through April 30th and appointing Nathan Wheeler to Seat 4 of the Meridian Planning and Zoning Commission with effective date of May 1st and appointing Maria Lorcher to Seat 2 of the Meridian Planning and Zoning Commission. Again, had an opportunity to sit down and interview great candidates for Planning and Zoning. You know, this has been -- this is one of those issues when you are a growing community -- community that you got to really take the time and find the people that are going to meet the -- meet the needs and have that feeling of what the community has experienced and -- and bring stuff to the table. With this -- with the resignation of some very qualified people, you know, start with Ryan Fitzgerald who opted not to seek -- to be reappointed and Steven Yearsley, who has been filling in, but has kind of said he wanted to do in a limited capacity, so it was really trying to replace two people in a very -- with very high -- two very high quality Planning and Zoning Commissioners with others. But I think we found a good balance in this. So, Ryan and Steven both came -- one came from the southeast and one is in the northwest, so our two highly growing areas. We want to try to maintain that as much as we could to keep that balance and it actually worked out perfectly, because Nathan Wheeler, who is working to be a chaplain right now, so he's -- he's not in the area for the first next couple months or-- and would only be able to maybe attend, but, you know, the Army has their own standards about when you are allowed to talk and do things and go to bed. So, he -- Steven agreed to stick -- stay on for a couple more months. That will give Nathan an opportunity to get back to the area, you know, and it really comes down to, you know, people's hearts for the community from that standpoint. So, we all know Steve. I'm not going to spend time really -- I just want to say thank you to Steven, quite frankly, for continuing to serve and be there when we need to. But Nathan has a background in land development. He's familiar with all aspects, you know, from real estate to the back end on the construction side. You know, really from a standpoint, though, of helping cost out projects. He lives in southeast Meridian. He is familiar with the area. He has really lived in that part of our community most of his life, whether it's Boise, Ada county, Meridian, kind of in that south -- southeast, southwest parts of the area and he --we really talked about what's --what's important to him in terms of good quality standards, good development. Talked about some of the things that he liked in our community and also give examples of some of the developments that we wasn't as excited about, so got a good flavor for that and why and, you know, he's -- he's Page 24 Meridian City Council Item#2. January 26,2020 Page 5 of— a champion of responsible growth and being mindful of the inputs and how that has impact. So, he's -- he's the one that -- moving forward to replace Steven Yearsley. Second up is Maria Lorcher. She comes from a long -- longtime Meridian resident and I think there is a real value towards having people with the real historical perspective of our community, about where it's been and where it's going and still want to be part of that from that standpoint. Been here since 1995 as a business owner. Currently owns property built in a subdivision and agricultural land in this area, property that will be impacted by the Highway 16 extension and, you know, really tries to balance the growing needs of the community, along with, really, the historic aspects that we all love. She talks about her love for downtown. Talked about the love for historic places and how do you incorporate that into a community that continues to evolve over time. But I think she will bring a great balance and perspective to it. She's shown that she is not afraid to get in the trenches and she's served on a -- a school district boundary committee, you know, from that standpoint. So, it's with great enthusiasm that I bring her forward as well for your consideration and with that I'm happy to answer any questions about these applicants. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: I just want to say thank you to our applicants. I started off in the Planning and Zoning Commission. It's very dear to my heart and I -- I appreciate the desire to volunteer, first of all, but also to volunteer specifically for this and to use all the talents and skills that -- that have been acquired over years and years of service to our community in different capacities. I did carefully read through the applications. I was very curious about all of our new commissioners. The question I have for you, though, is just -- one of my -- the things that -- the thing that kind of surprised me was it seems like Mr. Shoemaker, who we just talked about, has -- has more of that new construction, maybe some planning experience and had applied for the Transportation Commission and yet Ms. -- Mrs. Lorcher seems to have that transportation experience and apply for the Planning and Zoning Commission. So, just wanted to hear a little bit more about that and I trust -- I trust the -- you, Mr. Mayor and -- and everyone who is involved in that interviewing process, but I just -- I was just curious about that. Thought you might share for us. Simison: Sure. From a -- from a -- from an overall perspective -- and, you know, Mr. Shoemaker did express at one point time a potential maybe in the future interested in Planning and Zoning. He is involved in the development community. I think we always have to take a quick hard look at that as part of it and, yes, while Maria does have a -- her business is in the transportation world, that's really not -- I won't say that's not where her heart is, but in her service I think she's really -- it's a bigger viewpoint about a longtime Meridian resident who wants to be involved and connected to the changes in growth and being part of that and figuring out how she can help us move forward while maintaining our small town historical roots where appropriate. Any further questions? If not, do I have a motion? Page 25 Meridian City Council Item#2. January 26,2020 Page 6 of— Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: A comment and, then, I will be happy to make a motion. Just, again, appreciate these nominations and I think you touched on something that I think is important for us on Council and important for consideration for future appointees. We focus so much on the value of people coming in that can understand the process, but I really applaud that you have went out and found some candidates that have some historical knowledge about our community. I think that's as important, if not more important, especially on our Planning and Zoning Commission. So, again, great appointees, a great slate, I'm really excited for our Planning and Zoning Commission who has been doing really really great work for a long time. Mr. Mayor, with that I move we approve resolution number 21-2254 reappointing Steve Yearsley, Nathan Wheeler -- appointing Nathan Wheeler and appointing Maria Lorcher to the Meridian Planning and Zoning Commission. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I second that motion. Simison: I have a motion and a second. Is there any discussion on the motion? If not, all in favor signify by saying aye. Noes? The ayes have it and the resolution is agreed to. MOTION CARRIED: ALL AYES. Simison: And I believe we have two of the three with us at this point in time. Is that correct, Mr. Clerk? Johnson: Mr. Mayor, believe we just have Maria. Simison: Okay. All right. Maria, if you would like to unmute yourself and make any comments we would love to hear from you. Lorcher: City Council and Mayor, thank you for the opportunity to be part of the Planning and Zoning Commission. I am excited to work with all of you and the future of Meridian. ACTION ITEMS 3. Appointment and Swearing In of Tracy Basterrechea as Chief of the Meridian Police Department Simison: All right. Thank you, Maria. Appreciate it very much. Okay. With that, Council, we will move on to our Action Items this evening. Yeah. That's -- that's a -- that's your guys's call on that one. It is on the agenda, so -- so, Council, the next item on the agenda Page 26 Meridian City Council Item#2. January 26,2020 Page 7-— is appointment and swearing in of Tracy Basterrechea. This is chief of Meridian Police Department. So, first, I got to -- I guess I got to make my case for this from that standpoint. Bernt: Mr. Mayor, I don't think you -- it shouldn't take you too long to make the case. Simison: Okay. Well, I -- I appreciate that very much then. I will say a few things and -- and just from a practical standpoint I'm supposed to read his bio. You know, I'm going to skip the bio from -- from the practical perspective. It's been put in the news releases and whatnot. But I just want to, you know, say thank you to Tracy for agreeing to step in and take this role. I saw Chief Lavey here tonight and, you know, to make that transition to help prepare someone who can step up and have the support of the department, of the law enforcement community, the regular community and, then, be willing to step into that role it means a lot to the community and so I have appreciated the last month that we have spent, you know, on the phone, e-mails, exchanged documents, getting to know each other. You give me a book that I will read. I promise you I will read that book. For those that don't know me that's a big concession on my part in life to take that effort, but what you really have brought through these conversations and -- is talking about your vision moving forward and we know that with you that starts with the dignity and respect and we are really focused on that in terms of what that means to our community, you know, when the officers are out doing their work, what they can expect and that goes a long ways in saying this is the right way that we want to continue, because how we treat others, as you mentioned, is how they are going to treat our officers and that's -- that's a huge element to look at. You are forward thinking on the service and delivery. I know that you and former Chief Lavey really worked on what that -- what the future of the department was going to look like, because we know we are in that time of transition, both from a -- how service should be delivered, what service should be delivered and what our future of our department will look like as we are aging through our department and we will have change in people and leadership over that time and, you know, obviously, your connection to the community, the dynamics. You are connected, you have those relationships and you are going to continue on to be a great ambassador. So, with that, Council, would love to have any action on this confirmation or comments or questions. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I will make a comment, just that Tracy impressed me from when I first sat down with him before he was in the running to become our next police chief and I really ###felt how genuine he was in his care for the community and I can tell that he will really keep up with that philosophy of community policing and that he's so forward thinking on a lot of areas that are evolving really fast and I'm so excited that you nominated him. Thank you. Simison: Council, any further questions or comments? Bernt: Mr. Mayor? Page 27 Meridian City Council Item#2. January 26,2020 Page 8 of— Simison: Councilman Bernt. Bernt: For me -- and I will be brief, but for me this was a no brainer decision for sure. I have known Tracy for a while and it -- it's very evident and plain as day that the chief has been prepared and groomed for this role for a very long time. It's evident that he has the support from his staff and his -- his -- his team at the Police Department. I can honestly say this, as long as I have been in the public sector, or even in the private, I can't remember a time that someone has received so much over -- overwhelming support as Tracy has received for this role. I think it boils down to his -- his vision and what he sees for Meridian going forward in the Police Department and I'm excited to see what that looks like. Excited to sit down and have more conversations with Tracy about that. But ultimately -- excuse me -- in my -- in my opinion what strikes me the most is his family values and his love for community. So, again, this is an easy decision for many of us, if not all of us tonight, so I am excited to see Tracy as our next police chief here in Meridian. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Yeah. I just wanted to say a few words. Number one, I want to point out a compliment to the city, to you and past leaders, for the city process that you put into place for succession planning. I mean to -- to grow our leaders from within, to develop people to their full potential and to have them now available to us and have a transition process that's smooth and -- and something we know what we are getting and we are pleased to get. But for really that to be successful you got to have quality people to start with and -- and -- and certainly when -- I don't know how long it took for the folks there in the Police Department to recognize Tracy and what he had, if it was just six months, a year, two years, to realize as a young man he had great potential and to develop that and to bring him along -- he's an outstanding individual, he's a great leader and, as you pointed out, his philosophy of treating people with dignity and respect no matter where they come from is one that certainly is something all of us need to -- need to follow and -- and to be better at and so in a job in law enforcement that really has just gotten tougher over the years, to have a quality leader who is going to do the right things, I know we are going to be -- be proud of Tracy and I think it was great to have you recognize that as well as you went through your process and bringing him before us tonight. So, kudos to you, Mayor. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: If I could -- could jump on the discussion here. 1, too, applaud your efforts to get Tracy here in this appointment and Councilman Bernt hit it on the head with regards to the --the amount of support that we have received. Tracy has been a fantastic role model in our Police Department and will be an exceptional leader. Amongst his traits that -- that I think make him and will make him extremely exceptional at the chief position is his adherence to accountability, amongst other things. He holds people accountable. He Page 28 Meridian City Council Item#2. January 26,2020 Page 9 of— holds himself accountable. It's true as a husband, as a father, as a friend, as a role model, as a mentor to younger officers and now as a leader of our community, he holds all accountable, starting with self. That's a sign of a true leader, a sign that -- that our community is certainly rallying behind him. Meridian is special in a lot of ways and this is -- tonight is a great example when you see this overwhelming support from friends and family, all the electeds, staff, colleagues, anyone who has crossed his path knows it's the right man at the right time for this position. So, hats off to you for bringing this appointment. God bless you, Tracy. We love you and we are excited to get you to -- to work as our chief. Simison: Council, any further comments? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Council Member Bernt hit it on the head. It's a no brainer. Kudos to you, Mr. Mayor and Tracy, you both did your due diligence to make sure that Tracy is the right fit for our city, what we all knew, and, Tracy, you made sure this is the right fit for you, which we all hoped. I'm so excited to be here today. I -- oh, man. I must have caught the Treg Bernt disease tonight. I first learned about Tracy when I found out I was going to come work for the city. My father said -- oh -- you are going to work alongside Tracy. You are going to learn a lot from him. You are going to learn a lot about leadership. And for -- for somebody that I admire so much to have so much admiration for you meant a lot and his was awesome -- is that every instance, every encounter I have had with him has confirmed that. To me tonight's vote of confirmation isn't just confirming you, it's a vote for the department and a great future and I firmly believe you could go work anywhere in the world and they would be lucky to have you and we somehow tricked you to fall in love with us and I'm happy that you are here and, Mr. Mayor, unless there is any other comments, I'm happy to get the privilege maybe as being the liaison to make a motion. Simison: Hold on for one second. Do we have any other Council Member would like to make any comments? Okay. Then I think that you are good to go, Councilman Cavener. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: It is with great pleasure and pride that I move that we confirm your appointment of Tracy Basterrechea to serve as the Meridian Police Chief, effective immediately. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: That's an easy second for me. Page 29 Meridian City Council Item#2. January 26,2020 Page 10 of 43 Simison: We have a motion and a second. Is there any discussion on the motion? If not, I think, Clerk, we will call the roll on this one. Roll call: Bernt, yea; Borton, absolutely; Cavener, yea; Hoaglun, yea; Strader, yea; Perreault, yea. Simison: All ayes. Motion carries. Congratulations on step one this evening. MOTION CARRIED: ALLAYES. Simison: So, we will do what we can to -- get close to the mic so that you can -- your words can be heard by all. But I just want to say welcome to everyone officially, because I'm sure you are here for this purpose tonight. It's great to see some of our -- obviously, the department, community members, former elected officials and others are here to support Tracy this evening. But I did want to give a special welcome to Tracy's family this evening. A special time for everybody. I know. Last thing I want to say to you, Tracy, before we do the oath, in today's world it takes a special person to do this job, especially to be the leader of the department, and I know you -- you have been preparing for this for your entire career and there is nobody better for this role and you have my complete trust and confidence and I hope to learn more from you than I can ever imagine, so that I can pass it along to others in the city and ways. So, with that I'm going to ask you to raise your right hand and repeat after me. I, Tracy Basterrechea, do solemnly swear or affirm that I will support the Constitution of the United States and the Constitution and laws of the state of Idaho, and the laws and ordinances of the City of Meridian. That I will abide by the Law Enforcement Code of Ethics and the policies and procedures of the Meridian Police Department. That I will obey the lawful orders and directives of those appointed over me and that I will to the best of my ability faithfully discharge all the duties of the Office of the Chief of Police in and for the City of Meridian, Idaho, so help me God. (Repeated by Tracy Basterrechea.) Simison: So, the last thing that we are going to be doing -- and I would ask Tracy's family to please come forward right now, his wife Andi and son Antonio. They will be doing the chief's badge at this point in time. I would just like to say that I think it's important for us all to remember in these roles how much of a role the family plays. You know, the sacrifices that they make on a given day for people they are willing to take on these -- these roles and responsibilities. So, with that I will let you go ahead and take it over from here. I would like to present our 15th Chief of Police Tracy Basterrechea for some words. Basterrechea: Well, let's hope I can get through this. First of all, thank you, Honorable Mayor Simison and esteemed members of the City Council. It is my honor to be named the Chief of Police for the Meridian Police Department. I am extremely grateful for your support and guidance. I have honorably served the City of Meridian and the Police Department for 24 plus years and it is humbling to be named the Chief of Police of the agency I started my career with. An agency and community I love. I will not let you down and not to make this sound like an academy awards acceptance speech, but tonight really Page 30 Meridian City Council Item#2. January 26,2020 Page 11 of 43 isn't about me, it's about the people who help you get to where you get and I do have many people to thank. In this country we like to talk about self made men and self made women, but I do not believe there is such a person. Each and every one of us are where we are because somebody helped us along the way, whether it was through a piece of advice, a hand up, or just believing in us. Knowing this I want to take -- I want to thank those who have helped me during my journey. First I would like to thank the men and women of the Meridian Police Department and their families, who have worked hard to build the great relationship we have with our community and for their support they have shown me over the years. Especially want to thank the command staff who has always been there to humble me. And next thank you to all of my mentors in the law enforcement community. The instructors, supervisors, and just damn good cops who have helped to guide me. Too many to mention for fear I will leave someone out. Former chiefs Bill Gordon, Mike Worley, Bill Musser, and Jeff Lavey, who all taught and mentored me along the way. The late Mayor Robert Corrie who hired me and supported me more than he probably should have. Late Council Member Keith Bird, who taught me to play the long game, how to disagree without being disagreeable, and, more importantly, how to forgive. And former Council Member Charlie Rountree, who taught me to be prepared and to realize when someone is asking you questions they aren't trying to sabotage you, they are trying to get you to think and they are trying to understand. Former Mayor Tammy de Weerd, who taught me to welcome feedback and embrace disagreement. I would also like to thank the teachers, coaches, and mentors over the years, especially people like -- coaches like Tom Bingham, Jerry Sabala and Bob Milligan, among so many others. Countless friends who over the years have provided wise counsel and support. I would like to thank my hometown of Gooding, who taught me about community. Most importantly I would like to thank my family. My brothers Jeff and Rick, who have always supported and guided me, no matter what our differences may be, you will not come between the Basterrechea brothers. My niece Misty, who is like a sister to me, and has always made me feel more important than I am. I want to thank my mom Doris and my dad Luis. I wish nothing more for my mom to be here today. She hated that I was going to become a cop, but she supported my brothers and I without question and taught us every person has worth. My dad, who is here today, came to this country at the age of 17 on a sheep herding contract, coming from a country where he wasn't even allowed to speak his native language in public. He taught my brothers and I what loyalty and work ethic really means. He worked six and a half to seven days a week so we could live a better life. Most of all I want to say thank you and show my gratitude to my wife Andi and son Antonio. They have endured so much over my years as a police officer. Late nights and many nights that Andi spent sleepless wondering if I was going to come home, especially during my days working undercover. When we met she thought she was going to marry a teacher and a wrestling coach. Sorry about that. But thank you for your undying support throughout my career. And last I want to say thank you to the community for your support of our police officers. We have something special here and just know every decision we will make as a Police Department will be based around treating people with dignity and respect. Thank you. Simison: Council, let's take a ten minute recess and we will reconvene at 6:50 with the regular City Council meeting. Page 31 Meridian City Council Item#2. January 26,2020 Page 12 of 43 (Recess: 6:37 p.m. to 6:51 p.m.) 4. Public Hearing Continued from December 15, 2020 for Spurwing Sewer Easement Annexation (H-2020-0087) by Shari Stiles, Engineering Solutions, LLP, Generally Located North of W. Chinden Blvd./Sh 20-26, Northeast of N. Ten Mile Rd. A. Request: Annexation of 0.60 of an acre of land with an R-4 zoning district. Simison: Council, we will go ahead and come back in from recess. Next item on the agenda is public hearing continued from December 15th, 2021, for Spurwing Sewer Easement Annexation, H-2020-0087. We will return to this public hearing with staff comments. Turn this over to Sonya. Sonya, if you are there you are muted. Johnson: Mr. Mayor, my apologies. We were muted. So, Sonya should be able to hear us now. Simison: Okay. Sonya, we have reopened the public hearing and turn this over to you. Allen: Good evening, Mr. Mayor, Members of the Council. Give me just a moment and I will share my screen. Can you all see the presentation? Simison: We can see your notes. Allen: I was afraid of that. Sorry about that. I'm not sure why I can't see my presentation. Let's go about this a different way here. Tell me when you can see it. Can you see it now? Borton: No. Allen: No? Johnson: Mr. Mayor? Sonya, I'm bringing up your presentation here. I will give you control over the screen. Allen: Thank you so much, Chris. It shows on my end that it's showing. I'm not sure why it's not. Tell me when you would like me to begin, Clerk, please. Johnson: So, I have sent you information to take over control of the screen. You should see a pop up and be able to take control. Simison: And once you feel comfortable you can go ahead and begin. Allen: I do not see a pop up. I'm sorry, I must be having internet issues, Chris. Page 32 Meridian City Council Item#2. January 26,2020 Page 13 of 43 Johnson: Let me know when to advance, I will take care of it. Allen: Thank you. Go ahead and advance, please. Mr. Mayor, Members of the Council, at the public hearing on December 15th the Council continued the subject annexation request to tonight's meeting in order for the applicant to work with the neighbors, the Tsengs specifically to determine landscaping that they would be amenable to between their property and the access road and for staff to clarify emergency access options via Chinden Boulevard with ITD. Sarah from ITD should be in attendance tonight to answer any questions Council has regarding this access. Staff did verify with ITD that if an access were granted by ITD solely on the Spurwing property via Chinden, the cross-access easement granted to the Wagners to the west, the Wagner's existing access via Chinden would be required to be removed, which isn't feasible at this time as Mr. Wagner does want to retain his existing access. An agreement was reached between the applicant and the Tsengs signed copy of which is included in the public record. The applicant has agreed to pay the Tsengs a sum of 15,000 dollars, the cost of a wrought iron fence between their property and the access road, upon approval of the subject application by City Council in exchange for the Tsengs withdrawing their objections to the application. One letter of testimony has been received since the last hearing from Greg Stock. He is requesting the annexation and emergency access road is denied for the reasons noted in his letter. Staff will turn it over to the applicant at this time. Thanks. Simison: Council, any questions for staff at this time? Okay. With that I will ask the applicant to, please, come forward. State your name and address for the record and be recognized for 15 minutes. McKay: Thank you, Mr. Mayor, Members of the Council. Becky McKay with Engineering Solutions. Business address 1029 North Rosario in Meridian. I'm here this evening representing the applicant on this application. I apologize that I was not -- could not be in attendance on the 15th with the first public hearing. I was stuck over in the city of Star. They did have me at the first of their agenda and I had hoped to be finished there, so that I could, then, rush to Meridian, but it -- it didn't transpire and so the burden fell upon Mr. Freeman to -- to, obviously, try to explain to the Council and the Mayor the history of this project. I have been working on this project for 14 years, believe it or not. The project that just keeps giving. When we initially got the project approved it was in 2007. The recession hit and hit hard and the project -- we had it all designed and was -- it was put on hold. One of the conditions that the Council had placed and the Fire Department upon this project was that we obtain a secondary vehicular access to the -- the development, since our single access came within -- off Balata Court in Spurwing Subdivision. So, we made it a priority and this is the actual right-of-way permit that I submitted in 2008. My signature is on the bottom and we submitted a design for that emergency access and it was approved and it's signed on the bottom by ITD. We, then, proceeded to install that access. This aerial here shows -- it's a 2008 aerial that came from ITD from Shona Tonkin and it shows that the emergency vehicle access -- you can see Mr. -- Mr. Wagner had two existing -- Mr. Wagner had two existing approaches to Chinden and here is our emergency access and we designed it and we paved it and it was finaled by ITD in 2008. Then we kind of sat and waited for the economy to -- to improve. We came through with Page 33 Meridian City Council Item#2. January 26,2020 Page 14 of 43 multiple time extensions. This particular project had five time extensions, which is my all time record. The last time extension I brought before the Council I promised that I will not come back again and give me just six months and we shall build this and record it and we did. Prior to that in 2012 Spurwing Greens development to the west of the golf course was, obviously, starting and, then, Spurwing Challenge that was bought by the Andersons to the east of the Spurwing golf course and the existing Spurwing development needed to extend Meridian sewer. So, my client Jock Hewitt provided an easement that went through our undeveloped property at the time and, then, went eastward to service Spurwing Greens. At that time there were -- was a gravel road that was constructed across our undeveloped property, which you can see here, and, then, they went in and installed access to the manholes that were in the golf course and the sewer came down, across, and, then, down this direction and you can kind of see that -- that gravel access road that went out to Balata Court. In 2014 1 was contacted by Mr. Splett, who worked for District Three in right-of-way permits. He indicated that the Walmart had been approved by the City of Meridian and Ada County Highway District -- one of their conditions was that they would expand and signalize the Ten Mile-Chinden intersection and he informed me that ITD would be extinguishing our access -- or emergency access to Chinden and he said there is no way that we can retain it, because it conflicts with the signal pole location. So, then, this is what was built and you can see that they have -- they have a single turn lane, but they have striped it for a dual turn lane. They relocated Mr. Wagner's approach and, then, they removed the emergency access that we had constructed here along Chinden Boulevard. This is another picture, kind of shows you what that intersection looks like. I -- I did -- I did go to ITD when we submitted -- when all of this kind of started going sideways on us. The first thing I did is -- I had to figure out where is my secondary access going to be. So, I met with Perry Palmer, who was the fire chief at the time, and I said, Perry, I -- you know, we have got a -- we have got a situation here and he said, well, you -- you have a sewer access and we had extended Suez water with an additional easement going north and he said, you know, what about that as -- as an access -- as a secondary access, because you are required to have an all weather gravel surface that can handle 75,000 gross vehicle weight anyway. So, I did submit -- did submit plans to -- these were the plans that we submitted to Mr. Palmer. We also submitted them to Public Works. We also submitted them to the Planning Department. They were approved by all entities and Mr. Palmer provided us this on February 17th of 2017, his approval of that emergency access. Then when we started to construct it, then, everything kind of went sideways and we got notification from Ada county that we had a stop work order, because we were installing a gravel emergency access road within the county. So, we had a meeting with the planning director at the time and their staff in the city -- and the county attorney and -- and I informed them -- I said, well, you know, we have received approval from Meridian Public Works, Meridian Fire, Meridian Planning and they said, well, you are not in the City of Meridian and they said we have -- this is on Spurwing golf course and -- and we in 1994 approved that project, which had no interconnectivity to any projects, and they said, therefore, you are going to have to do a traffic and development plan and a grading and drainage plan, so that we can approve it. So, we said okay. So, we stopped all work, didn't do anything, submitted the application, the construction plans they wanted, the staff denied it. So, then, we appealed to the county commissioners. We went before the county commissioners. We had significant Page 34 Meridian City Council Item#2. January 26,2020 Page 15 of 43 opposition from some of the neighbors on Balata Court. Primary discussion was the interconnectivity of the paved access with the automatic gates between Spurwing Greens and Balata Court. Old Spurwing. And I kept explaining this -- this -- we have nothing to do with that. This is totally independent of that. The county commissioners -- Commissioner Visser, Commissioner Kenyon, then, looked at me and said, well, you know, if Meridian wants emergency vehicle access they have utilities there, then, you should annex into Meridian and Commissioner Visser and Commissioner Kenyon questioned me multiple times -- well, why can't you just go to Meridian and so I said, well, I didn't think that we would need to do this, but I guess that's an option and so they went ahead and they denied our appeal. So, that's why we are here today. We met with your staff. I submitted to the county Warren Stewart's letter, the pictures of your vac trucks, how much they weigh. A letter from Suez, who has a water main in the same location as your sewer main and, then, we also got a letter from ITD, because the county transmitted to ITD and ITD's letter is very -- very informative and it -- and it basically states that there can be emergency access to Chinden with the following conditions: That, one, there is only a single approach. There can't be Mr. Wagner's and an emergency access. Two, there has to be a cross-access agreement between the Wagner's property and the approach has to be constructed in alignment with the outside westbound turning lane, so that that intersection will be in alignment. And, then, on the last page they -- they kind of inserted -- and they did specify that they eliminated our access in 2014 when PACLAND for Walmart came through with their application for intersection improvements and, lastly, it said ITD cannot -- cannot allow a second direct approach at the intersection of Chinden and Ten Mile, but we will consider the option of using a single approach. Mr. Wagner is here this evening. He was not able to attend the -- the meeting on the 15th. Mr. Wagner has no intentions of developing his property at this time. He wants to just live there in the house, like he and his wife and their grandson have done, and he has just basically put all development plans on hold, nor does he want to move his approach or grant any cross- access for our development. What we planned on doing is -- you can see in this aerial there -- that's an access to one of your manholes. So, there is a base. There is ribbon curb and that's what I was told by Chris Anderson, who -- they had -- they are the tenant on the golf course and he told me they won't allow me to come across the second hole to go to Chinden and he said we would prefer that you utilize and use this as a multi-use, because we have a sewer easement for the City of Meridian, a water easement for Suez, and that would be also used for an emergency access. He said on one condition. I want ribbon curb on one -- on each side of it. I want a base and, then, I want you to cap it with perma bark, so that it's aesthetically pleasing. So, that's what our plans indicated and one of the reasons that he gave me for not wanting any access out to Chinden was the fact that this hole here, they may want to redo it at some point in time and so one of the things that Mr. Hewitt did is we clipped this corner of our project, which would allow for the golf course to come around and, then, there -- they may move this hole to a different location and he said I will not have that flexibility and it would obviously degrade the quality of our golf course if you come across it. But if you stay along the side where we already have the Meridian sewer and Suez water, that would be less disruptive. So, this -- this is what we cut in and it's obviously over X'd. I mean it looks -- it -- when we go in and we X out for something we -- we take that -- take it down, we fill it with gravel, and, then, it will narrow up to the 20 foot maximum. That will be utilized for maintenance for sewer and Page 35 Meridian City Council Item#2. January 26,2020 Page 16 of 43 for water and for emergency vehicle access. The neighbors were concerned about pedestrians. We said at the Planning and Zoning Commission they put a condition on us -- sign it no access. Private property. We said fine. Put a gate on each end. Knox box. We said fine. Tony Tseng's property is right here. He is now -- Mr. Hewitt met with Tony, which the Council asked him. I read through your minutes. You said reach out to Mr. Tseng, see if you can come to an agreement. They have come to an agreement. You can see that there is a significant amount of vegetation there. Mr. Tseng did not want us to install the wrought iron. Instead he wanted us to pay him, so that if he chooses to install it he can place it where he wants it and he is no longer in opposition and he was the one that was most affected, that the Council obviously asked that -- that we reach out to and spend a significant amount of time. Here is a copy of the gate. There was a question what that gate looks like and, then, here is the letter from Mr. Bongiorno, who also asked that we construct this secondary access. May I answer any questions? Simison: Thank you. Council, any questions? Borton: Mr. Mayor? Simison: Councilman Borton. Borton: Becky, is that gated at both ends of the emergency access or just one? McKay: Mr. Mayor, Councilman Borton, it -- we were asked to put a gate at both ends with a Knox box. Borton: Okay. Thank you. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: And, Becky, to confirm Tsengs just wanted dough? They just wanted -- they just wanted money? They are not going to -- they are not going to have you do anything and they are not going to -- McKay: I submitted to the public record the letter that -- that they signed -- both Mr. and Mrs. Tseng signed that they -- they said they -- they wanted the money instead of the fence. They didn't want us to install the fence. And in my conversations with Sonya she was concerned that if we installed the fence where would the fence go. She didn't want any no man's land. So, that seemed to work better for the staff, that then they would control where that fence went and when that fence goes up and if it goes up. But Mr. Hewitt and Mr. Tseng ended on good terms and I think -- I think we have a solution here and -- and that's -- that's what I'm hoping. I'm hoping that this 14 year adventure of mine ends this evening. Simison: Council, any additional questions for the applicant? Page 36 Meridian City Council Item#2. January 26,2020 Page 17—43 Borton: Mr. Mayor? Simison: Councilman Borton. Borton: Just one and, I don't know, maybe -- I don't know who else is speaking next, but the -- paying the fee and not paying the -- and not putting the wrought iron fence in -- the fence I thought was intended to alleviate some of the concern and whether it's this homeowner or a future homeowner of this property, it just seems odd that a fee would be paid and -- rather than actually put in a wrought iron fence, which is ultimately what was appropriate to try and remedy some of the concerns, so -- McKay: Mr. Mayor, Councilman Borton, I think that question is probably better suited for Mr. Freeman, because he also had conversations with Tony Tseng and -- and Mr. Freeman -- I was -- I was not a part of that conversation, so I would defer to Mr. Freeman to answer that question. Borton: Okay. Simison: Council, any additional questions for the applicant? Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Thank you, Becky. I was not at the meeting on December 15th, but I have had time to go through the last meeting finally and did want to follow up. It seemed like there was a question regarding whether the police and the ambulances and other responders could use the same basically lockbox on the gate that the fire department uses. I think that was a Knox box. Is there going to be an opticom box? How does that -- maybe you are not the right person, I don't know, but how do we make sure that if this was to move forward that all emergency responders would be able to utilize this access? McKay: Mr. -- Mr. Mayor, Council Woman Strader, that's a -- that's a good question. I -- I was always under the assumption that -- that the Knox box keys were available to any emergency services, because I know, you know, there is situations may arise where -- where the police may need to -- to get access. Obviously Public Works will need to get access. Suez will need to get access for maintenance purposes. So, I'm not sure if there -- if there is -- is some universal -- there is no universal. But we would be glad to work with -- with your emergency services, you know, to -- to make sure that everybody has access. Obviously, two -- two ways in -- two points of access into a development is what is preferred. I just had this conversation with Fire Chief Timinsky over in Star and -- and he is -- has talked about -- they have done a real poor job of interconnectivity between these older subdivisions and how they are making efforts to try to improve interconnectivity and he said in the event of a -- even a house fire he said we will send engines from two different directions, you know, to -- because we will hook to different hydrants and so forth. So, you know, this is, in my opinion, a life safety issue that -- that Page 37 Meridian City Council Item#2. January 26,2020 Page 18 of 43 we need to make sure we don't ignore and -- and that's my goal is to do what's right, but -- but we are -- we are open to suggestions. Maybe -- maybe chief -- you know, Mr. Bongiorno has a -- a solution. I don't know. Simison: Yeah. I think we would be -- that's a great question. Because I -- now that -- especially if we start bringing Suez into the equation, I don't know that our Public Works Department has the -- I'm sorry, what is it, Lieutenant Leslie? The motocons? I don't know -- opticoms. Opticoms. I don't think those are on Public Works. So, I don't -- this is going to be a humdinger. I'm trying to figure out how you can get multiple people in. Bongiorno: Mr. Mayor? Simison: Yes, deputy chief. Bongiorno: So, typically what we do for some -- because this is a gate, we will be putting a Knox padlock on there and typically when you have multiple people that are trying to access a gate, what we usually do is we lock our-- our padlocks together and so that way if I get there I can unlock the gate and drop the chain. If Public Works gets there they can unlock their lock and drop the chain. So, they are chained -- they are locked together. That's one of the better ways of doing it with a gate or chain, so we can just lock all of our locks together, so everybody has access. Now, as far as PD goes, we can work with the Police Department on --the Police Department does not carry Knox keys in their vehicles. So, typically what we do is if there is some type of an incident we will -- our battalion chiefs carry keys -- all of our units carry keys. I carry keys. Both my inspectors carry keys that are locked in our vehicles and so we can give PD a key if there is an incident going on and they don't want us in the area. So, we will give them a key. They -- they have the protection that they carry with them and -- and they can unlock the lock as well and, then, worst case scenario as with any lock a pair of bolt cutters works great. Simison: Thank you. Any additional questions for the applicant? Okay. Thank you very much. Mr. Clerk, do we have anyone signed up to provide testimony? Johnson: Mr. Mayor, we have two sign up in advance. First is Patricia Liddell. Simison: If you can state your name and address for the record, please. Liddell: Sure. My name is Patricia Liddell and my business address is 6149 Meeker in Boise. 83713. Hi, Treg. I am a representative for the homeowners in Olive Tree. I am the community manager for those homeowners that -- that live there and we tried to seek some information from the homeowners as to whether or not they were in support of this application and I would say that, yes, I have -- we -- we don't have a fully built out or occupied subdivision at this time, but we reached out to the homeowners and I have 15 of the homes that have signed letters of support and I wasn't sure if you want me to give that to you guys -- submit it as information or -- but I have them here for you if you would like. So, at this point my -- I don't have all the history, obviously, that the engineers and the legal people have. However, my question to you all is -- I'm sure that you live in a Page 38 Meridian City Council Item#2. January 26,2020 Page 19 of 43 subdivision and I'm sure that your concern for your family's safety and security would be top of mind and I believe that having a secondary access and the homeowners believe that the secondary access is really important for their safety and security, so I would just ask that you would consider approval of this easement annexation and, then, we can just move forward and keep those folks safe. So, I don't know if you have any questions for me, if that's appropriate, but I would be happy to try and answer them. Simison: Thank you. Council, any questions? Liddell: Okay. Great. Thank you. Johnson: Mr. Mayor, next is Rick Mauritzson representing the Spurwing HOA. He will correct me on that if I'm wrong. Mauritzson: Mr. Mayor, Members of the Council. My name is Rick Mauritzson. I represent the Spurwing HOA board, as well as the Balata residents. I want to start off with a few discussions regarding Ms. McKay's presentation, so I'm going to jump to what was presented in December. Ms. McKay has repeatedly over -- through Ada county and through Meridian city meetings claimed that this road has always existed and at least in a gravel form and that is very false. The 2007 plot map shows no existing road. Adjacent property owners in December submitted substantial photos confirming this. The satellite views provided by the developer are intended to mislead Meridian P&Z and City Council. The recent claim to be a nonmaintained road is simply disturbed earth from the installation of the sewer lines. If you recall from December this was shared -- you can see there on both photos what Ms. McKay's claiming as a previously existing road. That is simply disturbed earth from installation of the sewer line and from construction traffic during that installation. You can see there is also what appears to be -- if that's a gravel road there is also a gravel road running horizontal across the fairway, which we know does not exist. Again, it's disturbed earth from the installation of sewer line. Moving on to Commissioner Visser. I think it's a little misleading, Ms. McKay's comments there, but here on the first main bullet why Ada County Commissioner Visser had suggested the developer could pursue annexation with Meridian city, it should be made clear that the Board of Ada County Commissioners was not in favor of the proposed road. He had asked during the commissioners meeting, you know, why not, but that was the extent of it that she's referring to. In regards to the Anderson's denial of the road in its original location, point you here to the first main bullet. The Club at Spurwing has no authority on this matter as they are tenants and leased the property in 2011 with full knowledge of the planned emergency access road in that original location. Jumping back to tonight's presentation, the Spurwing HOA and Balata residents have argued against the proposed road for -- location for three reasons. The new proposed location imposes a significant negative impact to the adjacent homeowners' property value and quality of life. Two. A road is simply not required. Installation of the fire sprinklers in remaining Olive Tree homes has been proposed by both Meridian P&Z and the fire marshal's acceptable alternative solution. The developer can pursue the solution without Meridian annexation. The Meridian fire -- police chief stated during the December meeting that a secondary emergency access, such as the one proposed, has never been used to his knowledge. Page 39 Meridian City Council Item#2. January 26,2020 Page 20—43 Fire sprinklers are much more practical and likely to be used versus a secondary access. And why go against Ada county's ruling and negatively impact Balata homeowners for a road that is simply not necessary. There was a question in December. Why do Balata residents care if they are not -- you know, the couple residents at the end of the cul-de- sac. Well, those -- they care because, one, number three, which I haven't gotten to, the safety concerns, but also in regards to number two. A lot of them are members of the course and they prefer no road. So, no road and the fire sprinkler option would be the preferred option from the Balata residents. And, number three, if a road is dictated by Meridian, the original 2000 -- 2007-2008 approved emergency access location is still the safest, least redundant, and quickest approach. With the pending home sale of the adjacent resident, number one is less of an issue. I noticed that Ms. McKay completely left that piece of fact out, that the resident is selling. That's why he has signed and agreed to the road. However, the HOA has not changed its stance regarding its recommendation against the proposal for the reasons above. So, the Tsengs have agreed to a new road location only because they are fed up with the current situation and have decided to move a few blocks away. They are not moving due to job or relocation, they are moving a few blocks away because of this catastrophe here that's happened. If they were -- if they were not moving they would still be steadfast against the proposal. The developer has negatively impacted the Tsengs and all Balata residents with a relocation repurposing of a previously emergency access road that now generates 500 to 600 cars a day down the once quiet Balata cul-de-sac and there is more information in the exhibits and Ms. McKay touched on that. A lot of the Balata residents don't trust this developer that you won't do the same with this other road. But it's kind of beside the point. But this is why the Tsengs are fed up and for the past one and a half years on top of that already injury, more salt in the wound, they have been tormented with the negative impact of this new road constructed along their property line that was relocated and constructed by the same developer without permit. It's obvious the developer thought it would be easier to ask for forgiveness versus permission at the expense of the Tseng's quality of life. The Tsengs had to relocate one of their dogs, deal with continuous foot and bike traffic, and live with an eyesore deteriorated -- deteriorated view of the golf course for the past one and a half years. Ada county, after a very thorough investigation into the matter, ruled against the new road, but Meridian Planning and Zoning rushed to developer's rescue with a rubber stamped staff report recommendation, based solely on the developer's narrative with several incorrect facts and assumptions. It's no surprise the residents have had enough. This is Ada county's documentation and research. There is eight pages per page here. There is a lot of research they put into this and very little that -- as far as what I can tell is referenced by the P&Z staff. Throughout this process developer has manipulated the system and his actions should not be rewarded when alternate solutions do exist. Regard to the Meridian staff claims, the staff report claims that it's due to the county's denial of the site modification and the city's requirement for an access to maintain the public utility is the reason why they support this request. Ada county has already demanded with pending litigation that the sewer access stub roads be reinstalled to satisfy public utility access and, by the way, that won't require any Iockboxes, Knox boxes or opticom locks, et cetera. A continuous road is not necessary, nor required for utility access as detailed in the December presentation. The staff also claimed that due to the Ten Mile-Chinden Road improvements that the intersection -- you know, to that intersection it now Page 40 Meridian City Council Item#2. January 26,2020 Page 21 of 43 necessitates an alternative location. As shown in Exhibits 3 and 4 shown in December, the original proposed location is still viable and this was confirmed by ITD in December 2019. The developer has simply chosen not to pursue this option. An alternate location is not even necessary. Staff states that the developer can pursue fire sprinklers in additional homes and this option does not require annexation. In summary, Ada county has been very clear that the new proposed road location would be injurious and a nuisance to adjacent property owners, while the most impacted residents have lost hope and decided to move. The new proposed location is still not the logical safest location and still impacts, although to a lesser degree, adjacent residents, such as the Kleins that reside exactly opposite the cul-de-sac from the Tsengs. They look out their front door and can see this road and the gate where it would reside and where it connects to Balata. A continuous road is not required for sewer and water access. Ada county has pending litigation forcing the developer to restore the original stub roads. No action needs to be taken by Meridian to restore sewer or water maintenance access. The original 2007 proposed and approved emergency access location is the safest, least redundant, and quickest approach. The current approach uses 60 percent of the entryway of the primary access and it passes by the Club at Spurwing, which is your most likely choke -- most likely choke point for any traffic issues or for emergency vehicles to get through there. An alternate solution has been proposed by Meridian Planning and Zoning, with fire marshal approval, involving installation of fire sprinklers in the remaining Olive Tree homes. Balata residents support this solution to the problem. Annexation is not required for this option, nor should it proceed until developer returns the land back to its original state, as demanded by Ada county. Please do not allow the developer to circumvent Ada county's decision and ruling on this matter. And it's been brought up several times about the traffic and this is a typical scene during rush peak hours of the traffic. This is taken from the front yard of the Tsengs. This is unrelated to this particular request, I understand that, but you got to understand this is why they are fed up. This developer is now routing 500 to 600 cars a day past the Tseng's house and, then, on top of that they have had to live a year and a half with a partially constructed road, which was put in without permit and they are just tired of fighting on this. I don't have anything further tonight. I'm open for questions or be able to go into more detail if you would like. Simison: Thank you. For the record can you state your address. Mauritzson: 3028 West Balata Court. Simison: Thank you. Council, any questions? Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Thank you for being here this evening. I -- I'm just curious your thoughts on in this presentation, as well as the one from December -- well, we now know that ITD has for sure confirmed that they are not comfortable with two accesses. So, it seems like that option is taken off the table. I'm wondering if you could share your thoughts on that. Page 41 Meridian City Council Item#2. January 26,2020 Page 22—43 Mauritzson: There was a -- I got two thoughts on that. There was a question from a Council Member in December about whether or not the Wagners had a secondary access and if it would be landlocked. They do have a secondary access. Ms. McKay showed that. So, it's not completely clear. I don't know what ITD's rights are, if they can mandate a -- you know, force a particular solution there. But that's up to ITD. But it should be noted that there is a secondary access onto Chinden from the Wagner property. If that is not a solution, again, you know, I think our primary focus is that the fire sprinklers is the win-win solution for all. Andersons are happy. They don't have a road going across the golf course where Ms. McKay pointed out. The property owners aren't impacted that are going to move into the Tseng's residence. The golfers don't have to deal with the road on either side and, to be honest, the sprinklers are far more likely to be used than that secondary access anyway and some in more useful. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I definitely get the impression that there is a deep trust issue because of what happened with the previous emergency access. Is there anything, you know, for example, if we were to specify that this is emergency access or put it into the development agreement, is there anything that would help give, you know, your HOA comfort that that will not be the case here? That was a different situation, but it feels like there is just a mistrust or a real concern. You know, would that help overcome that concern? Mauritzson: There is -- there is absolutely a mistrust there. You know, the developer has proposed as much as possible, you know, in regards to it's going to be gated, it's not going to be ever converted in the future to through traffic. I don't know what more can be asked. But you are right, there is a distrust. I mean that road was put in, again, with assistance of Ada county and Meridian city for that matter. If you look at the Meridian city zoning commission report, it says that that road is not intended for through traffic and yet we have five to six hundred cars a day, a car every minute and a half from 7:00 a.m. to 7.00 p.m. drives by the residents on that dead end cul-de-sac. That's ACHD traffic studies. Simison: Council, any additional questions to -- Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Rick, just curious if you and the applicant had any communication after that December meeting, they reach out to you, you reach out to them, any way, shape, or form? Mauritzson: No shape or form. They did reach out, as Ms. McKay said, to the Tsengs regarding landscape, but that was it. Page 42 Meridian City Council Item#2. January 26,2020 Page 23 of 43 Simison: Thank you, Rick. And, Council, we do have ITD on as well if anyone would like to direct any questions to them. This is a public hearing. We have gone through those that have all signed up. At this point in time if there is anybody in the audience that would like to come forward and provide testimony you can do so now or if we have anybody -- I guess we just -- the only person we have is ITD from the public that's present. Seeing no one -- Arjona: Hello? Simison: Yes. Sarah, would you like to provide testimony? Arjona: Just to clarify that the previous presentation -- Simison: Sarah. Arjona: -- stated that that was a minimal -- hello? Simison: Sarah, if you could state your name and address before you speak. Arjona: Oh, yes. Sarah Arjona. I am representative of Idaho Transportation Department. I live in Boise. So, 10370 West Landmark Court. Simison: Okay. Go ahead. Arjona: I just wanted to be available to the Council in case they had questions for clarification. ITD does not have the right to take away the access from the Wagners, unless -- you know, unless they go to develop there is no reason for them to come into compliance with the new rules, because they were previously approved under different circumstances and different rules since before 2012. So, as far as the emergency access ITD is, like I said earlier, would be willing to consider a single approach to line up with the intersection and it was also stated earlier that a cross-access agreement could not be arranged. So, any questions? Simison: Council, any questions? Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: I don't know why my video isn't working. I apologize for that. I'm curious. It seems to me like we wouldn't be here having this conversation if the original emergency access wasn't removed when -- when that intersection was -- was improved. So, I'm just -- I guess please help me understand. This is, obviously, not my field, how it was permissible to remove that emergency access, but not to now remove the Wagner's. You said that they are under a different set of circumstances. But if you are able to share any of that history with us or how it was possible to remove the original emergency access Page 43 Meridian City Council Item#2. January 26,2020 Page 24—43 with the intersection improvement without approval or agreement from the landowner at that time. Simison: Sarah, are you there? Arjona: Sorry. It was muted. So, the Walmart project expanded the Ten Mile intersection and both approaches as existing could not stay in their original configurations at that point for safety reasons. So, during the project they had agreed upon -- so, in the plans that there is shown an approach where it was rebuilt that was supposed to be a shared approach. I can't tell you what circumstances caused it not to go through. There should have been an agreement there. Our understanding was that it was meant to be shared for both uses essentially. So, at this point in time ITD cannot make them give a cross- access agreement. Again, this was determined during the project process and those considerations were taken in -- I'm sorry, I don't have the background of that particular project. Simison: Council, any further questions? Is there anybody else that would like to provide testimony at this time? If you would state your name and address for the record, please. Wagner: Rod Wagner. 3240 West Chinden in Meridian. I just want to reiterate that I have no plans to do any development at this time and I do not want to give up any of my two small two acres that I have and I'm just going to stay there just like it is. Just want to state that again. I have stated it in the last three hearings and I don't think this project has anything to do with my property, so -- and, then, I just -- if you have any questions. Simison: Council, any questions? Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Thank you, Mr. Wagner, for being here this evening. I'm curious if you are under the same understanding as what Sarah just shared, which was that their originally was an intent for there to be a shared access at the time that the -- the access was removed with the improvement of the intersection. She said she wasn't able to really give us some history on why that intended shared access agreement never came to be. I thought you might be able to share some history for us. Wagner: Try that again. What are you asking exactly? Because they moved my -- my driveway over. They only needed -- they can only have one, because of the safety issue. My driveway was in that intersection and that's why they moved it over, as far as I can remember. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Page 44 Meridian City Council Item#2. January 26,2020 Page 25—43 Perreault: Mr. Wagner, did you have an opportunity to hear what Sarah from Idaho Transportation Department just shared with us right before you came up to the -- Wagner: Yes. Perreault: Did you hear her say that she was of the understanding that there was intended to be a shared access agreement with -- with the applicant -- with the developers and you to share that emergency access and she wasn't sure why that never came to be. Wagner: I don't -- I never accepted any agreement like that. I don't think there is one exists. Perreault: Thank you. Simison: Council, any further questions? Thank you. Is there anyone else that would like to provide testimony at this time? If not I would ask the applicant to come forward for final comments. McKay: Mr. Mayor, Members of the Council, Becky McKay. Mr. Freeman would like to say a couple words, too. I just want to reiterate to the Council -- I have been coming -- been coming before this body for 28 years now. You know, these county subdivisions that were done in the '90s, they always seem to come back to haunt us due to their lack of interconnectivity, lack of services. All those lots are on septic systems. My husband in 1994 built Spurwing Subdivision. He built the golf course. McKay Construction. He was also a founding member of the golf course. So, I'm fully aware of all the history that transpired and there was no interconnectivity. It was just dead end cul-de-sacs that ended and, then, there was emergency access easements on the old plat between the two cul- de-sacs. An opportunity when Spurwing Greens came in was provided to get some interconnectivity and secondary access. Obviously, it has changed Balata Court, but that is independent of my project. I am not putting any trips onto that interconnectivity between Spurwing Greens and Balata Court. Mr. Mauritzson says, well, let's just sprinkle those houses. We already have 30 homes that are constructed. They are not sprinkled. What if they catch fire? What if there is a -- necessitates a second engine coming in from a second direction? That could be problematic and this body has always looked at, one, protecting the City of Meridian and its citizens. Two, protecting its utilities. I have an e- mail here dated July 8 from 2020 from Bruce Freckleton to my civil engineer on this project and it says: Let's make sure that the required compacted gravel access road over the sewer main is in place, please. That's what this e-mail says. I have never ever had a project in the City of Meridian where I had your sewer facilities and water facilities outside a public right of way that I did not construct an all weather surface gravel access, nor have I ever had a project that had more than 30 lots that did not have a secondary access. Mr. Mauritzson, you know, he -- he claims, well, there was never any gravel in between the two manholes. I got the information from Chris Anderson with Sundance Company, whose contractor put it in. He indicated to me that there was gravel there and it just sank down into the mud. All we are trying to do is we are trying to solve a life safety issue and at the same time make sure there is adequate access to your sewer and Suez's water Page 45 Meridian City Council Item#2. January 26,2020 Page 26—43 facilities, which is what we do on every project and this could be precedent setting. Hey, don't need -- don't need them. Don't need a gravel access over the sewer and water. You know, they will -- Public Works we will have to get four wheel drives and -- you know. And Warren's comment to me was, you know, we get one of those vac trucks stuck we got a big problem. We are going to have to get a huge wrecker to get it out. So, you know, this is important and the county did not understand that. The county commissioners don't do sewer, they don't do water. They had no grasp of this and it was very obvious. Commissioner Lachiondo says I have no idea what you are talking about and no understanding. I'm just voting no because staff recommended no. And Commissioner Visser and Commissioner Kenyon said this is a Meridian problem. This is a Meridian subdivision. These is Meridian sewer. Meridian secondary access. Annex to Meridian. We are just going to deny you. You can go to Meridian. So, we are doing exactly what they have instructed us to do. We are not trying to circumvent any rules. We got all of our approvals that we thought we needed to have until we received a stop work for Ada county and I talked to Warren and he says we have sewer and water running through Ada county outside city limits all over. We have never ever been required to get a permit or get a grading -- or a traffic and development plan or a grading and drainage plan. I mean, you know, this -- this blindsided us. This is not misrepresentation. This is not something where we are in the middle of the night building this facility. We were doing what we were told to do by the Public Works Department, the Planning and Fire Department and I hope that the Council supports their staff. Freeman: Mr. Mayor. Council. Mark Freeman. Foley & Freedman Attorneys. Attorney for the applicant. 953 South Industry Way in Meridian. Thank you for your attention this evening. Try to make it quick. Mr. Borton -- or Councilman Borton asked a question earlier about the applicant. We are definitely not hiding the fact that the applicant's house is for sale and I -- apparently he has located another buyer. I -- most of the communications with the applicant were via me and the applicant Mr. Tseng. Tony Tseng. Speaking on the phone. We had several numerous conversations. We got to go back a little bit on the history. How did the fence come up? Well, the fence came up because at some point in time Tony Tseng asked Mr. Hewitt during a phone call you got to give me something. How about if we -- how about a fence, will you pay for a fence. That's where the fence started. We put the -- so, that's where the fence came from. The landscaping came from what we thought -- I think it was a mistaken impression that that's what people wanted. So, in one of Becky's updated -- or, actually, Jock got a landscape plan from someone, they updated it and they put some landscaping in and, then, we heard from the neighbors, oh, well, we don't want that landscaping, it obstructs our view of the golf course. So, I spoke with Mr. Tseng. He made the offer. He -- he is -- represented to me that he is making the offer not just for himself, but for the future owner of that parcel and that they are going to use the funds that -- that my client agreed to pay upon approval to resolve the issues of the fence and the location of that easement. So, my understanding from what Mr. Tseng represented to me is that -- is that the new owner is not going to come in and be shocked that there is an emergency access there, that these funds -- somehow they have negotiated that -- they have worked that out. So, I think we have the -- we have the approval and no objection from the person who is the most affected by the project. I wanted to make that point -- point first. I don't have a lot of points to make. Mr. Page 46 Meridian City Council Item#2. January 26,2020 Page 27 of 43 Mauritzson may not know -- he made a statement that there has been no effort to contact him. That may be correct. But my client -- my client's president, Mr. Jock Hewitt, made an attempt, reached out, left a voice message for the actual president of the homeowners association, who is Eric Epperson. He is the board of the Spurwing HOA. He's never received a return call. So, it wasn't that -- that we just ignored the Spurwing board, my client called the president and said, hey, I'm supposed to talk to you, I'm happy to talk to you, and never received a return call back. I think the point's been probably beat -- beat in well enough to everybody that these -- some of the neighbors on Balata have a -- maybe a legitimate -- they have a legitimate right to complain about whatever they want, but they are upset about the traffic on their court and that's not this applicant. It's not Mr. Hewitt. That's the--that's the development over at Spurwing Greens and that connectivity issue, that's a total different issue. We have been saying that all along. I know they are upset about that. I respect that. But that's not why we are here. This emergency access is going to be restricted. It will only be emergency access. It's never intended to be a -- any kind of public access and we have had testimony at various times that people had to move or they -- they -- there were dogs and people walking through. Well, there is no gates. There is no gates on it. It was just a field and a road that sort of went through it. Anybody could walk it. When this is done there is going to be at least two gates. My understanding that there was going to be -- or are going to be three gates at that -- at the -- at the location -- at the cul-de-sac in Olive Tree. My client didn't want vehicles like pull in the emergency access, even before it gets to the Knox gates and so he is going to install an extra gate there. So, there is actually three gates. It's a golf course. It's -- it's not public property. People get thrown off the golf course all the time for walking on the golf course at this location or other locations. They are never supposed to be on it, unless they are playing golf. So, it's never permissible for anybody to ride a bike on the golf course, walk through the golf course. You can't do that. It's not allowed. And this is no different. But the point is this will never be used for anything other than emergency vehicles and I guess my final point is -- if I can wrap this up really quick. Fire suppression devices, like Becky said, really aren't an option. These people that bought homes in Spurwing or in Olive -- Olive Tree, they bought into a subdivision that had an emergency access and it doesn't have one and even if we sprinkler the remaining homes there is no secondary emergency access. The -- the -- some of the opposition is, well, everybody's going to drive in off of Spurwing Road or whatever that main entrance to Spurwing is, but if that road is blocked how do we get to here through the emergency access, we come in through Meridian Greens and I think it's important to know that. So, there is a valid -- there are other ways to get into the property if you allow this emergency access. And I will stand for questions if you have any. Simison: Thank you. McKay: If I could just say one last word. Simison: Really quick. McKay: Usually what we are doing is going -- when it's finished it will look exactly like what you see on the screen there. That's the access to the manhole. That is the perma Page 47 Meridian City Council Item#2. January 26,2020 Page 28—43 bark cap with the ribbon curb on each side. So, it's not going to look any different than what's there and over on the west side. It's going to be identical esthetically. Simison: Council, any -- are there -- or any last questions of the applicant? Hoaglun: Mr. Mayor? Simison: Councilman Borton. Borton: If I could ask a question of -- of Fire. If Chief Bongiorno is available. Simison: He's here and ready. Borton: Hi, Joe. So, in the -- in the door number two option of fire sprinklers, when a project such as this goes ahead and constructs 20 some odd homes before you get to that fork in the road, how is fire sprinklers an option in that? Does it apply only to the homes 31 and on or do you have to go back and retrofit the first 30 homes as well? Bongiorno: No. Mr. Mayor, Councilman Borton, we can't go -- make them go back and sprinkler the houses that are already built. That's a done deal. So, what -- what we can shoot for from this point forward is anything that gets built from this point forward will have to have fire sprinklers in it. Again, it's not ideal, but it will at least give us that advantage if there is a fire in one of those homes, that the sprinkler system is going to do its job and keep the fire in check until we can get there. So, that's -- that will help. Strader: Mr. Mayor? Simison: If I could follow up with a sideways question. A hypothetical. If this would have been approved for 50 homes with no secondary access, would all 50 of the homes have been required sprinklers as an option or only 20 of the 50 if this is a brand new other application. Bongiorno: If we can get it ahead of time -- I think it would depend on water supply and how the subdivision is laid out. You know, what's the distance that we would have to go. Honestly, I would have to look at it. Typically what we try and do is -- you know, if we need to the whole thing should be sprinklered. If -- but, again, it's going to depend on what's our travel time to get there. If it's -- if we are outside of our five minute goal, then, the best option is going to be to sprinkler the whole thing. But we have had some areas where we have had some offshoots, you know, from the main sub and -- and I have told them if you go ahead and just fire sprinkler that little offshoot, we will be good, because that way the extra time it's going to take to get to that area, the -- the sprinkler system should do its job and keep the fire in check. Simison: Thank you. Council Woman Strader. Strader: Question for Bill Nary. I'm not sure we would normally do this, but -- and it's a Page 48 Meridian City Council Item#2. January 26,2020 Page 29—43 totally different situation. So, the folks at Balata Court had an unfortunate situation with an emergency access road that was totally different than this, but is there anything we could do as the easement holder that would help assure them that this will remain an emergency access road in perpetuity and -- and is there anything we can legally do that would give them some extra assurance that this will not turn into a new thoroughfare next to their home? Nary: So, Mr. Mayor, Members of Council, Council Woman Strader, yes. So, this would be part of -- since it would be an annexation, we would have a development agreement that would require that. We would put in language that this could only be used as an emergency access road. They would be required to put the gates in and the locks in and, then, we have -- between -- whether it's a de-annexation, which is the ultimate hammer, of de-annexing the property out of the city if they won't comply. Secondarily, Planning has to approve any additional buildings or anything related to the subdivision. So, if, for example, the 32nd house they want to build and they still haven't put the gates in, they won't issue permits. So, they won't be able to build out the subdivision without turning this into what they are proposing. If they were, for example, to build out the remainder homes and somehow for some bizarre reason they took out the gates, because of -- for whatever reason, we could sue them to enforce the contract of their development agreement. So, we do not sleep on these things. So, when people raise to us the concerns about how the development agreement is not being followed or how they are not getting compliance, whether it's landscaping, whether it's parking, whether it's -- whether it's this gate's access. Yeah, we have code enforcement, we have planning and we can sue them and so we definitely have the legal recourses to assure the residents that that is what's intended here and that's what it will be. So, I don't know how to give them more comfort level. I recognize there is a trust issue here, because of the other one and that wasn't what was anticipated at that time. But here it's clear this has to be pretty concrete on what this agreement says and that we will have the tools to enforce it if needed. Strader: Perfect. Thank you. Simison: Any further questions? Borton: Mr. Mayor? Simison: Councilman Borton. Borton: To kind of close the loop with Planning staff, was there any condition within your staff report -- I'm looking at it now -- that at least updated as of today that -- that you believed remained unresolved going into today's hearing that you needed specific direction on? Allen: Mr. Mayor, Councilman Borton, Council, I don't believe so. The updated staff report included conditions for gates at each end that meet the Fire Department requirements. Signage to be installed stating that public access is prohibited beyond the gated area. Page 49 Meridian City Council Item#2. January 26,2020 Page 30 of 43 So, unless there is any other items Council would like included, that's what's currently in the report. Borton: Okay. Thank you. Allen: Thank you. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Sorry. Maybe this is a silly question for -- for Sonya, but would the DA include the language that Mr. Nary just talked about? So, that specific language that -- that it would only be used as emergency access, so that would be very clear. Allen: I'm just looking at the wording right now. We can certainly state that to be absolutely clear. Nary: Mr. Mayor, Members of the Council, we can work with Planning to make sure that's written in there. Allen: We could -- we could actually change DA provision 1-B that says signage shall be provided stating the public access is prohibited beyond the gated area and, then, just add to that that it's for emergency access only, if that's what's desired by Council. I should add -- and for maintenance by Public Works of the sewer. Thank you. Simison: And water. Allen: Yes. Thank you. Simison: Council, any discussion or I will entertain a motion to close the public hearing. Or we could take a recess if people would like a recess. Bernt: Mr. Mayor? Cavener: Mr. Mayor? Simison: Councilman Bernt. Bernt: This question would be toward the applicant before we close the public hearing. If I could just have someone from the representation -- that's representing the applicant answer this question in regard to -- if someone could just walk me through the process of why the applicant-- or the -- Mr. Hewitt decided to start building that road without any type permit or any type of permission or-- if that could just be clarified and help me understand, bring some clarity to that issue. Page 50 Meridian City Council Item#2. January 26,2020 Page" —43 McKay: Mr. Mayor, Councilman Bernt, we -- we submitted construction plans to Public Works -- Meridian Public Works, the Planning Department, and the Fire Department for the off-site emergency access sewer and water maintenance roadway. Those plans were approved. We precon'd the project with the City of Meridian and Ada County Highway District and, therefore, we had the approvals and they had approved the specifications with the gates and so our construction was approved by the entity in which we thought we needed approval from. Bernt: My next question is to staff. Why would we give approval to something like this when it's not even part of our city? I understand that our -- you know. If someone could just --just clarify that for me as well. McKay: Mr. Simison, Commissioner Bernt, since the City of Meridian had a sewer easement, part of that easement document talks about maintenance, providing an all weather surface access, that the city has the right to go in there or have work done. There are instances where -- and Mr. Hewitt owns the golf course. The Andersons have the lease on the golf course. We had obtained approval. Obviously, Mr. Hewitt had given his approval, since he is the developer and we had met with Chris Anderson, who is the lessor and he had given approval. So, we thought we had obtained approvals from all entities. The Fire Department -- everyone to construct. It was not until someone complained to the county that we were -- we had started that -- that roadway. That, then, we received a stop work. I have never encountered this issue and I asked Warren Stewart -- I said have you ever -- have you ever been stopped from installing an emergency access or maintenance roadway over your sewer and water outside the city limits in the county, have you ever gotten a permit from Ada county. He said, no, never. It's our sewer. It's our sewer easement. We have the right to make any improvements in there that we see fit for proper maintenance. So, it's not like we intentionally violated the rules. We thought we had all the necessary approvals. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: When this was brought to your attention what was the communication to the Planning Department? I appreciate your communication with Warren, but this all should have -- if this all went through the Meridian Planning Department -- McKay: Yes, sir. Cavener: -- I mean you have been doing this longer than -- than I have. If I get a call from the county saying, hey, you are building on our land, I would be going to the city saying why did you give me approval and -- it's not about blaming anybody, but if a mistake occurred I think that's the piece that I have struggled to wrap my head around with is how you all who do this all the time, are the experts, thought you were okay to go do it and that's the piece that might help me is how the city responded when you brought this to their attention. Page 51 Meridian City Council Item#2. January 26,2020 Page——43 McKay: Yeah. Mayor Simison, Councilman Cavener, we went all through the city approvals, I guess not knowing that we needed any other -- the city did not indicate that we need to pursue any approvals at the county and since that was an existing sewer line that had been there since 2012 and here we were in 2020 installing it as per the requirements of Public Works for an all weather maintenance roadway, I mean I have never encountered -- this is the first time I have ever had sewer that ran outside the city limits and -- and we thought that we had all the necessary approvals from the city. No one raised any red flag and said go to the county. But once we were stopped, then, we went and I contacted your Public Works Department. Cavener: What about our Planning Department? McKay: Contacted Planning. Cavener: And what was their response? That's -- that's the piece that I -- McKay: They were shocked. They said why would the county care that -- it's our -- it's our sewer facilities. It's our emergency vehicle access. There is Suez water. And I said, well, obviously, they are upset about it and they want us to go through this permitting process and that's when Mr. Stewart indicated to me we have -- we have sewer outside city limits all over Ada county and I have never ever been required to obtain a permit or permission from the county. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Question for Sonya. Sonya, any insight you can give us on this? I mean what's the scenario that plays out where the city approves construction of a road that's not land that's been annexed into the city? Allen: Mr. Mayor, Councilman Cavener, Council, I -- I really honestly don't know what Planning's role was in this. Planning shouldn't be approving a Public Works access road. There may have been discussions over my head with management that I'm not aware of. But I personally was not involved in any approvals on this. Cavener: Thanks. Simison: Maybe, Mr. Nary, from your perspective and knowledge any -- any insight -- even moving forward in the future should we be obtaining permits from the county for installation of our -- our works and what goes on top? Nary: Mr. Mayor, Members of Council, I haven't -- I didn't speak to the county attorneys about that particular issue and Mr. Dolsby is on the call, too. I mean he may have some insight from Public Works. But I would agree with Becky, I have never heard of this before. I mean, again, it may land in the county, but this is private property, this is an access road, Page 52 Meridian City Council Item#2. January 26,2020 Page 33—43 it's not a public road, it's a limited use road and the property owner gave permission to install it. So, I don't know if Mr. Hewett did this road himself he has to go get a permit. I don't know what the county requires if you are going to pave a road on your property and whether they require that. So, how they got involved with it -- I understand they -- they chose to be involved with it, but I'm not certain what -- what the rationale is, because, again, it's not a public road. I mean they even had ACHD look at it to make sure, but, again, it's not a public road, it's a limited road, it's really, essentially, a driveway for manholes. So, I have never seen it either. McKay: Mr. Mayor, Councilman Cavener, Mr. Nary is correct. I -- I live on five --five acres in Ada county and I can build a gravel road in my pasture or I --we have a paved driveway that goes to our barn. No permitting is required under the Ada county code. None whatsoever. Because it's a -- it's a -- it's an improvement on private property. I'm -- Cavener: I get that. I guess Mr. Mayor? McKay: So, yeah, this -- this is a unique situation. Cavener: It is. Simison: Councilman Cavener. McKay: Very -- very strange. Cavener: I guess, Mr. Mayor, question, then, for Mr. Nary or for the planning staff is Ms. McKay has provided testimony that the city approved -- the Planning Department approved this -- this plan. So, I'm trying to, again, wrap my head around what plan the city approved and how we approved a plan that allowed for construction to occur on land that has not been annexed into the city. So, what was approved, who gave it, and what was the justification? Let me -- and I think that may be a question for another day. I think that is separate from this. But that, again, we all have -- it's not about casting blame on anyone, but I somewhat feel like at least this element of the trust that we have heard from -- from Rick and the homeowners association. If the city would have said, well, this isn't our call to make, you need to go to the county, this would have resolved 97 percent of what we have been talking about for the past four hours over the past two months. So, that's -- that's a piece that I would like to get to the bottom of, whether that's tonight or in the future, because I don't think it's fair to the residents, I don't think it's fair to the applicant and the Council that we are playing referee with the county on this. McKay: Yeah. Councilman Cavener, the -- the approved plans were part of my PowerPoint. They are signed and approved by Meridian Public Works. Nary: And, Mr. Mayor, I can answer part of what the staff is evaluating, because we do get engage with that occasionally, is they are -- they are -- they are approving location, not the owners -- not the owner -- you have to get ownership to access the property. They are just approving that the roadway meets the standards for the fire truck. That it Page 53 Meridian City Council Item#2. January 26,2020 Page——43 meets the standard for the vac truck, for Public Works, it meets those construction standards is what they are approving. So, if, for example, they trespassed to do this -- we didn't approve them to trespass on the property. That's on them. That's their responsibility. Again, we would have been unaware that the county decided that a permit was required, because generally permitting is not required in the county to construct a driveway and that's really all this is. But that's -- again, that's on the applicant. We are not consenting to them building in the county, we are saying this is what's needed to protect our-- our easement. Yes, you can build that. Again, you will get approval to build it and I think all Ms. McKay is saying is they were not aware, because the county normally doesn't require permits. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Becky, I have a question about prior to actually making the improvements were any of the neighbors contacted and given -- given notice? I know it might not have been officially required by any government entity, but I'm just wondering if there was a courtesy given to them. McKay: Mr. Mayor, Council Woman Perrault, to my knowledge I do not believe they were contacted. Perreault: Becky, can you speak up. McKay: Oh. Sorry. To my knowledge I do not believe that they were contacted. Johnson: Mr. Mayor. Becky, you won't be able to change the screen, because it's mine. Not that one. That one is logged out. So, if you would let me know what you need to bring up I can. McKay: Go to the construction plans. Right there. Those are the approved construction plans that you see here. And so we showed -- if you -- if you look you show the emergency access road coming out the back of Crantini Place -- oh, I don't have control over it. No wonder I -- so, you can see that -- that it was shown on the plan and, then, it was shown in the cut sheet next to the plan going up and, then, connecting to -- to the paved drive that goes between Spurwing -- Perreault: Becky, I can't hear you. I'm sorry. McKay: Oh, I'm sorry. It -- you can show that there was two -- there were two sheets. One -- one that showed it going up and connecting to -- to the paved access between Balata Court and Spurwing Greens and, then, the other cut sheet showed it coming out of Crantini Court. These plans were reviewed by Public Works. They were submitted with our final plat. I mean I thought we had covered all our bases. I had had conversations with Fire, Public Works, and Planning to discuss this -- this change in order to meet my Page 54 Meridian City Council Item#2. January 26,2020 Page 35 of 43 condition of approval for secondary access and had I known -- I mean, like I said, I -- I had no idea that such a firestorm would be started by this. All I want to do is solve the problem and -- and move on. Fourteen years is a long time on one project. Thank you. Simison: Just so we can maybe close this out just a little bit, Mr. Dolsby if you can unmute yourself. To your knowledge do you -- does the city traditionally need permits from the county when we install our infrastructure? How does that work? What does that relationship look like? Dolsby: Mr. Mayor, Members of the Council, I think Mr. Nary put it very well when he said we don't need permits typically to put the sewer out in the county. Subdivisions routinely construct offsite sewer improvements to serve their subdivisions and I'm not aware of any permits you get from the county to do such. We require easements, as has been stated several times during the hearing, to construct the sewer. We also need access, especially to manholes. Prefer a gravel access road over the whole thing, but we have negotiated access as is shown here. So, we can at least get to our manholes with the vac trucks. But I have not-- I'm not aware of any permits that we have had to acquire from the county to do any of these activities in the past. Simison: Thank you. Borton: Mr. Mayor? Simison: Mr. Borton. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: It may be a question for Clint or Bill as we wrap this up. If, in fact, the --the sewer easement and the maintenance road rights that come with a sewer easement are of sufficient scope to also include a roadway that would serve as an emergency access and the easement rights themselves confer both the ability to construct both, it sounds like that's what the applicant believes is true and if that's the case why are we needing to annex this property at all? Why wouldn't the applicant just merely proceed with what they believe to be their existing easement rights and continue to construct what they believe they have an existing right to do and utilize this -- this access road as an emergency access. It feels as though -- even though it might not be the intent -- that there is -- there is blame that's being placed upon the city as though this is somehow our fault that we lead them down this path and it's probably not the intent, but it's sure what it feels like and that's why I think we are all struggling with this. But if, in fact, the applicant thinks that they can utilize this for emergency access and the county is, therefore, wrong to deny it or interfere with it and go prevail in court and continue to build what you think you can already build, then, you don't need to annex it. You only need to annex it if you need a right that you don't already have. So, this got me sideways and now I'm confused with what appears to be some cross-positions. Page 55 Meridian City Council Item#2. January 26,2020 Page 36 of 43 Nary: So, Mr. Mayor, Members of the Council, my recollection is is that emergency access that came off of Chinden was a service road that existed at the time. It was actually the link to Olive Tree to the city. It was the only connecting point to the City of Meridian at that point in time was that road. So, that was the basis of the annexation. So, Ms. McKay is correct, I mean they have that right to have an emergency access. I think, Mr. Borton, your question is what the basis of the lawsuit that's pending is about, because, again, I'm not certain what the county's interest is here and whether or not they actually have the right they are claiming they have. Obviously, there is a difference of opinion that's ongoing about that. Again, they don't normally require permitting. This is not a public roadway. It is just essentially a driveway for emergency access and some utility access. I don't disagree with you that they could prevail and that this is a -- this is a way to avoid that issue if the city so chooses to do that. It does provide some city needs and that's kind of the reason I think why the staff and Public Works were supportive of the application, because, again, it erases the concern we have of access to both the utilities and emergencies. It does -- there is no question any longer with that. If -- if say to play out your scenario that it goes to a lawsuit, it prevails that the county does have the right to do that and prohibit the access there and there is issues about how the access could be used, maybe there is some ability to get there for utilities, maybe not the same level for emergencies, we may have this issue again in the future. So, I think the intent here is to simply get this resolved now, get these accesses cleaned up, cleared up, there is no question where they -- what they are used for and I think the concessions are the reason Public Works and Planning were supportive, because the limitations that are being placed on it with the gates, so that it's clear no one else is going to use this. It won't be abused as it was on the Balata Court issue with Spurwing West -- or Spurwing Greens and so I think that's really the answer. So, you are not wrong. I mean if we deny this that lawsuit will have to play itself out and they will have to figure out whether or not they have that right. So, that really is a question for another day, but -- but you are not -- not incorrect in that analysis, that there is another option, but I think the staff would like to not have this sort of in limbo and that's the reason they were supportive of the request. Borton: Okay. Mr. Mayor? Simison: Councilman Borton. Borton: To kind of close out that thought and -- and -- and maybe this -- this application discussion. So, I go down that path, I didn't contemplate that our sewer easement and the maintenance road rights that go along with it also would be of such a degree that it could be utilized as an emergency access. I thought that that would be a larger, more intense use in scope, that a mere maintenance road access wouldn't contemplate and that is what necessitated this application, which that may be the case. Maybe it's not now, but -- but that's what I believed to be true, which, then, makes sense why they need to annex to get this additional right to construct something that couldn't otherwise construct. So, if they go to the county -- if they have that fight with the county and they win with an existing right to -- to build the access road with -- as part of this easement, then, it gets built and if they lose, then, they come back to the city and do what we are doing now, request to annex to gain the right they didn't have to build an access road. Page 56 Meridian City Council Item#2. January 26,2020 Page— —43 So, we are back here either way addressing a road getting built as an emergency access. So, the choices today are this emergency access is going to be constructed or you are going to require the remaining homes to be sprinkled. Hoaglun: And Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Yes. And Joe framed it -- or Councilman Borton framed it very well, but -- and I have issue with, okay, we require the remaining homes be sprinkled, that leaves nearly 30 homes without sprinklers and adequate emergency access, which we -- we require for our community and -- and that's where the rub is for me on not providing that access. So, it's --you know, one of those things that, you know, Chief-- Deputy Chief Bongiorno talked about, you know, the sprinklers buy time and that sort of thing, but what about the ones -- what if it's not that house with the sprinkler that catches fire. There is no time to be bought. So, other -- other options have been brought forward. The access coming off Ten Mile that no longer exists. Mr. Wagner refused. And that is certainly within his right to do so. So, that is -- that is not a possibility. We have a utility and Suez has a utility that we require certain standards to be met for how that's covered, how it can be accessed, how a large truck can go over the top and it's -- to me there might be a little difference in weight, but I bet you there -- a fire truck or an engine would be close to what the sewer truck is, so making sure that is adequate to have that emergency access is a small leap to say, hey, you bump up the standards with another half inch and we are fine running a fire truck on it. So, it's -- I -- I do agree with Mr. Borton, too, that we may have been presented a problem that isn't our problem and now we are called upon to solve it, but as Councilman Borton points out, once again, that either way it's going to come back to the Council for resolution. So, I'm in favor of taking action tonight and moving forward. We can do analysis on -- on the issues and permits and our processes to determine how we do this in the future to see if there is going to be issues or if we need to change some things or have conversations with the county, but -- but I'm for making sure we can move ahead, protect our assets and provide access and meet the standards that we require in our community. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: If I'm remembering correctly, last -- on the 15th of December when we had this discussion last, I believe that's -- I don't remember if it was someone from Planning or if it was someone from Public Works, they said that ultimately they could -- because of the easement they -- maybe it was Public Works. I think it was maybe Warren that said this. Yeah. It was a Warren said that they -- they could have -- they don't need, you know, that -- what is being requested from the applicant to, you know, hypothetically fix potential problems with our assets and our utilities that are within that easement. Cavener: Mr. Mayor? Page 57 Meridian City Council Item#2. January 26,2020 Page——43 Simison: Councilman Cavener. Cavener: That's correct. Warren testified that they are able to serve our current sewer needs as is. So, whether there was an action taken last week or tonight, they are in a position that they can serve the sewer, because I think the vast majority of our conversation last month really gravitated towards the emergency access piece, because at least the bulk of us felt satisfied the sewer access question had been addressed for what it's worth. You are correct, Council Member Bernt. Simison: Yeah. We are ultimately discussing a secondary emergency access that we hope will never have to be used ever. Ever. Because it would take something happening pretty dire at that exact intersection all by a need other places. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: I was -- I was there last time and I'm still there. I agree with -- with Councilman Hoaglun. As we wrap this up I think all things considered this application is appropriate to go forward providing the secondary access is required. I don't think we can act otherwise in light of that public safety need. Hopefully it's never needed. Never used. But I just don't -- I see that as a -- this is a more viable solution than the sprinkler solution that is behind the curve. So, I agree with Councilman Hoaglun to proceed. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: I agree with my -- with my fellow Council Members and I would -- I would just like to add to the applicant directly that it sounds like that -- that -- that they have made a commitment to do all they can to make sure that that isn't being used for -- for a purpose other than what it's intended. So, I would request that the -- it sounds like that there are not -- that individuals are not permitted to use the course or any -- any area around the course to be walking, riding bicycles and whatnot, but it doesn't sound like that's really appropriately being enforced. So, I would -- I would just like to encourage the applicant to do all they can to -- you know, signs are great and gates are great, but they are not -- they are not gating the entire length of this -- of this easement, it's just at the -- at both entrances and so it's really not cutting back on pedestrian traffic truly. So, I just would really like to encourage the owner and lessee of that property of the course to -- to do all they can to prohibit trespassing in that location. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Question maybe for Council Member Perreault. Do you have any other Page 58 Meridian City Council Item#2. January 26,2020 Page 39 of 43 recommendations, aside from gates and signage, that you would like to see included? Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Okay. Councilman Cavener, I'm under the assumption that the course has some sort of policy or process, both maybe, that they take to prevent, quote, unquote, trespassing or individuals on the course that are not golfing, because that's -- that's something that was mentioned that already exists. So, I would just expect them to -- to continue to enforce it. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I think Councilman Hoaglun has summed it up well. I think that the danger to the future homeowners and the ones that wouldn't be sprinkled outweighs the concerns that the neighbors may have adjacent to this road, which I believe will not be horrible. It will be smaller than depicted in the horrible picture of the giant dirt road, but I like the idea of specifying that DA provision that it's for emergency access only, if nothing else than to give the neighbors at Balata Court comfort that, you know, the city is going to step up on their behalf if any of this doesn't happen and that we are going to ensure that it's only for emergencies and for accessing our utilities and maintenance and Suez. Hoaglun: So, Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I would move that we close the public hearing on H-2020-0087. Cavener: Second. Simison: I have a motion and a second to close the public hearing. Is there any discussion on the motion? If not, all in favor signify by saying aye. Opposed nay. The ayes have it. MOTION CARRIED: ALLAYES. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: After considering all staff, applicant, and public testimony, I move that we approve file H-2020-0087 as presented in the staff report for the hearing date of January 26th, 2021, and to make sure conditions are in the DA that point to -- that two gates be Page 59 Meridian City Council Item#2. January 26,2020 Page 40—43 installed, one at each end of the emergency access, that there would be signage prohibiting access of appropriate language and that language also be included that shows this as emergency access only and for maintenance by public water and -- Public Works and water services at this site. Cavener: Second. Simison: I have a motion and a second. Is there any discussion on the motion? If not, Clerk will call the roll. Roll call: Bernt, yea; Borton, yea; Cavener, yea; Hoaglun, yea; Strader, yea; Perreault, yea. Simison: All ayes. Motion carries and the item is agreed to. MOTION CARRIED: ALLAYES. ORDINANCES [Action Item] 5. Ordinance No. 21-1913: An Ordinance (H-2020-0092 Goddard Creek Community) for Rezone of a Parcel of Land being Lot 2, Block 1 of Goddard Creek Subdivision as Filed in Book 114 of Plats at Pages 17060 through 17062 and a Portion of the SE '/4 of the SW '/4 of Section 26, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho; Establishing and Determining the Land Use Zoning Classification of 5.03 Acres of Land from R-4 (Medium Low Residential) Zoning District to R-15 (Medium High Residential) 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 Simison: Thank you very much for all -- everyone's work on this and, Mr. Nary, if you can put this on your to do to follow up with the county appropriately on any steps that we may need to address in the future if we are not taking the right ones. With that we will move on to Item 5, Ordinances, and ask the clerk to read Ordinance No. 20-1913 by title. Johnson: Thank you, Mr. Mayor. This is an ordinance related to H-2020-0092, Goddard Creek Community, for rezone of a parcel of land being Lot 2, Block 1 of Goddard Creek Subdivision as filed in Book 114 of Plats at pages 17060 through 17062 and a portion of the SE 1/4 of the SW '/4 of Section 26, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho; establishing and determining the land use zoning classification of 5.03 acres of land from R-4 (Medium Low Residential) Zoning District to R-15 (Medium High Residential) Zoning District in the Meridian City Code; providing that copies of this Page 60 Meridian City Council Item#2. January 26,2020 Page 41 of 43 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. Simison: You have heard this ordinance read by title. Is there anybody that would like it read it in its entirety? If not, do I have a motion? Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: I move that we approve Ordinance no. 21-1913 with the suspension of rules. Cavener: Second the motion. Simison: I have a motion and a second to approve the item under suspension of the rules. Is there any discussion on the motion? If not, all those in favor signify by saying aye. Opposed nay. The ayes have it and the ordinance is agree to. MOTION CARRIED: ALLAYES. 6. Ordinance No. 21-1914: An Ordinance (H-2020-0097 — 2810 E. Franklin) for Annexation of a Parcel of Land Situated in a Portion of the Southeast '/4 of Section 8, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, as Described in Attachment "A" and Annexing Certain Lands and Territory, Situated in Ada County, Idaho, and Adjacent and Contiguous to the Corporate Limits of the City of Meridian as Requested by the City of Meridian; Establishing and Determining the Land Use Zoning Classification of 1.006 acres of Land from RUT to C-G (General Retail and Service Commercial) 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 Simison: Next item is Item 6, Ordinance No. 20-1914. Asked the Clerk to read this ordinance by title. Johnson: Thank you, Mr. Mayor. It's an ordinance related H-2020-0097, 2810 East Franklin, for annexation of a parcel of land -- parcel of land situated in a portion of the Southeast '/4 of Section 8, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, as described in Attachment "A" and annexing certain lands and territory, situated in Ada county, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian as requested by the City of Meridian; establishing and determining the land use Page 61 Meridian City Council Item#2. January 26,2020 Page 42—43 zoning classification of 1 .006 acres of land from RUT to C-G (General Retail and Service Commercial) 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. Simison: Council, you have heard this item read by title. Is there anyone that would like to read it in its entirety? Hearing none, do I have a motion? Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: I move that we approve Ordinance No. 21-1914 with the suspension of rules. Cavener: Second the motion. Simison: I have a motion and a second. Is there any discussion on the motion? If not, all those in favor signify by saying aye. Opposed nay. The ayes have it and the item is agreed to. MOTION CARRIED: ALLAYES. FUTURE MEETING TOPICS Simison: Do we have anything under future meeting topics? EXECUTIVE SESSION 7. Per Idaho Code 74-206A(1)(a) To deliberate on a labor contract offer or to formulate a counteroffer. Simison: If not we are at Item 7. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I should -- we should have removed this from the -- the agenda earlier. I believe that we don't -- we have taken care of this business in our -- this -- we don't need to go into Executive Session. So, I move that we strike Item No. 7 from the agenda. Cavener: Second. Simison: I have a motion and a second to strike Item 7 from the agenda. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay. The ayes have it. Page 62 Meridian City Council Item#2. January 26,2020 Page 43—43 MOTION CARRIED: ALLAYES. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I move that we adjourn the meeting this evening. Cavener: Second. Simison: Motion and second to adjourn. All in favor signify by saying aye. Opposed nay? And we are adjourned. MOTION CARRIED: ALLAYES. MEETING ADJOURNED AT 8:41 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 2 / 9 2021 MAYOR ROBERT E. SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK Page 63 Future Meeting Topics — Public Forum Signing up prior to the start of the meeting is required. This time is reserved for the public to address their elected officials regarding matters of general interest or concern of public matters and is not specific to an active Land Use/Development Application. By Law, no decisions can be made on topics presented under this public comment section, other than the City Council may request that a topic be added to a future meeting agenda for more detailed discussion or action. The Mayor may also direct staff to further assist you in resolving the matter following the meeting. CITY OF MERIDIAN CITY COUNCIL PUBLIC FORUM SIGN-IN SHEET Date: January 26, 2021 Prior to the commencement of the meeting a person wishing to address the Mayor and City Council MUST sign in and limit their comments to the matter described below. Complaints a about individuals, city staff, business or private matters will not be allowed. Testimony or comment on an active application or proposal that is or will be pending before Planning and Zoning or City Council is strictly prohibited by Idaho law. Each speaker will have up to three (3) minutes to address the Mayor and Council, but the chair may stop the speaker if the matter does appear to violate guidelines, varies from the topic identified on this sign in sheet or other provisions of law or policy. Print Name Provide Description of Discussion Topic 7/tem 77 (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Resolution No. 21-2253: A Resolution of the Mayor and the City Council of the City of Meridian Appointing Zachary Shoemaker to Seat 3 of the Meridian Transportation Commission; and Providing an Effective Date Page 4 CITY OF MERIDIAN RESOLUTION NO. 21-2253 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, HOAGLUN, PERREAULT, STRADER A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, APPOINTING ZACHERY SHOEMAKER TO SEAT 3 OF THE MERIDIAN TRANSPORTATION COMMISSION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Meridian City Code 2-1-1 establishes the Meridian Transportation Commission, its members and terms of their appointments; and WHEREAS, Seat 3 of the Meridian Transportation Commission is currently vacant; and WHEREAS, the City Council of the City of Meridian deems the appointment of Zachery Shoemaker to Seat 3 of the Meridian Transportation Commission to be in the best interest of the Meridian Transportation Commission and of the City of Meridian; NOW THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That pursuant to Meridian City Code § 2-1-1,Zachery Shoemaker is hereby appointed to Seat 3 of the Meridian Transportation Commission, for a term to expire May 31, 2023. Section 2. 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,this26th day of January, 2021. APPROVED by the Mayor of the City of Meridian, Idaho, this 26th day of January, 2021. APPROVED: Mayor Robert E. Simison ATTEST: By: Chris Johnson, City Clerk RESOLUTION FOR APPOINTMENT OF ZACHERY SHOEMAKER—MERIDIAN TRANSPORTATION COMMISSION Page 5 Item#1. Application for City Appointed Commissions Submit Date: Dec 07, 2020 Profile RECEIVED Zachary Shoemaker EC 2�� First Name Last Name CITY OF MERIDIAN zachshoemaker@alturas.com MAYOR'S OFFICE Email Address 3655 West Vanderbilt Drive Home Address Meridian ID 83646 Gty State Postal Code Production Manager Occupation Which Boards would you like to apply for? Transportation Commission: Submitted Question applies to multiple boards Please select all of the following as applicable W I have professional training or experience in the disciplines of architecture, history, architectural history, urban planning, archaeology, engineering, law or other historic preservation related disciplines • I have resided in the City of Meridian for two years or greater • I own a business located in Meridian, or am employed by a business that is owned by a Meridian resident R I am currently employed in the areas of banking, finance, development, or related field Residency Are you a resident of the City of Meridian? r• Yes r No If not, do you live in Meridian's area of impact? W NIA (Meridian Resident) Please list any local service clubs or other organizations in which you participate. Meridian Youth Softball What areas of city government are of most interest to you? Planning,transportation, public policy, Have you participated in any level of volunteer government service in the past? r• Yes r No Page 6 Zachary Shoemaker Page Item#1. If yes, please list. Intern for US Senator Larry Craig Please Agree with the Following Statement I understand the following. Members of these groups serve on a voluntary basis and receive no financial compensation. Participation requires a significant time commitment (approximately 10-15 hours per month). Some groups have a limited number of members; in these instances a vacancy must exist in order for a new applicant to be considered. After all applications have been received and reviewed,the Mayor makes an appointment which must be confirmed by the Meridian City Council. 17 1 Agree Demographics Interests & Experiences Letter of Interest ___._...__..�.�.. _ Why are you interested in serving on a board or commission? You may also submit a letter of interest. Leber of interest submitted. For reference, please reach out to City Council President-Treg Bernt. Thanks! ---------------------------- Upload Upload a Resume Zachary Shoemaker Page pop Item#1. zS ZACH SHOEMAKER zachshoemaker@alturas.com 1 f 208) 390-6450 1 Meridian, ID. 83646 PROFESSIONAL A building professional looking to get involved in Meridian city. I have built SUMMARY homes in Meridian for over eight years. I work in Meridian. I live in Meridian. My children go to school in Meridian. I am looking to use my experience in construction and my educational background in Public Administration to continue to help the city of Meridian manage the stress of growth intelligently. I want to give back to the community that I call home. SKILLS • Critical thinking • Leadership • Problem solving • Mediation • Active listener • Detail-oriented • Data research and analysis • Strategic planning WORK HISTORY Production Manager I Alturas Homes - Eagle, Idaho 01/2013- CURRENT • Master problem solver. • Responsible for all construction projects at Alturas Homes. • Grew production team which built three homes in 2012 and will build 141 homes in 2020. 70 of those homes built in 2020 will be in Meridian. • Responsible for master schedules and project budgets. Senior Research Analyst I Idaho Department Of Health And Welfare - Boise, Idaho 04/201 1 -01/2013 • Performed statistical research on Idaho Vital Statistics (birth, death, marriage, and abortion data). • Provided annual vital statistic reports to State of Idaho. • Produced fact sheets for various governmental and non- governmental agencies. • Point of contact for any individual or agency requesting vital statistic data found on birth certificates in State of Idaho. EDUCATION Boise State University, Boise, ID 05/2011 Master of Science: Public Administration State and local government public policy and survey data research emphasis. Brigham Young University - Idaho, Rexburg, ID 04/2006 Bachelor of Science: Political Science Page 8 Item#1. Greetings, My name is Zach Shoemaker. I have lived in the city of Meridian since 2008.As a resident, I have watched the growth of this city.As a builder, I have contributed to its growth. I am looking for an opportunity to serve in the community in which I live and work in.The purest and most simple reason for my desire to participate in local government is my interest in policy in administration. I earned an undergraduate degree in political science. As a student of politics, I grew an appreciation for the political system which governs us. In particular, local government. I continued my education at Boise State and earned a master's degree in public administration.This grew my interest and desire to learn and understand the policy and administrative side of government, politics aside. Now that I have a little extra time, I feel like it is a personal responsibility of mine to give back to the city that I have grown to call home.There is no political motive here. It is simply my desire to help craft good public policy. Policy which helps elected officials make the best decisions possible. Policy that will help Meridian to continue to grow as a desirable city to live and work in. In discussing this desire with my frien, councilman Treg Bernt, he recommended that I apply for a position on the transportation board. I feel that I am uniquely positioned and qualified for this seat because of my background of residential building in Meridian, living in Meridian during this growth spell, and because of my educational background in public administration. I have a unique ability to solve complex problems, communicate efficiently, and make difficult decisions based on data,factual evidence, and general input from experts and others. look forward to an opportunity to discuss this further. Thanks Page 9 7/tem 77 (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Resolution No. 21-2254: A Resolution of the Mayor and the City Council of the City of Meridian Reappointing Steven Yearsley to Seat 4 of the Meridian Planning And Zoning Commission through April 30, 2021 and Appointing Nathan Wheeler to Seat 4 of the Meridian Planning and Zoning Commission with an Effective Date of May 1, 2021 and Appointing Maria Lorcher to Seat 2 of the Meridian Planning and Zoning Commission; and Providing an Effective Date Page 10 Item#2. CITY OF MERIDIAN RESOLUTION NO. 21-2254 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, HOAGLUN, PERREAULT, STRADER A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, REAPPOINTING STEVEN YEARSLEY TO SEAT 4 OF THE MERIDIAN PLANNING AND ZONING COMMISSION THROUGH APRIL 30, 2021 AND APPOINTING NATHAN WHEELER TO SEAT 4 OF THE MERIDIAN PLANNING AND ZONING COMMISSION WITH AN EFFECTIVE DATE OF MAY 19 2021 AND APPOINTING MARIA LORCHER TO SEAT 2 OF THE MERIDIAN PLANNING & ZONING COMMISSION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Steven Yearsley currently holds Seat 4 of the Meridian Planning and Zoning Commission and Seat 2 of the Meridian Planning and Zoning Commission is currently vacant; and WHEREAS,the City Council of the City of Meridian deems the reappointment of Steven Yearsley to Seat 4 of the Planning & Zoning Commission through April 30, 2021 and the appointment of Nathan Wheeler to Seat 4 of the Planning & Zoning Commission effective May 1, 2021 to be in the best interest of the Meridian Planning and Zoning Commission and of the City of Meridian. WHEREAS,the City Council of the City of Meridian deems the appointment of Maria Lorcher to Seat 2 of the Planning&Zoning Commission to be in the best interest of the Meridian Planning and Zoning Commission and of the City of Meridian. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY,IDAHO: Section 1. That pursuant to Meridian City Code § 2-1-1, Steven Yearsley is hereby reappointed to Seat 4 of the Meridian Planning and Zoning Commission, with a term to expire April 30, 2021. Section 2. That pursuant to Meridian City Code § 2-1-1, Nathan Wheeler is hereby appointed to Seat 4 of the Meridian Planning and Zoning Commission, effective May 1, 2021 with a term to expire January 31, 2024. Section 3. That pursuant to Meridian City Code § 2-1-1,Maria Lorcher is hereby appointed to Seat 2 of the Meridian Planning and Zoning Commission with a term to expire January 31, 2024. Section 4. That this Resolution shall be in full force and effect immediately upon passage. ADOPTED by the City Council of the City of Meridian, Idaho, this 26th day of January, 2021. APPROVED by the Mayor of the City of Meridian, Idaho, this 26th day of January, 2021. APPROVED: ATTEST: Mayor Robert E. Simison Chris Johnson, City Clerk MERIDIAN PLANNING&ZONING COMMISSION APPOINTMENTS—YEARSLEY,WHEELER AND LORCHER Page 11 Item#2. ation for City Appointed Commissions Submit Date: Nov 30, 2020 Profile RECEIVED Steven Yearsley NOV 3 0 2020 First Name Last Name CITY OF MERIDIAN syearsley@forsgren.com MAYOR'S OFFICE Email Address 2961 E Lucca Home Address Meridian ID 83642 City State Postal Code Home: (208) 887-9411 Home: (208) 859-7153 Primary Phone Alternate Phone Civil Engineer Occupation Which Boards would you like to apply for? Parks and Recreation Commission: Submitted Planning and Zoning Commission: Submitted Question applies to multiple boards Please select all of the following as applicable W I am currently employed in the areas of banking, finance, development, or related field Residency Are you a resident of the City of Meridian? r. Yes r No If not, do you live in Meridian's area of impact? W NIA(Meridian Resident) Please list any local service clubs or other organizations in which you participate. Tuscany Home Owners Association What areas of city government are of most interest to you? Planning and Zoning/City Council Have you participated in any level of volunteer government service in the past? rr Yes r No Steven Yearsley Pag Page 12 Item#2. If yes, please list. PRC, PZC,TC Please Agree with the Following Statement 1 understand the following: Members of these groups serve on a voluntary basis and receive no financial compensation. Participation requires a significant time commitment (approximately 10-15 hours per month). Some groups have a limited number of members; in these instances a vacancy must exist in order for a new applicant to be considered. After all applications have been received and reviewed,the Mayor makes an appointment which must be confirmed by the Meridian City Council. W I Agree Demographics Interests & Experiences Letter of tnlerest Why are you interested in serving on a board or commission? You may also submit a letter of interest. I am interested in how the City development is proceeding and would like some input. Upload a Reserve Page 13 Steven Yearsley Pag Item#2. See application. SY via CJ 2020-09-09 Page 14 xx Item#2. ation for City Appointed Commissions Submit Date: Dec 02, 2020 Profile RECEIVED Nathan B Wheeler DEC 0 2 2020 Firsi Name Middle inilial Last Name CITY OF MERIDIAN MAYOR'S OFFICE nate@natewheeler.com Email Address 2989 E LOON CREEK ST Home Address MERIDIAN ID 83642 City stale Postal Code Mobile: (208) 888-6283 Business: (208)938-6000 Primary Phone Alternate Phone Business Development Manager Occupation Which Boards would you like to apply for? Planning and Zoning Commission: Submitted Question applies to multiple boards Please select all of the following as applicable 17 1 have resided in the City of Meridian for two years or greater 17 1 own a business located in Meridian, or am employed by a business that is owned by a Meridian resident 17 1 am currently employed in the areas of banking, finance, development, or related field Residency Are you a resident of the City of Meridian? r• Yes r No If not, do you live in Meridian's area of impact? R N/A (Meridian Resident) Please list any local service clubs or other organizations in which you participate. Lions Club, Army Reserve What areas of city government are of most interest to you? Planning &Zoning; Urban Renewal Page 15 Nathan B Wheeler Pag Item#2. Have you participated in any level of volunteer government service in the past? r Yes t No If yes, please list. ED Focus Group in 2018 with Cameron Anal Please Agree with the Following Statement I understand the following: Members of these groups serve on a voluntary basis and receive no financial compensation. Participation requires a significant time commitment (approximately 10-15 hours per month). Some groups have a limited number of members; in these instances a vacancy must exist in order for a new applicant to be considered.After all applications have been received and reviewed,the Mayor makes an appointment which must be confirmed by the Meridian City Council. R I Agree Demographics Interests & Experiences Leiter of€merest Why are you interested in serving on a board or commission? You may also submit a letter of interest. I have lived in SE Meridian since 2006. Before that, My childhood home is in SW Boise,about 2 miles away from where I currently live. I have seen SW Boise&SE Meridian grow since 1986. 1 worked in real estate (commercial, residential and corporate) and construction since 2006. 1 worked with my mother at Sutherland Farm since she was the Subdivision manager and on the ACC Board. I would like to help our city develop in a logical, strategic and beneficial way to help both developers, businesses and residents enjoy this city as much as I do. Upload a Resume Page 16 Nathan B Wheeler Pag Item#2. Letter of Interest—Nate Wheeler I have lived in Idaho since 1980. In 1986 my parents moved to SW Boise near Cloverdale and Victory.This is where I grew up from Middle School, High School,and college. Since 2006, 1 have lived in SE Meridian near Eagle and Victory, less than 2 miles from my childhood home. I have seen 5W Boise&SE Meridian grow since 1986. 1 remember when a lot of this area was county 2-lane roads,farms,and ranches. Ever since 2006, I've worked in real estate (commercial,residential and corporate)and construction. My mother, Darlene,was the subdivision manager and on the ACC Board at Sutherland Farm on Eagle Rd. between Victory and Overland. I helped her in the subdivision. My 3 children have gone through or currently enrolled in the West Ada School District. As you can see,a lot of my life has been spent near the SE Meridian/SW Boise seam. I am deeply interested and connected to this area. I have a vested interest in seeing this area of Meridian and the rest of our city develop strategically& beautifully.We have a unique opportunity in that a lot of open our city has undeveloped flat land. We need smart planning to help our developers, contractors,citizens and visitors enjoy our city as it grows. I would welcome an opportunity to be Planning and Zoning Commissioner and have a bigger input on how our city grows, develops and attracts business,citizens, and visitors to my beloved city. Looking forward to talking with you about this opportunity. Nate Wheeler 208-888-6283 nate@natewheeler.com Page 17 Item#2. Nathan B. Wheeler 2989 E Loon Creek St., Meridian,ID 83642-9145 Cell:208.888.6283 • email: nate@NateWheeler.com Current: Wright Brothers, The Building Company, Business Dev. Mgr., Eagle, ID (7/8/2019 - Present) • Develop relationships with industry professionals to generate new business opportunities. • Research and analyze key economic factors that influence market activity within specific niche markets or geographic areas. • Attend trade shows and other associations' meetings to stay abreast of market conditions, competition, and establish relationships with existing clients and prospects. • Provide ongoing progress updates on new business development activities and other key indicators to project managers and owners team. • Coordinate and manage the sales/proposal process with marketing, estimator, project manager, and senior management team. Previous: Petra, Inc. (General Contractor), Business Dev., Meridian, ID (11/1/2016 - 6/24/2019) Experience: • Traveled with senior leadership targeting construction opportunities in out-of-state markets. • Developed relationships with regional and local developers, real estate brokers, architects and engineers. • Worked with project managers and project engineers to coordinate an approach for customer retention and project procurement. • Meet with architects, engineers, land planners, owners, developers and other construction trades to procure projects. Real Estate (from 2006 - 2016): Companies: • Albertsons; Tenant Admin for Real Estate Leasing; Boise, ID • American Homes 4 Rent; District Manager; Salt Lake City, UT • Borah Realty, Broker-Owner; Meridian, ID • Coldwell Banker, Tomlinson Group;Associate Broker; Boise, ID Experience: • Worked with municipalities through the entitlement processes (application meetings, zoning, variances, water rights, etc.). • Conducted acquisitions and site selection for developers for residential and commercial sites. • Worked with municipalities on rezoning, lot splits, CUPS and other complex real estate activities. • Worked on acquisitions for multiple developers in multiple states. • Negotiated LOIs and purchase and sale agreements. • Worked with investors to purchase commercial and multifamily properties through 1031 exchanges. • Worked with multiple departments (legal, marketing and portfolio managers) to get real estate deals approved. [ of 2 Page 18 Item#2. Education: • MBA, Finance, 2012-Current Northwest Nazarene University— Nampa, ID • Masters of Divinity in Old Testament, 2000 Cincinnati Christian Seminary— Cincinnati, OH Graduate Assistant for I %years. • Bachelor of Arts in Biblical Studies, 1997 Boise Bible College— Boise, ID • High School Diploma, 1992 Nampa Christian High School — Nampa, ID Mentionables: • Currently serving as a Chaplain (1 LT) in the Army Reserves • Active Idaho Real Estate Brokers license (#DB34612) • Recipient of the 2012 Coldwell Banker $10,000 Scholarship to Realtor University, 2012 • Volunteered for 2 consecutive terms as Area Governor for Toastmasters 15A3, 2009-2011 • Volunteered as the Honorary Commander of the 366th Comptroller Squadron, Oct 2010-Oct 2012 References: • Joe Borton, Real Estate Attorney and Meridian City Councilmember, (208) 908-4415, joe@borton-lakey.com • Josh Evarts, Developer and Owner of The Vault, (208) 631-9229,joshevarts@me.com • Michael J. Ballantyne, Managing Partner of TOK, (208) 378-4600, mjb@tokcommercial.com • David Wali, Executive VP at Gardner Development Companies, (208) 246-8909, david@gardnercompany.net • George Meerdo, VP of Design & Construction at Albertson's, (407) 466-6219, george.meerdo@albertsons.com 2 of 2 Page 19 Item#2. Application for City Appointed Commissions Submit Date: Dec 09, 2020 Profile RECEIVED Maria F Lorcher First Name Middle Initial Last Name DEC 0 9 2020 CITY OF MERIDIAN mfsjohnson@msn.com MAYOR'S OFFICE Email Address 4612 W Crowley Drive Home Address Meridian ID 83646 oily State Postal Code Business Partner with Northwest Auto Transport Occupation Which Boards would you like to apply for? Planning and Zoning Commission:Submitted Question applies to multiple boards Please select all of the following as applicable R I have resided in the City of Meridian for two years or greater R I own a business located in Meridian, or am employed by a business that is owned by a Meridian resident Residency Are you a resident of the City of Meridian? r• Yes r No If not, do you live in Meridian's area of impact? p NIA(Meridian Resident) Please list any local service clubs or other organizations in which you participate. Currently, None What areas of city government are of most interest to you? City Planning & Historic Preservation Have you participated in any level of volunteer government service in the past? r Yes r No Page 20 Maria F Lorcher Pag Item#2. If yes, please list. Executive Legislative Officer for Idaho PTA Please Agree with the Following Statement understand the following: Members of these groups serve on a voluntary basis and receive no financial compensation. Participation requires a significant time commitment (approximately 10-15 hours per month). Some groups have a limited number of members, in these instances a vacancy must exist in order for a new applicant to be considered.After all applications have been received and reviewed,the Mayor makes an appointment which must be confirmed by the Meridian City Council. W I Agree Demographics Interests & Experiences Letter of Interest Why are you interested in serving on a board or commission? You may also submit a letter of interest. See letter of interest enclosed. I am a long term resident of Meridian,very loyal to our city and smart growth and feel my business,civic and personal experience can be a benefit to the planning and zoning committee for the City of Meridian. Upload a Resume Page 21 Maria F Loreher Page o Item#2. Maria Lorcher 4612 W Crowley Drive email: mfsoohnson@msn.com Meridian ID 83646 Phone: 208-859-2931 Linkedln: https://www.linkedin.com/in/maria-lorcher-1 6003510 Experience Northwest Auto Transport, Meridian, Idaho Safety Manager & Partner Dates Employed: Jun 2008-Present Employment Duration: 12+ years As safety Manager, I manage all federal & state mandates. As a partner in a small, family owned company, I am 1 of 2 staff responsible for booking & dispatching auto transport trucks. Northwest Auto Transport has been in Meridian since 2003 & we transport auto freight in ID, WA, OR, CA, NV & AZ. Idaho PTA Vice President of Legislation Dates Volunteered: Jul 2015-Jun 2019 Volunteer Duration: 4 years Create awareness of National & State of Idaho PTA on a state level, advocate efforts to our membership & the public; improve the skills of PTA members as advocates for children, & help local, state & federal decision makers aware of PTA positions on legislative issues in regard to children & education. Responsible for meeting with the Idaho House & Senate Education committees as well as meeting with our Idaho Representatives in Washington DC on an annual basis. Abyss Towing & Recovery, Boise ID Owner Dates Employed: Mar 2011-March 2019 Employment Duration: 8 years Abyss Towing is a tow truck company with 5 light & medium duty tow trucks which specialize in towing & recovery in southwest Idaho. 24 hour road side service for cars, light trucks, SUV's, some 5th Wheels, & Motorcycles. Page 22 Item#2. Idaho PTA Region 8 Director Dates Volunteered: 2013 — Jun 2015 Volunteer Duration: 2 year Consult with area schools in the West Ada & Kuna School Districts which support the Idaho PTA & National PTA in their schools. Retired Dates Retired: May 2007-March 2011 Retirement Duration: 5 years Focus on raising 2 daughters & retain PTA volunteer leadership positions at Chaparral Elementary in Meridian Idaho and Meridian Middle Young's Market Company, Tustin, CA Idaho State Wine Manager based in Meridian Idaho Dates Employed: Apr 2001 — May 2007 Employment Duration: 6 years Manage and sell a portfolio of 100+ wines from Young's Market within the distributor system in the State of Idaho. Manage and sell a portfolio of 50+ RTD (Ready To Drink) cocktails within the distributor system in the State of Idaho E&J Gallo Winery, Modesto CA Field Marketing Manager based in Meridian Idaho Dates Employed: Jan 1996 — Mar 2000 Employment Duration: 4 years Sell & manage Gallo wines for the restaurant and fine wine store wine division in the states of ID, MT, UT, WY & eastern WA. Idaho & Montana are open states with a distributor system and Utah & Wyoming are control states in which the state government makes decisions about purchasing wine. Previous Work Experience is Available upon request Page 23 Item#2. Education: Bachelor of Science, DePaul University, Chicago, Illinois 1987 Skills: Served on West Ada School Boundary Committee in 2015 to realign boundaries for Meridian High School Team Member & Leader in West Ada schools and Idaho PTA boards &committees Active in the transportation business in the Treasure Valley since 2011 Land Owner of 3 parcels in Meridian/Ada County including adjacently to the new proposal impact area of Hwy 16 Interests Active member in Preservation Idaho Active parental involvement with our children's schools Strong civic loyalty-we love Meridian and enjoy smart growth which will benefit longtime residents and new residents, business and community. Page 24 Item#2. Maria Lorcher 4612 W Crowley Lane Meridian Idaho 83646 mfsoohnson@msn.com 208-859-2931 December 9. 2020 Mayor Robert Simison 33 E Broadway Avenue Meridian ID 83642 Dear Mayor Simison, This is a letter of interest to be considered as a volunteer for the Planning & Zoning Commission. I fulfill the requirements of living in the city of Meridian since 1996 and can meet the 15t & 3rd Thursday of every month at 6pm. I will submit my resume under separate cover for your review. If you have any questions or comments, please feel free to call or email me. Thank you for your consideration. I have traveled all over the United States in my careers and home is Meridian, Idaho. i would love to be part of the process to add insight as a resident and business owner for Planning & Zoning. Regards, Maria Lorcher Page 25 Planning Presentation and Outline for Land Use Public Hearings Changes to Agenda: \[if applicable\] Item #\[#\]: Spurwing Sewer Easement (H-2020-0087) th At the public hearing on Dec. 15, the Council continued the subject AZ request to tonight’s meeting in order for the Applicant to work with the Tseng’s to determine landscaping that they’d amenable to between their property and the access road; and for Staff to clarify emergency access options via Chinden Blvd. with ITD. Sara from ITD plans to attend the hearing to answer any questions Council has. Staff verified with ITD that if an access were granted by ITD solely on the Spurwing property via Chinden with a cross-access easement granted to the Wagner’s, the Wagner’s existing access via Chinden would be required to be removed which isn’t feasible at this time as Mr. Wagner wants to retain his existing access. 2013 Ortho photo taken shortly after the sewer main was constructed. (note the fresh sod across the fairway & the gravel access road on the east side of the fairway between the manholes. There is a section on the east side that has sod- not sure why, but clearly a gravel road next to the house. Application(s): Annexation & Zoning Size of property, existing zoning, and location: This site consists of 0.60 of an acre of land, zoned RUT in Ada County, located northeast of the W. Chinden Blvd./SH 20-26 & N. Ten Mile Rd. intersection. History: A lot line adjustment was previously approved by Ada County in 2007 which included the subject property. Ada County denied a CUP modification application to build an emergency access road. Comprehensive Plan FLUM Designation: LDR (3 or fewer units/acre) Summary of Request: The Applicant requests annexation of 0.60 of an acre of land into the City with an R-4 zoning district consistent with the FLUM designation of LDR. The annexation area is a portion of Lot 2, Block 1, Spurwing Subdivision, which was developed in Ada County. Typically, the City does not annex a portion of a parcel or lot; however, it’s been deemed appropriate in this case due to the County’s denial of the site modification and the City’s requirement for an access to maintain the public utility. The property proposed to be annexed is developed as part of the Spurwing golf course & contains a 20’ wide Meridian sanitary sewer easement with a 12” sewer main line & an 8” Suez water main line. An emergency vehicle access easement is proposed in this area to satisfy the Fire Department’s requirement for secondary emergency vehicle access to Olivetree at Spurwing Subdivision – this access is not needed if all of the units are provided with residential sprinklers. Emergency vehicle access for this subdivision was previously planned via W. Chinden Blvd. at the Chinden/Ten Mile Rd. intersection; however, since the time the preliminary plat was approved, improvements have been made to the intersection which require an alternate location for emergency access. For this reason, emergency access is proposed where the sewer easement lies. Public access will be restricted through the use of gates at each entrance with a knox box as required by the Fire Department. This road will also provide access to any manholes within the sewer easement area in accord with City requirements & access to the Suez water lines. The Olivetree at Spurwing subdivision cannot develop without an approved secondary emergency access which the Applicant’s proposal provides; or, the provision of residential sprinklers in all of the units. If Council denies the Applicant’s request, an alternate emergency vehicle access will be required for any development over 30 building lots in Olivetree at Spurwing Subdivision; or, fire sprinklers shall be provided for additional homes beyond the 30. The subject property is non-buildable as it isn’t a legal parcel/lot eligible for a building permit and doesn’t meet the minimum dimensional standards of the R-4 district. Since the last hearing, the Applicant submitted a landscape plan depicting a variety of shrubs and plantings as a buffer between the access road and adjacent residential properties as shown. Commission Recommendation: Approval Summary of Commission Public Hearing: i. In favor: Becky McKay, Engineering Solutions (Applicant’s Representative); Mark Freeman, Foley & Freeman Attorneys (Representing the Applicant) ii. In opposition: Greg Stock, Gretchen Tseng, Rick Mauritzson, Tom Nist, Tony Tseng iii. Commenting: Rod Wagner iv. Written testimony: Robert Trerise, Gretchen Tseng, Carrie Franklin, Eric & Mary Kay Klein, Qing-Min & Erin Chen, Tom & Andrea Nist, Greg Stock, Steven Leavitt & Rick Mauritzson. v. Key Issue(s): a. Concern pertaining to construction of a road & public access between Balata Ct. in Spurwing Subdivision & N. Crantini Way in Olivetree at Spurwing Subdivision; b. Preference for an emergency access for the Fire Dept. to be provided from Chinden Blvd. at the Ten Mile Rd. intersection rather than in the location proposed; c. Negative impact on adjacent properties where access road is proposed due to public use. Key Issue(s) of Discussion by Commission: a. Necessity for a road for access to sewer manholes/maintenance of City infrastructure; b. Possibility of the Applicant providing landscaping adjacent to the abutting residential properties to screen the access road and properties from users of the access road; c. Possibility of installing signage at the gates prohibiting public access; d. Question as to whether or not an emergency access is still feasible in the location originally approved at the intersection of Chinden Blvd./Ten Mile Rd. Commission Change(s) to Staff Recommendation: a. Public Works’ should provide a description of what preference they have for surface treatment of the access road between the two manholes (see Section VIII.C); b. The Applicant should work with adjacent homeowners to see what mitigation could be provided to lessen impacts from the road (see landscape plan in Section VIII.B); c. The Applicant should try to get a letter from ITD stating they won’t allow access as originally approved via Chinden Blvd. without an easement from the Wagner’s \[a letter has been submitted from ITD (see link in Section IX.H) – ITD will only allow a single- approach for safety reasons and is not opposed to an approach that serves both the Wagner farm parcel and the emergency access with the conditions noted in the letter. However, Mr. Wagner stated at the last hearing that he’s not interested in granting an easement for a shared driveway at this time\]; d. Add requirement for signage to be provided prohibiting public access to the gated area (see provision #A.1b in Section IX). Outstanding Issue(s) for City Council: None Written Testimony since Commission Hearing: Gretchen Tseng; Greg Stock; Rick Mauritzson (see public record) Summary of Council Hearing: 1. Summary of the City Council public hearing: a. In favor: Mark Freeman, Foley & Freeman Attorneys (Representing the Applicant) b. In opposition: Rick Mauritzson; Greg Stock; Gretchen Tseng; Tony Tseng c. Commenting: None d. Written testimony: Gretchen Tseng, Greg Stock and Rick Mauritzson 2. Key issue(s) of public testimony: a. Against the provision of the access road and preference for the area to be returned to its previous condition as required by Ada County; b. Preference for homes in Olivetree at Spurwing to be constructed with residential sprinklers in lieu of the provision of a secondary emergency access road as proposed; c. Request for the Council to deny the request for annexation and remove the access road. 3. Key issue(s) of discussion by City Council: a. ITD’s letter in regard to the provision of emergency access from Chinden Blvd./SH 20-26 to the Olivetree at Spurwing development; b. The Applicant should work with the property owner (Tseng’s) primarily affected by the access road to determine landscaping that they’d amenable to between their property and the access road; c. The importance of the provision of secondary emergency access to the site for emergency responders in the event of a fire or other emergency. 4. City Council change(s) to Commission recommendation: a. None Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2020-0087, as presented in the staff report for the hearing date of January 26, 2021: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2020-0087, as presented during the hearing on January 26, 2021, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2020-0087 to the hearing date of ________ for the following reason(s): (You should state specific reason(s) for continuance.) h2 City Council MeetingJanuary 26, 2021 7/tem 77 (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Public Hearing Continued from December 15, 2020 for Spurwing Sewer Easement Annexation (H-2020-0087) by Shari Stiles, Engineering Solutions, LLP, Generally Located North of W. Chinden Blvd./Sh 20-26, Northeast of N. Ten Mile Rd. A. Request: Annexation of 0.60 of an acre of land with an R-4 zoning district. Page 26 Item#4. E IDIAN:--- IDAHO C� PUBLIC HEARING INFORMATION Staff Contact:Sonya Allen Meeting Date: January 26, 2021 Topic: Public Hearing Continued from December 15, 2020 for Spurwing Sewer Easement Annexation (H-2020-0087) by Shari Stiles, Engineering Solutions, LLP, Generally Located North of W. Chinden Blvd./Sh 20-26, Northeast of N. Ten Mile Rd. A. Request: Annexation of 0.60 of an acre of land with an R-4 zoning district. Information Resources: Click Here for Application Materials Click Here to Sign Up to Testify at the City Council Public Hearing Page 27 i PUBLIC HEARING SIGN IN SHEET r DATE: January 26, 2021 ITEM # ON AGENDA: 4 PROJECT NAME: Spurwing Sewer Easement Annexation (H-2020-0087) PRINTED FULL NAME For Against Neutral Want to Testify YES OR NO 1 i 2 T ctc- 5D�) ("aA 3 4 5 6 7 8 9 10 11 12 13 14 Item#4. STAFF REPORT E COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT .►A H O HEARING January 26,2021 Legend-� DATE: 2020 15 b D r Continued om:December , f / �Praject Lflcfl�ian �I TO: Mayor&City Council l�•�� L FROM: Sonya Allen,Associate Planner 208-884-5533 SUBJECT: H-2020-0087 ------ Spurwing Sewer Easement—AZ b LOCATION: North of W. Chinden Blvd./SH 2O-26, northeast of N. Ten Mile Rd., in the SW %4 of Section 23,Township 4N.,Range 1 W. (portion of Lot 2,Block 1, Spurwing '0 Subdivision) I. PROJECT DESCRIPTION The Applicant requests annexation of 0.60 of an acre of land with an R-4 zoning district. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 0.60 of an acre Future Land Use Designation Low Density Residential(LDR) Existing Land Use Sewer easement/golf course Proposed Land Use(s) Emergency vehicle access for Fire Dept. and Public Work's access to sewer easement Current Zoning RUT in Ada County Proposed Zoning R-4(Medium Low-Density Residential) Neighborhood meeting date;#of July 22,2020; 8 attendees attendees: History(previous approvals) This property is a portion of Lot 2,Block 1, Spurwing Subdivision(Bk. 113,pg. 16653).A lot line adjustment was approved by Ada County in 2007(ROS#7826). Ada County denied a CUP modification permit to build an emergency access road. See Applicant's narrative for more information: narrative Pagel Page 28 Item#4. B. Community Metrics Description Details Page Ada County Highway District • Staff report(yes/no) No • Requires ACHD Commission No Action es/no Access(Arterial/Collectors/State One(1)emergency access is proposed from the west via N. Hwy/Local)(Existing and Proposed) Sunset Maple Way in Spurwing Greens Subdivision Fire Service See comments in Section IX.C. Police Service No comments were submitted. Wastewater Distance to Sewer Services Existing through parcel Sewer Shed North Black Cat trunkshed Estimated Project Sewer ERU's See application WRRF Declining Balance 13.97 Project Consistent with WW Yes Master Plan/Facility Plan Impacts/Concerns Sewer mainline is existing through the subject parcel. Water Distance to Water Services This parcel is within Suez Water's service area. Pressure Zone Estimated Project Water ERU's Water Quality Project Consistent with Water Master Plan Impacts/Concerns Page 2 Page 29 1 1 1 �in .. 11 I J' u: 111■ III __ f ', -� `��'` - - — _ �+CHINbF, —- _ I IIIIIYH•1•Y IIII IIINIIIY p� um liiii=' __ �1 i■ nl � ■■ 1I. 111 11 �2 II IIIIIYIINIITNJ ■III III 11 !II IIIIIN •_ INllin Z LLJ Iullll 11 III III IIIII ...•. - •2_ F+'1 IIN IIHIIIII■ INN MIN win :1•� 1 NI � �� �1• 1 NI � �� 1 11 Ilfi� 1 11 Ir NII � ~ 1 I 1IM x CFTIuu■ —I II'�'IQry�]�� quli um2,�„ uiuuraw45 —I II_E� :Iiiiii liiii=' °- �I■�■L, 3°_• ' .a1111I 11. �2 II IINIIYIINII N - — 1•I• 111 11 �2 IIIINIIYIINII N 11 I�IY11 _ NII IIIII 111 = III �_ -2 mini II 111� � —_ ■III III 11 lip _ i � __ ■III III 11 ■i'� IINNNI •� ����!1 IINI II w!1 IINI II } 1 III IINY'r ■IIIIII' •II IIIIINLI 2 ■IIIIIII •IN III 11 III IIII —— IINI IIIII I Z N�III 11 III IIII _ III III I IIN IINIIIII■ IIIIIIII ■2_ F+'!!IN IINIIIIII IIIIIIII ■ IIIINI I11 II�2 ■ IIIINI II I- .I- 1 Item#4. B. Owner: Spurwing,LP— 1406 N. Main St.,Meridian,ID 83642 Pacific Links, Limited Company—200 N. 4th Street, Ste. 205,Boise,ID 83702 C. Representative: Same as Applicant IV. NOTICING Planning&Zoning City Council Posting Date Posting Date Newspaper notification published in newspaper 9/25/2020 11/27/2020 Radius notification mailed to property owners within 300 feet 9/23/2020 11/23/2020 Public hearing notice sign posted 10/1/2020 11/30/2020 on site Nextdoor posting 9/23/2020 11/23/2020 V. COMPREHENSIVE PLAN ANALYSIS LAND USE: This property is designated Low Density Residential(LDR)on the Future Land Use Map (FLUM)in the Comprehensive Plan. The LDR designation allows for the development of single-family homes on large and estate lots at gross densities of three(3)dwelling units or less per acre. There is an existing City of Meridian sewer easement within the subject annexation area;the Applicant proposes is not proposing any new development within this area. Goals,Objectives,&Action Items: Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property(staff analysis in italics): • "Preserve existing public rights-of-way and other easements for future pathways and accessways, particularly along powerline and utility corridors, railway corridors, and waterway or irrigation corridors."(4.04.02B) Annexation of the land where an existing City of Meridian sewer easement is located and requirement ofa Development Agreement with a provision that restricts uses other than that of the sewer easement and emergency access easement will ensure preservation of this easement and access. • "Annex lands into the corporate boundaries of the City only when the annexation proposal conforms to the City's vision and the necessary extension of public services and infrastructure is provided." (3.03.03) The proposed annexation area incorporates an existing City of Meridian sewer easement. VI. STAFF ANALYSIS A. ANNEXATION&ZONING The Applicant proposes to annex 0.60 of an acre of land into the City with an R-4 (Medium Low- Density Residential)zoning district consistent with the FLUM designation of LDR. The annexation area is a portion of Lot 2,Block 1, Spurwing Subdivision,which was developed in Ada County. Typically, the City does not annex a portion of a parcel or lot;however,the City Attorney and the Planning Page 4 Page 31 Item#4. Manager has deemed it appropriate in this case due to the County's denial of the site modification and the City's requirement for an access to maintain the public utility;therefore, Staff is in support of the request. The property proposed to be annexed is developed as part of the Spurwing golf course and contains a 20- foot wide Meridian sanitary sewer easement(Inst. #112130813)with a 12-inch sewer main line and an 8-inch Suez water main line.An emergency vehicle access easement is proposed in this area to satisfy the Fire Department's requirement for secondary emergency vehicle access to Olivetree at Spurwing Subdivision. Emergency vehicle access for this subdivision was previously planned via W. Chinden Blvd. at the Chinden/Ten Mile Rd. intersection; however, since the time the preliminary plat was approved,improvements have been made to the intersection which necessite an alternate location for emergency access. For this reason, emergency access is proposed where the sewer easement lies. Public access will be restricted through the use of gates at each entrance with a knox box as required by the Fire Department in Section X.C. This road will also provide access to any manholes within the sewer easement area in accord with City requirements and access to the Suez water lines as desired. The subject property is non-buildable as it isn't a legal parcel/lot eligible for a building permit and doesn't meet the minimum dimensional standards of the R-4 district. A more detailed decription of the history of this request is included in the Applicant's narrative letter submitted with this application: https:llweblink.meridiancioy.orglWebLinkIDocView.aspx?id=193513&dbid=0&repo=MeridianCiU The proposed annexation area is contiguous to City annexed property and is within the Area of City Impact Boundary. A legal description and exhibit map for the annexation area is included in Section VIII.A. The City may require a development agreement(DA)in conjunction with an annexation pursuant to Idaho Code section 67-6511A. To ensure the site develops as proposed with this application,Staff recommends a DA is required that limits development to that proposed with this application(see provision in Section IX.A). The Olivetree at Spurwing subdivision cannot develop without an approved secondary emergency access which the Applicant's proposal provides. If Council denies the Applicant's request, an alternate emergency vehicle access will be required for any development over 30 building lots in Olivetree at Spurwing Subdivision; or,the applicant has the option to fire sprinkler additional homes beyond the 30. NOTE: The City is currently monitoring the number of homes for this development and the number of building permits issued is approaching the maximum of 30 until the emergency access is approved and constructed per the City's requirments. VII, DECISION A. Staff: Staff recommends approval of the proposed Annexation&Zoning with the requirement of a Development Agreement per the provisions in Section IX in accord with the Findings in Section X. B. The Meridian Planning&Zoning Commission heard these items on October 15,2020. At the public hearing,the Commission moved to recommend approval of the subject AZ request. I. Summary of Commission public hearing: a. In favor: Becky McKay, Engineering Solutions(Applicant's Representative);Mark Freeman, Foley&Freeman Attorneys (Representingtpplicant) b. In opposition: Greg Stock, Gretchen Tseng,Rick Mauritzson, Tom Nist, Tony Tseng C. Commenting: Rod Wager Page 5 Page 32 Item#4. d. Written testimony: Robert Trerise, Gretchen Tseng, Carrie Franklin,Eric &Mary Kay Klein,Qing-Min&Erin Chen,Tom&Andrea Nist, Greg Stock, Steven Leavitt&Rick Mauritzson. e. Staff presenting application: Sonya Allen f. Other Staff commenting on application:None 2. Key issue(s) testimony a. Concern pertaining to construction of a road&public access between Balata Ct. in Spurwing Subdivision&N. Crantini Way in Olivetree at Spurwing Subdivision; b. Preference for an emergency access for the Fire Dept. to be provided from Chinden Blvd. at the Ten Mile Rd. intersection rather than in the location proposed; c. Negative impact on adjacent properties where access road is proposed due to public use. 3. Key issue(s)of discussion by Commission: a. Necessity for a road for access to sewer manholes/maintenance of City infrastructure; b. Possibility of the Applicant providing landscapingdjacent to the abutting residential properties to screen the access road and properties from users of the access road; c. Possibility of installing signage at the gates prohibiting public access; d. Question as to whether or not an emergency access is still feasible in the location originally approved at the intersection of Chinden Blvd./Ten Mile Rd. 4. Commission change(s)to Staff recommendation: a. Public Works' should provide a description of what preference they have for surface treatment of the access road between the two manholes(see Section VIII.C); b. The Applicant should work with adjacent homeowners to see what mitigation could be provided to lessen impacts from the road(see landscape plan in Section VIII.B); c. The Applicant should try to get a letter from ITD stating they won't allow access as originallyapproved via Chinden Blvd. without an easement from the Wagner's[a letter has been submitted from ITD (see link in Section IX.H)—ITD will only allow a single- approach for safety reasons and is not opposed to an approach that serves both the Wagner farm parcel and the emergency access with the conditions noted in the letter. However, Mr. Wagner stated at the last hearing that he's not interested in granting an easement for a shared driveway at this timek d. Add requirement for signs eg t�provided prohibiting public access to the gated area (see provision#A.lb in Section IX). 5. Outstandingissue(s)ssue(s) for City Council: a. None C. The Meridian Citv Council heard this item on December 15,2020. At the public hearing,the Council moved to continue the subject AZ request to the January 26,2021 hearing in order for the Applicant to work with the Tseng's to determine landscaping that they'd amenable to between their property and the access road: and for Staff to clarify emergency access options via Chinden Blvd. with ITD. 1. Summary of the City Council public hearing: a. In favor: Mark Freeman.Foley&Freeman Attorneys(Representing the Applicant) b. In opposition: Rick Mauritzson: Greg Stock; Gretchen Tseng: Tony Tseng C. Commenting:None d. Written testimony: Gretchen Tseng, Greg Stock and Rick Mauritzson e. Staff presenting application: Sonya Allen £ Other Staff commentingon pplication: Kyle Radek: Deputy Fire Chief Bongiomo. Police Chief Lavey 2. Key issue(s)of public testimony: Page 6 Page 33 Item#4. a. Against the provision of the access road and preference for the area to be returned to its previous condition as required by Ada County- b. Preference for homes in Olivetree at Spurwing to be constructed with residential sprinklers in lieu of the provision of a secondary emergency access road as proposed; C. Request for the Council to deny the request for annexation and remove the access road. 3. Key issue(s)of discussion by City Council: a. ITD's letter in regard to the provision of emergency access from Chinden Blvd./SH 20- 26 to the Olivetree at Spurwing development: b. The Applicant should work with the property owner(Tseng's)primarily affected by the access road to determine landscaping that they'd amenable to between their property and the access road: c. The importance of the provision of secondary emergency access to the site for emergency responders in the event of a fire or other emergency. 4. City Council change(s)to Commission recommendation: a. None Update from Staff&Additional Staff Recommendations: • ITD's position on access via W. Chinden Blvd./SH 2O-26 has not changed(see letter from ITD in the public record). A representative from ITD(Sarah Arjona)is planning to attend the meeting to answer any questions Council may have on this matter. • In regard to the Tseng's preferred landscape options between their property and the access road, the Applicant states the Tseng's do not want shrubs next to the property line; instead,they would prefer a wrought iron fence on the west side of their existing trees and shrubs. The Applicant has agreed to pay the Tseng's money to cover the cost of the fence and the Tseng's will be responsible for constructing the fence on the shared property line. • Public Works' Staff has requested a DA provision is included stating, "Compliance with the Public Works' 2019 Design Standards for Access Roads(2-16 Access Roads) is required as set forth in Section VIII.C. Further,rim elevations of manholes located within the access road shall be equal to the elevations of the surface of the access road and finished in accordance with current Idaho Standards for Public Works Construction(ISPWC) and City Supplemental Specifications."(See recommended provision in Section IX.A.1c.) • Staff has included two(2) other provisions in the DA per Public Works' comments in Section IX.B and Fire Dept. comments in Section IX.0 (see Section IX.A.Id and f,respectively). • Staff recommends prior to Annexation Ordinance approval,the Applicant submit a performance surety, including bids for materials and work to be performed,to the City to ensure the access road is completed to Public Works' standards. Page 7 Page 34 Item#4. VIII. EXHIBITS A. Annexation&Zoning Legal Description and Exhibit Map TEALFTS LAND 12594 W. Exmorer Drive, Suite 150 • Boise. Idaho 83713 SURVEYING ( ) 385•01$ F] Fax (208)385-M6 Project No.-4867 EXHIB11T „A„ Date:July 8, 2020 DEDRJPTION FOR JOCK HEWITT ANNEXATION PARCEL A parcel of land toeing a portion of Lot 2 of Block 1 of Spurwing Subdivision as on file in Book 69 of Plals at Pages 7104 through 7108 in the Office of the Recarder for A do County. Idaho, said parcel being situated in the SW 114 of Section 23, TAN., R.1W.. B.M.,Ada Gounty, ldah&and more particularly descr[bed as follows: COMMENCING at the Southwest corner of sakd Section,23. marked by a brass cap,thence along the West line of r}apd Sef tion 23 forth 00°204Y East 1170.64 feet to a point; thence leaving said West line at Mght arrgtes South 89"39'20"East 331.81 feet to the Saulhwast corner of Lot 14, Bloc* 1 of said Spurwing Subdividon which point is also the Northwest corner of Qlivetree at Spurwing Subdivision as on fte in Book 115 Of PlatS at Pages 16653 through 16656 in said Office of the Recorder forAda County.which poq,t is the POINT OF!BEGINNING, rnarkett by an iron pin,thence along the West line of said Gliretree at SpurMng Subdivision South 10"58'41"West 211.00 feet to a paint;thence Jeaviny said West lift at right angles ldoM 79001"12"W es1 42.12 feet to a point; thence along a line paralrel w th sold West line of GJivetree at Spurwing Subdivision North 10"58'48"East 213-59 feet to a paint on a li rye that is pars IWI~kith and 41.00 feet VVest of the West llne of said Lol 14, Block 1 of Spurwing Subdivision; thence along said paral lei Gne North OV46'28"East 370-10 feet to a Point;thence North 47'2&00" East 5167 feet to s point; thence South 11 W25"East 25.82 feet to a point of curvature: Ittenoe along the arc of a curve to the left whose fadi us is 110.00 feat, whose central angle is 3V5841", whose length is 59 47 feet and whose long chard bears South W36'45"East 58.75 feet to a point-,thence South 42044'50"west 43.32 fleet to the Northwest corner of ea id Lot 14,marked by an iron pin, thence along the}Nest line of said Lot 14 South DD 4&28"West 305.94 feet to the PCH NT OF BEGINNING. Said Pamel Contains 0,602 Acre,more or less, A a 7L7i A. '�fiilfiA 4667-AnAoxauon-Cesc.00ex dnrtl Page 1 of 1 Page 8 Page 35 Item#4. EMUHIT "B'" CrrY OF MERIDIAN ANKEXATlON POR OL1VE'REE UTlllrnES PARCEL 0 LOT 2,BLOCK I.$PURWIIG&WYNON 226�3 - IN THK SW IM OF SECTION",T,AN.R.W.,6A., AVA CQUWr'Y.V" CLRr TABLE CUM RAM6 CEXIA LENGTH $EAA/iG_ CHNO 1 J C- 1 WAG' I -w—A-4P 590' S d5%'4i' S It`07'25' E N 47'26'00' E 25.d2' NI ONT AFRRMN r kx Mw- E/,$F„ Not ff wb 41 4g913 ` 1#3.32' � q W SCALE IN FEAT y I• = h}0' I II f ` I DOT. r�alol►r� ' I" �� BLOCK ] pjeWj? �16 J Flv. ttf138818 I I � z PARfL A i 13 ��QQyy �t I�w 1} 26,204 Sf. " WATER FAIM. r , ' 0.602 AC. rFI. B•I P T $ NY�WMG Sr CoRmEm Apr u 5 84*39'2 'E 331.J3J' 1 Ir �+v zer 27s. 12 , > LAN# 37 p to t � �joe s II 38 ''° BLOCK 1 ' F "r _ 351 rk I' 7 Dfl2' 341 7 r 44 LOT 7 OrrJy71 �f BLOCS r 33 5P�JRVI C, S TEALETS LAND SURVEYING 223 1254+ W. EXPLORER oFaYE, SLlFE ISd, W3E, C] 93713 rri # Page 9 Page 36 Item#4. B. Landseape Mitigation Pla-m Page 10 Page 37 Item#4. C. Public Works' 2019 Design Standards for Access Roads 2-16 ACCESS ROADS: A. Access to sewer,water and recycled water mains not located within public rights-of-way shall be provided by an all-weather gravel access road constructed of 3/4"minus road mix gravel. See the Supplemental Specifications. B. The maximum access road grade shall not exceed 10%and shall be shown in the profile view. The access road shall not block natural or artificial drainage and shall conform to the requirements of the governing agencies. C.Access roads for sewer manholes shall have curves designed for turning radii of 28 feet inside radius and 48 feet outside radius and a vertical clearance of 14 feet. D. Rim elevations of manholes located within access roads shall be equal to the elevation of the surface of the access road. E. Hammerhead or intermediate turn-around spaces shall be constructed at the end of all access roads exceeding 150 feet in length and at intermediate locations as determined by Development Services. F. Easements will be required for all maintenance roads and turn-around spaces. Page 11 — Page 38 Item#4. q 14'{MINIMUM I 10'MINIMUM CRUBHEID eld' 0 ROADEASE WATER fs MAIN SANITARY COMPACTED SEWER SJBCRADE MAIN NOTE ALL GRAVELED ROADWkvS SHA_L BE CENTERED OVER—HE UTILITI=S. 'tVI5�Q 2013 GrrYSt)PGPLEI�NTAL RAVEL ROAD F MERIDIAN STANDARD DRAWING NO. SPECIFICATIONS roTHE 17.+AHO wOSrua,,hnsRnF1 STANDARD DETAIL PUN-r-YYUMS CQr4rTRUCT1CH Note: These would be the minimum Design Standards,but an applicant can pave the roadway if they want. Page 12 Page 39 Item#4. IX. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1. A Development Agreement(DA) is required as a provision of annexation of this property. Prior to approval of the annexation ordinance, a DA shall be entered into between the City of Meridian,the property owner(s)at the time of annexation ordinance adoption,and the developer. Currently, a fee of$303.00 shall be paid by the Applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six(6)months of the City Council granting the annexation. The DA shall, at minimum, incorporate the following provisions: a. The annexation area is non-buildable and shall only be used as a City of Meridian sewer line easement, Suez water line easement, emergency vehicle access road and access road for the City of Meridian and Suez Idaho Operations for maintenance of their facilities within their easements. b. Signage shall be provided stating that public access is prohibited beyond the gated area. c. Compliance with the Public Works' 2019 Design Standards for Access Roads (2-16 Access Roads)is required as set forth in Section VIII.C. Further,rim elevations of manholes located within the access road shall be equal to the elevations of the surface of the access road and finished in accordance with current Idaho Standards for Public Works Construction(ISP)YC� and City Supplemental Specifications. Construction of the road shall be completed within sixty (60)days of approval of the Annexation Ordinance. d. A 14-foot wide compacted gravel access roadway meeting Meridian City standards shall be constructed over the existings a�ary sewer mainlines that currently traverse through the subject property. e. This project will be required to provide a 20' wide swing or rolling emergency access gate as set forth in International Fire Code Sections 503.5 and 503.6. The gate shall be equipped with a Knoxbox padlock which has to be ordered via the website www.knoxbox.com.All gates at the entrance to fire lanes shall be located a minimum of 30 feet from the roadway and shall open away from the roadway,unless other provisions are made for safe personnel operations as set forth in National Fire Protection Association 1141, Section 5.3.16 -2017 edition. Prior to Annexation Ordinance approval, the Applicant shall submit a performance surety, includinje bids for materials and work to be performed, to the City to ensure the access road is completed to Public Works'standards. B. PUBLIC WORKS 1. Site Specific Conditions of Approval 1.1 Sanitary sewer mainlines currently traverse through the subject parcel. 14-foot wide compacted gravel access roadways shall be required above those mainlines per Meridian City Standards. Included as a DA provision above in Section IX.A.Id. C. FIRE DEPARTMENT Access: This project will be required to provide a 20' wide swing or rolling emergency access gate as set forth in International Fire Code Sections 503.5 and 503.6. The gate shall be equipped with a Knoxbox padlock which has to be ordered via the website www.knoxbox.com. All gates at the entrance to fire lanes shall be located a minimum of 30 feet from the roadway and shall open away from the roadway, Page 13 Page 40 Item#4. unless other provisions are made for safe personnel operations as set forth in National Fire Protection Association 1141, Section 5.3.16 -2017 edition.Included as a DA provision above in Section IX.A.If. D. POLICE DEPARTMENT No comments were received. E. PARK'S DEPARTMENT No comments were received. F. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID) https://weblink.meridiancity.org/WebLink/DocView.aspx?id=213875&dbid=0&repo=Meridian City G. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) https:llweblink.meridianciU.orglWebLinkIDocView.aspx?id=193806&dbid=0&repo=MeridianCiU H. IDAHO TRANSPORTATION DEPARTMENT(ITD) https:llweblink.meridiancity.org/WebLink/Doc View.aspx?id=214594&dbid=0&repo=Meridian City X. FINDINGS A. Annexation and/or Rezone(UDC 11-513-3E) Required 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 annexation and/or rezone,the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The Commission finds the Applicant is proposing to annex the subject 0.60 acre property with R-4 zoning consistent with the proposed LDR FL UM designation for this property. (See section V above for more information.) 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Commission finds the proposed map amendment to R-4 for the existing sewer easement and proposed emergency access road generally complies with the regulations outlines for the R-4 district and purpose statement of the residential districts. 3. The map amendment shall not be materially detrimental to the public health,safety, and welfare; The Commission finds the proposed map amendment will not be detrimental to the public health, safety and welfare and the emergency access road will enhance public safety in this area. 4. 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 Commission finds the proposed map amendment will not result in an adverse impact upon the delivery of services by any political subdivision providing public services and will actually enhance emergency access in this area. Page 14 Page 41 Item#4. 5. The annexation(as applicable)is in the best interest of city. The Commission finds the proposed annexation is in the best interest of the City. Page 15 Page 42 Applicant Presentation SPURWING EASEMENTJanuary 26, 2021Public HearingMeridian City Council EasementEmergency Access, Sanitary Sewer and Water 0.62 Acre ANNEXATION AND ZONING APPLICATION Meridian Sewer Easement 2012- June 2014 2016 2017 Approved Emergency Vehicle Access Plan Prep for Emergency Vehicle and Sewer/Water Maintenance Access Existing Landscaping Emergency Access Gate Detail Landscape Concept Plan Public Presentations and supporting documents Spurwing January 2021Balata RepresentativeHOA Board of DirectorsSpurwingRick Mauritzson 0087-2020-AZ H Emergency AccessOliveTree& Sewer Easement Annexation •January Update reasons aboveHOA has not changed it’s stance regarding it’s recommendation against the proposal for the With the pending home sale of the adjacent resident, #1 is less of an issue. However, the •still the safest, least redundant, and quickest approach2008 approved emergency access location is If a road is dictated by Meridian, the original 20073.necessary?Why go against Ada County’s ruling and negatively impact Balata homeowners for a road that is not •used’ solution vs. a secondary accessbetoFire sprinklers are a much more practical & ‘likely•emergency access such as the one proposed has never been used to his knowledge, stated during the December meeting that a secondary LaveyThe Meridian Police Chief, Jeff •The developer can pursue this solution without Meridian annexation•P&Z and the Fire Marshal as an acceptable alternative solutionhomes has been proposed by both Meridian OliveTreeInstallation of fire sprinklers in the remaining •A road is NOT required2.property value & quality of lifeThe new proposed location imposes a significant negative impact to the adjacent homeowner’s 1.location for 3 reasons:HOA & Balata Residents have argued against the new proposed road SpurwingThe •continued-January Update rewarded when alternate solutions do existThroughout this process the developer has manipulated the system, and his actions should not be •It’s no surprise the residents have had enough!•assumptionsrecommendation based solely on the developer’s narrative, with several incorrect facts & Meridian P&Z rushed to the developer’s rescue with a rubber stamp (Staff Report) Ada County after a very thorough investigation into the matter ruled against the new road, but •sore/deteriorated view of the golf course for the past 1.5 yearsThe Tseng’s had to relocate one of their dogs, deal with continuous foot & bike traffic, and live with an eye•of the Tseng’s quality of life)It’s obvious that the developer thought it would be easier to ask for forgiveness vs. permission (at the expense •developer without permitroad (constructed along their property line) that was relocated & constructed by the same Then for the past 1.5 years the Tseng’s have been tormented with the negative impact of this new •Exhibit 7sac (background information available in deonce quiet Balata cul600 cars a day down the repurposing of a previous emergency access road that now generates 500The developer has negatively impacted the Tseng’s (and all Balata residents) with the relocation & •be steadfast against the proposalsituation, and have decided to move (a few blocks away). If they were not moving, they would still The Tseng’s have agreed to the new road location only because they are fed up with the current •Meridian Staff Report Claims solution. This option does not require annexation.Staff states ‘the applicant has the option to fire sprinkler additional homes beyond the 30’ as an alternate •An alternate location is not necessary•ITD in Dec 2019. The Developer has simply chosen not to pursue this option.the original proposed location is still viable, and this was confirmed by Exhibits 3 & 4 As shown in •necessitate an alternate location”preliminary plat was approved, improvements have been made to the intersection which Rd intersection; however, since the time the TenMile/ChindenBlvd. at the Chinden“Emergency vehicle access for this subdivision was previously planned via W. Staff claims: •presentation)A continuous road is not necessary, nor required, for utility access (as detailed in the December •installed to satisfy public utility accessreAda County has already demanded (with pending litigation) that the Sewer access stub roads be •requirement for an access to maintain the public utility; the Staff is in support of the request”“due to the County’s denial of the site modification and City’s Staff report claims: •Summary Do not allow the developer to circumvent Ada County’s decision & ruling•its original state (as demanded by Ada County)Annexation is not required for this option, nor should proceed until the developer returns the land back to •Balata residents support this solution to the problem•homesOliveTreeinvolving installation of fire sprinklers in the remaining An alternate solution has been proposed by Meridian P&Z (with Fire Marshal approval) •least redundant, and quickest approach2008 proposed & approved emergency access location is the safest, -The original 2007•(No action needs to be taken by Meridian to restore sewer/water maintenance access)•Ada County has pending litigation forcing the developer to restore the original stub roads for utility access•A ‘continuous’ road is not required for sewer/water access•Exhibit 6letter, not the logical/safest location, and still impacts (albeit to a lesser degree) adjacent residents (see Klein While the most impacted resident has lost hope and decided to move, the new proposed location is still •injurious and a nuisance to adjacent property ownersAda County has been very clear that the new proposed road location would be More detail or questions? December Presentation 0087-2020-AZ H Background adds additional nuisancejogging, & biking (even if gated) Road use by people walking, negatively impacted by gravel roadGolf Course views & property value Backyard of 3075 Balata Ct and after a majority of the construction had been completedThe developer submitted an application to Ada County only after a cease & desist was issued, •3075 Balata Ctemergency access road running along the entire length of the residential property located at In July 2019, the developer started construction of an alternate, unapproved 20’ wide •Exhibit 1–Final Plat approved by Meridian City 05/27/2008 •TenMile/Chindensub has an approved emergency access road that connects to OliveTreeThe • •continued–Background installation & construction trafficDisturbed earth from Sewer main Sewer Access PointPreviously Existing Stub Road Magnification:Sewer Access Points(Similar Stub Road)Previously Existing Stub Road(No annexation or action required by Meridian City for this to occur)•to restore these Stub Roads for utility accesslitigation in progressAda County •gravel stub roads (for sewer access):View of previously existing cinder Background stub road used to exist heresewer maintenanceobtrusive similar -NonSewer maintenance stub road nuisanceadds additional biking (even if gated) walking, jogging, & Road use by people gravel roadnegatively impacted by property value Golf Course views & Backyard of 3075 Balata Ct of July weekend)th(over 4, 2019 nd on July 2road constructed unapprovedAerial view of 20’ wide •continued– Background stub road used to exist heresewer maintenanceobtrusive similar -NonSewer maintenance stub road nuisanceadds additional biking (even if gated) walking, jogging, & Road use by people gravel roadnegatively impacted by property value Golf Course views & Backyard of 3075 Balata Ct of July weekend)th(over 4, 2019 nd on July 2road constructed unapprovedAerial view of 20’ wide •continued– •continued–Background alternate, less impactful solutions existon the property when property, but are strongly against the installation of a 20’ wide emergency access road It should be noted that Balata residents are not against annexation of the subject •The developer is now requesting Meridian City to circumvent Ada County’s ruling•09111)20The developer has refused to do so, and Ada County filed suit in June 2020 (CV01•previously installed stub roads for sewer accessAda County has required the land be returned to it’s original condition with the •in favor of the proposed roadwith Meridian City, it should be made clear that the Board of Ada County Commissioners was not While Ada County Commissioner Visser had suggested the developer could pursue annexation •to adjacent property ownersThe Commissioner’s upheld Ada County Development’s decision that the road would be injurious •Ada County Development denied both the developer’s application and his appeal •Solution #1–Alt Solutions Exist proposed road location vs. negatively impact his own business (fairway) propertyThe developer prefers to negatively impact the residents at 3075 Balata with the new •Exhibit 4signal TenMileChindenwithout crossing onto the adjacent Wagner Farms property or conflicting with the There appears to be sufficient space to install the access road in it’s original location •did not necessitate relocation (as the developer’s Narrative would have you believe)Chindendeveloper’s original 2008 approach (Exhibit 6 of Applicant’s Narrative), but ITD’s modifications to widening & light signal installation did result in the removal of the TenMileChindenThe •The developer has made no effort since 2009 to renew his permit/application•2009approach expire in June TenMileChindenThe developer let his original ITD permit for the •Exhibit 2for emergency vehicles The originally approved location is also the safest, least redundant, & quickest approach •Exhibit 3according to ITD ) emergency access road is still a viable option TenMileChindenThe originally approved ( •Solution #2–Alt Solutions Exist This would be the neighborhood’s preferred & recommended solution•homes1.5% increase in the average selling price of the A .5% Proposal will add $5k to $10k per home •systemNo emergency access road is required if all homes beyond the first 30 have an installed sprinkler •for all involvedWIN-WINproposed an alternative solution that is a Meridian P&Z (as summarized in the Staff report) & Commissioner Yearsley have •Developer Claims cross the fairwayThe same satellite view still shows a similar disturbed earth signature where the sewer lines •of the sewer linesmaintained road is simply disturbed earth from the installation The region claimed to be a non•and City CouncilThe satellite views provided by the developer are intended to mislead Meridian P&Z •The adjacent property owners have submitted substantial photos confirming this•Exhibit 1The 2007 Plat Map shows no existing road •property lineThe developer claims a 20’ road has always existed along the residents •continued–Developer Claims Sewer stub access road sewer lines & construction traffic This is simply disturbed earth form installation of the - 2007 Plat Map (Exhibit 1) also illustrates this-No previous road existed, nor was approved by Ada County-existing road-Developer claims this satellite view shows a pre cross the Fairwaywhere sewer lines earth region here, Similar to disturbed existing road is False:Developer’s claim (P&Z Public Hearing) regarding pre •continued –Developer Claims an access road to be installedrequireSuez Water does not •installed)be reThis requirement was previously met with the 14’ stub roads (which Ada County is demanding •Sewer access is only required to the manhole covers•lines for maintenance purposesThe developer claims that an access road is required over the sewer & water •continued –Developer Claims Then service roads should also be installed here and other locationsIf a ‘continuous’ road is required here (vs. stub roads to the manhole covers) , then why hasn’t applicant requested road installation at other locations?requirementIf this was a •A ‘continuous’ access road over the sewer lines is not required for utility access•Meridian Sewer Easement (from applicant’s narrative) •continued–Developer Claims Exhibit 5would approach the intersection their entrance onto the developer’s property (in the same location where the emergency access road In May 2019, the developer agreed to provide an easement to Wagner Farms allowing them to widen •Exhibit 4approach (installed by the developer), but does not inhibit the original plan widening & light signal installation did result in the removal of the original TenMileChindenThe •The road does not need to cross onto Wagner’s property•Nothing has changed since 2008 to prevent construction of the road in it’s original approved location•roadThe developer claims Rod Wagner (Wagner Farms) will not allow the previously approved •Exhibit 12011 with full knowledge of the planned emergency access road (public record since 2007 has no authority on this matter as they are tenants, and leased the property in SpurwingThe Club at •allow the road in its original proposed locationstating the Club will not SpurwingThe developer has submitted a letter from The Club at •continued–Developer Claims for construction = 03/02/2017only portion) approved-(MeridianPlat Plans = 02/11/2016 which was deniedAda County approvalThis relocated road requires Relocated Emergency Access Road No Meridian public hearing was held to discuss removal or relocation of the Emergency Access prior to 2020•The new road location falls outside Meridian jurisdiction & requires Ada County approval (which was denied)•Meridian only approved (Mar 2017) the portion of this plat that resides on Meridian City property•Developer claims the new proposed location has already been approved by Meridian City •Meridian Staff Report Claims This would be the neighborhood’s preferred solution.•homes beyond the 30”“the applicant has the option to fire sprinkler additional Staff concludes their report with: •ITD in Dec 2019. The Developer has simply chosen not to pursue this option.the original proposed location is still viable, and this was confirmed by Exhibits 3 & 4 As shown in •necessitate an alternate location”preliminary plat was approved, improvements have been made to the intersection which Rd intersection; however, since the time the TenMile/ChindenBlvd. at the Chinden“Emergency vehicle access for this subdivision was previously planned via W. Staff claims: •be consistent, and DEMAND that this also includes the sewer lines that run across the fairwaysIf Meridian City truly requires an access road over the entire sewer line, then Meridian City should •installed to satisfy public utility accessreAda County has already demanded (with pending litigation) that the Sewer access stub roads be •requirement for an access to maintain the public utility; the Staff is in support of the request”“due to the County’s denial of the site modification and City’s Staff report claims: •Summary original state (as demanded by Ada County)Annexation is not required, nor should proceed until the developer returns the land back to its •Balata residents support this solution to the problem•negatively impact the existing homeowner’s property valueshomes which won’t OliveTreeinvolving installation of fire sprinklers in the remaining An alternate solution has been proposed by Meridian P&Z (with Fire Marshal approval) •least redundant, and quickest approach2008 proposed & approved emergency access location is the safest, -The original 2007•(No action needs to be taken by Meridian to restore sewer/water maintenance access)•Ada County has pending litigation forcing the developer to restore the original stub roads for utility access•A ‘continuous’ road is not required for sewer/water access•up on recommendations made by P&Z CommissionersDeveloper has also made minimal effort to follow•Do not allow the developer to circumvent Ada County’s decision & ruling•injurious and a nuisance to adjacent property ownersAda County has been very clear that the new proposed road location would be Exhibits •Exhibit 1 continuous road as currently claimed by developerNote: No Previous existing North/South14’ Grass Pavers Maintenance Road 20’ Asphalt Emergency Access(Plat Plans 11/27/2007)•Original Approved Location of the Emergency Access Road: •continued –Exhibit 1 May 27, 2008)(Meridian City Council Hearing / Final Plat Approval •Original Approved Location of the Emergency Access Road: Emergency Vehicle Access May 27, 2008)–(Meridian City Council Hearing / Final Plat Approval •Original Approved Location of the Emergency Access Road:•continued –Exhibit 1 Exhibit 2 Access through 3 gates is required •Alternate access point is several blocks away•be obstructed)clubhouse are the most likely to Spurwing(Roadways around the •Relies on >60% of the primary access to be clear of obstructions•Proposed relocated road:is NOT the safest, least redundant, nor quickest path ), determined by Ada Countybesides injurious to adjacent property owners (as New proposed road location, • •Exhibit 3(Also included in submitted Agency Comments)•Dec 9, 2019:ITD Position Regarding Original Emergency Access Road Location IIDDAAHHOO TTRRAANNSSPPOORRTTAATTIIOONN DDEEPPAARRTTMMEENNTT PP..OO.. BBooxx 88002288 •• BBooiissee,, IIDD 8833770077--22002288 ((220088)) 333344--88330000 •• iittdd..iiddaahhoo..ggoovv TDheec ehmisbtoerry 9 b, e2h0i1n9d Permit 3-08-426, Spurwing’s previous emergency access approach onto Chinden Blvd is as follows. Brent Danielson June 6, 2008 – ITD issued Permit #3-08-426 to Spurwing Limited Partnership. The access was identified as a Development Services 20ft wide gated emergency access. 200 W Front St. Boise, ID 83702 June 30, 2014 – ITD issued Permit #3-13-217 to PACLAND (Walmart) for roadway widening and traffic VIA EMAIL signalization installation at the intersection of Ten Mile Road and US 20/26. Due to proximity of the emergency access to the northeastern traffic signal pole, the gated emergency access was removed. Permit #3-08-426 RE: Emergency Vehicle Approach at US 20/26 milepost 36.265, left (Intersection of US 20/26 and Ten Mile Rd) became void with the removal of the emergency approach. Dear Mr. Danielson, Below is an image from the Ten Mile traffic signal construction plans. Both Spurwing’s gated emergency access and the adjacent western driveway approach are removed. The plan sheet shows construction of a single approach located The Idaho Transportation Department (ITD) was asked to clarify our position regarding an emergency approach on the entirely within the western parcel. The future driveway connection is identified as being constructed by others as part north side of the US 20/26 (Chinden Blvd) / Ten Mile Road intersection. For safety reasons, there can only be one of a separate project. Although the single approach was constructed in the traffic signal project, it was never approach located on the north side of this signalized intersection. However, ITD is not opposed to a single approach permitted. ITD does not have any documentation regarding the intended use. serving both the Wagner Farm parcel and being used as an emergency access with the following conditions: • The emergency access connection to the single approach would be gated to restrict cross access of other vehicles. • If the approach were to remain entirely on the Wagner Farms parcel, a cross access agreement would need to be recorded and submitted to ITD. • If the approach was reconstructed and centered on the parcel boundary to better align with the signalized intersection, a joint access agreement would be needed. The concept of a joint access for the Wagner Farm Commercial Development has been presented to ITD and found acceptable. ITD reviewed and accepted the development’s Traffic Impact Study in June 2019 and Chinden Blvd / Ten Mile Rd provided comments on the draft site plan. Chinden Blvd / Ten Mile Rd 2018 Google Earth Image The department is awaiting revised civil Traffic Signal Construction Plan Sheet drawings. PPaaggee 21 ooff 33 •continued–Exhibit 3 Dec 9, 2019):ITD Position Regarding Original Emergency Access Road Location IDAHO TRANSPORTATION DEPARTMENT P.O. Box 8028 • Boise, ID 83707-2028 (208) 334-8300 • itd.idaho.gov ITD cannot allow a second direct access approach at the intersection of Chinden Blvd and Ten Mile Rd, but we are willing to consider options of using a single approach to serve both uses. If you have any questions, you may contact me at erika.bowen@itd.idaho.gov or (208) 265-4312 ext 7. Sincerely, Erika Bowen ITD – District 3 Traffic Technical Engineer cc. Becky McKay Engineering Solutions Page 3 of 3 •Exhibit 4 intersection)TenMile/Chinden(aligns with east half of Sufficient space for Original Emergency Vehicle Access July 23, 2019)(Meridian Planning & Zoning Commission •Blvd:Chinden0035), 3240 W. 2019Public Hearing for Wagner Farms (H •continued–Exhibit 4 Satellite View of Original Emergency Access Road Location: •Light Signal Poles continued–Exhibit 4 Satellite View of Original Emergency Access Road Location: •continued–Exhibit 4 widening & light signal installation did not necessitate relocation of the original planned access roadTenMileChinden•Street View of Original Emergency Access Road Location: •Exhibit 5 originally proposed access roadfrom Wagner Farms to install developer requires an easement However, it does not appear the an access easement in 2019Developer provided Wagner Farms May 2, 2019)(Meridian Planning & Zoning Commission •Blvd:Chinden0035), 3240 W. 2019Public Hearing for Wagner Farms (H •Exhibit 6 gate where it terminates at Balataand would have a direct view of the road & ’ TsengsKlein’s reside directly opposite the The Klein letter (Public Comments) Exhibit 7 Balata Residents & Property ValuesDeveloper’s Previous Impact & Ongoing Disregard for •The Meridian City portion of the road was approved in June 2010.•The Ada County portion of the road was approved in Feb 2010. •Balata Ct Traffic Issue–Exhibit 7 Meridian City’s Certificate of Zoning Compliance states the proposed access drive is not intended for through traffic•administrative modification’ with the requirement it would have no impact to adjacent residences/neighbors.T he access road was approved (with no public hearings) by the Director of Ada County Development as a ‘minor •way connector between two existing public roadways (W. Balata Ct & N. Sunset Maple Way).a thruaccess road (located on private property) into Only Emergencyresidents along Balata Ct with the transformation of an LLC have adversely impacted the property rights and quality of life of all SpurwingMr. Jock Hewitt & The Club at •Summary of Issue–Exhibit 7 worse.traffic will only continue to get sites to the west, and further expansion planned, the amount of thruWith 430 home•as a ‘minor’ administrative modification which should have no adverse impact to adjacent properties.use conditions, nor Ada County Development’s approval of the road This does not align with the City of Meridian’s intended road•. \[ACHD traffic study data\]1 vehicle/minvehicle every 1.6 minutes, with hourly peaks of On weekdays from 8am to 7pm, Balata residents have to cope with a •10% of the traffic is using the road to access the Club facilitiesOnly 5•Blvd or Linder RdChindencut to/from way short95% of the traffic is using the road as a thru90•615 vehicles/dayof (with peaks 553 vehicles/dayway connector promoting on average sac has been transformed into a thrudequiet culThe amount of traffic on Balata Ct has reached unacceptable levels. Based on recent ACHD traffic studies, a once •y.ACHD provided Meridian City conditional approval for the road with the assumption that it would generate <10 vehicle trips/da•c”Meridian City’s Certificate of Zoning Compliance clearly states “the proposed access drive is not intended for through traffi•Ada County Development approved the road under the assumption it would have no impact to adjacent residences/neighbors.•way.LLC (tenants) have been allowed to operate & promote the road as a thruSpurwing(owner) & The Club at traffic, however Mr. Jock Hewitt Ada County & the City of Meridian did not intend that this road be used for thru Meridian City:Use-Original Intended Road–Exhibit 7 Way & Development Services-of-Kristy Heller, ACHD Right-•.” estimated to generate less than 10 vehicle trips per daydevelopment is that this ct “It has been determined that ACHD has no site specific conditions of approval for this application at this time due to the fa•ACHD conditions of approval (in regards to Meridian CZC & DES):3-4E--•.” sadversely impact adjacent propertiewill not “The Director may approve specified minor modifications to an approved master site plan, provided such minor modifications •Megan Leatherman, Director, Ada County Development-•Country Club.” Spurwingto the pool and clubhouse at Greens side access Spurwingside access to the tennis courts and to give residents on the Spurwing“The intent was to provide residents on the •Ada County Development:Bill Parsons, City of Meridian Planning Department-•"The gated drive does not qualify as a private street nor serves any residences and is not intended for general thru traffic”•Meridian City Council Staff Report-•Subdivision.SpurwingGreens\] Subdivision and the Spurwing\[Jaykerthe residences of the access to the tennis facility forto provide The cross access drive is meantor private street. public"Staff wants to emphasize the cross access drive is not approved as a•Meridian City Certificate of Zoning Compliance -•nor approved as a public or private street.”is not intended for through traffic“The proposed access drive • •, LLCSpurwingThe Club at –Exhibit 7 routed traffic, circumventing ACHD’s planned/intended traffic patterns for the areaLLC (enabled by Ada County Development & Meridian City) have effectively reSpurwingMr. Hewitt & The Club at •have been witnessed using the access road.Club Members residents, and other non, UPS, pizza delivery, landscapers, construction contractors, visitors/nonFedex•sty le’ remote gate openers have been shared & programmed into unauthorized vehicles.The ‘garage•secured keypad code is used to open the gates.A common/global non•unauthorized access.LLC have also refused to adequately secure the gates, and prevent SpurwingMr. Hewitt & The Club at •traffic.further promote thruopeners to facilitate easier use of the road, and style’ remote gatehas provided ‘garageSpurwingThe Club at •subdivisions, ‘effectively’ creating a public road for all residents in the vicinity to use.Although the roadway is gated, the property owner & tenants have provided access to all residents in the adjacent •Blvd for the subdivisions to the west.Chindenway) to & from has promoted the use of the access road as a legitimate entrance (thruSpurwingThe Club at •it’s original intended purpose:LLC (as tenants) are operating the road outside SpurwingMr. Jock Hewitt (as owner), and The Club at •continuedExhibit 7 Greens & other subdivisions to the westSpurwingway to -legitimate thruThe Emergency Access Road (and Balata Ct) have been advertised & promoted as a •Greens BillboardSpurwing •continuedExhibit 7 are still opento catch the gates while they (creating a safety hazard) Vehicles also accelerate down Balata Ct •up to piggy back through the gates-Vehicles backed•Typical Scene During Peak Hours Exhibit 7 Balata Traffic: Vehicles/Hour– ACHD Balata Ct Traffic Study 01/31/20 –02/05/20: Weekdays Only 60 50 r u AVG = 40 40 o H r e p 30 MON s e l c TUE i h 20 e WED V FRI 10 0 m m mmmmmm m m m a apppppp a p p 9 1234567 0 1 2 1 1 - ------ 1 - - - - m mmmmmm m a m m pppppp m p 8 a a 123456 a 2 0 9 1 1 1 1 Exhibit 7 7pm: AVG = 1.3-10am & 3pm-8am Minutes Between Vehicles– ACHD Balata Ct Traffic Study 01/31/20 –02/05/20: Weekdays Only 4.0 3.5 s e l 3.0 c i h e V 2.5 n e AVG = 1.6 e 2.0 MON w t e b TUE 1.5 s e t WED u n 1.0 i FRI M 0.5 0.0 m m mmmmmm m m m a apppppp a p p 9 1234567 0 1 2 1 1 - ------ 1 - - - - m mmmmmm m a m m pppppp m p 8 a a 123456 a 2 0 9 1 1 1 1 Exhibit 7 Balata Traffic: Vehicles/Day– ACHD Balata Ct Traffic Study \[01/31/18 –02/06/18\] vs. \[01/31/20 –02/06/20\] 700 Weekdays Only +114 615615 vehicles/day 600 570 553 524 26% 487 500 Increase 443443 439 y 432 419 a 414 D r 400 e p FEB 2018 s e l c 300FEB 2020 i h e V 200 100 0 MONTUEWEDTHUFRIAVERAGE Public Presentations and supporting documents 7 . s I I i .... I Dear Olive Tree Homeowner: On January 26, 2021,the Meridian City Council is conducting a public hearing on the need for an emergency access for the Olive Tree subdivision. This road has already been approved by the City of Meridian. We believe that this road is vital to the safety and welfare of all Olive Tree residents. We are asking you to show your support for this emergency access road by doing one of two things: 1. Attend the Meridian City Council Meeting on January 26, 2021,at 6:00pm, in the Council Chamber at City Hall, 33 E Broadway Avenue, Meridian, OR 2. Sign a copy of this letter and return it to Patricia Liddell at Sentry Management and letters will be gathered and presented to the City Council Members. You can email a copy of the signed letter to lip ddellCsentrymgt.com,fax a copy to 208.853.1960,or drop it off at the Sentry office at the address below. Yes, I am I support of the need for the emergency access road at the west end of N. Crantini Road to ensure the safety and welfare of Iive Tree at Spurwing residents. i Homeowner Signature Please print name U . % r Lr� Ls Address rI Date Olive Tree at Spurwing Homeowners Association c/o Sentry Management•6149 N Meeker Place,Suite 150■ Boise, ID 83713 208.323,1080(office)• 208.853.1960(fax) i r, i ZV i Dear Olive Tree Homeowner: On January 26, 2021, the Meridian City Council is conducting a public hearing on the need for an emergency access for the Olive Tree subdivision. This road has already been approved by the City of Meridian. We believe that this road is vital to the safety and welfare of all Olive Tree residents. We are asking you to show your support for this emergency access road by doing one of two things: 1. Attend the Meridian City Council Meeting on January 26,2021, at 6:OOpm, in the Council Chamber at City Hall, 33 E Broadway Avenue, Meridian,OR 2. Sign a copy of this letter and return it to Patricia Liddell at Sentry Management and letters will be gathered and presented to the City Council Members. You can email a copy of the signed letter to pliddell@sentrymgt.com, fax a copy to 208,853.1960,or drop it off at the Sentry office at the address below. Yes, I am I support of the need for the emergency access road at the west end of N. Crantini Road to ensu e s fety and welfare of Olive Tree at Spurwing residents. Hom ow er Si ature V Please print name f Address Date"�7 Olive Tree at Spurwing Homeowners Association c/o Sentry Management•6149 N Meeker Place,Suite 150• Boise, ID 83713 208.323.1080(office) - 208.853.1960(fax) I i r Dear Olive Tree Homeowner: On January 26, 2021, the Meridian City Council is conducting a public hearing on the need for an emergency access for the Olive Tree subdivision. This road has already been approved by the City of Meridian. We believe that this road is vital to the safety and welfare of all Olive Tree residents. We are asking you to show your support for this emergency access road by doing one of two things: 1. Attend the Meridian City Council Meeting on January 26, 2021, at 6:00pm, in the Council Chamber at City Hall, 33 E Broadway Avenue, Meridian, OR 2. Sign a copy of this letter and return it to Patricia Liddell at Sentry Management and letters will be gathered and presented to the City Council Members. You can email a copy of the signed letter to pliddell@sentrymgt.com,fax a copy to 208.853.1960, or drop it off at the Sentry office at the address below. Yes, I am I support of the need for the emergency access road at the west end of N. Crantini Road to ensure the safety and welfare of Olive Tree at Spurwing residents. Homeo ner i nat re Please print me Addrress� Date Olive Tree at Spurwing Homeowners Association c/o Sentry Management■ 6149 N Meeker Place,Suite 150■ Boise, ID 83713 208.323.1080(office) • 208.853.1960(fax) i ; i R ! ,p Lcac�s Dear Olive Tree Homeowner: On January 26,2021,the Meridian City Council is conducti g a public earing on a need for an emergency access for the Olive Tree subdivision. This road has already been approved by the City of Meridian. We believe that this road is vital to the safety and welfare of all Olive Tree residents. We are asking you to show your support for this emergency access road by doing one of two things: 1. Attend the Meridian City Council Meeting on January 26,2021, at 6:OOpm,in the Council Chamber at City Hall,33 E Broadway Avenue, Meridian,OR 2. Sign a copy of this letter and return it to Patricia Liddell at Sentry Management and letters will be gathered and presented to the City Council Members. You can email a copy of the signed letter to lid ddell sntrym t coni,fax a copy to 208,853,1960,or drop it off at the Sentry office at the address below. Yes, I am I support of the need for the emergency access road at the west end of N.Crantini Road to ensure the safety and welfare of Olive Tree at.Spurwing residents. Homeowner Signature Please print name Address Date Olive Tree at Spurwing Homeowners Association c/o Sentry Management•6149 N Meeker Place,Suite 150•Boise, ID 83713 208.323.1080(office)•208.853,1960(fax) I i near Olive Tree Homeowner: On January 26,2021,the Meridian City Cuuntil is conducting a public:Iwardng on dw need for an emorpency access fur tic-Olivu Trve subdivision. This road has already been approved by the City of Meridian. We bx!lieve that this quad is vital to the s afely and w0fary of all Olive Tree residents, We are asking you to show your saipport for thiw emerl;enc:y arress rg3cl by doing one of two things: 1. Attend the merldiarl City Council r000thip on January 26,2021,at 6:00pm,in tho Cnrinril chambor at City Hall,33 E Brwj(iway Avonuo,Meridian,OR 2„ Sign a copy of this letter and return it to Patricia Liddell at Sentry Management and lottery will be gathered and poescntod to IN!City Cuuroril M4*714ers. You ran emoil;a ropy of the %ignwi letter to in rlili II,� is� �,7,� a,iba,tax a copy to 208.953.1960,or drop it off at tho Sentry office at the address balow. 0 Yes,I am I support of the need for the emergency access road at the w ost and of N.Crantini Road to(!ensure the sa(My and welfare.of Olive Tree.at Spurwing residents. Homeowner Signature M Ploaso print narrarr , Addr['s5 Dots Of ve-rrf?F.'ul StJUrwing Hoinvownprs As'soriation c/o Sentry Management-6149 N Meeker Place,Suite 150•noise,ID 83113 208.323.1090(o fto)•208.853.1960(fax} T a i I Dear Olive Tree Homeowner: On January 26,2021,the Meridian City Council is conducting a public hearing on the need for an emergency access for the Olive Tree subdivision. This road has already been approved by the City of Meridian. We believe that this road is vital to the safety and welfare of all Olive Tree residents. We are asking you to show your support for this emergency access road by doing one of two things: 1. Attend the Meridian City Council Meeting on January 26, 2021, at 6:OOpm, in the Council Chamber at City Hall, 33 E Broadway Avenue, Meridian, OR 2. Sign a copy of this letter and return it to Patricia Liddell at Sentry Management and letters will be gathered and presented to the City Council Members. You can email a copy of the signed letter to pliddell@sentrymgt.com,fax a copy to 208,853.1960, or drop it off at the Sentry office at the address below. G© Yes, I am I support of the need for the emergency access road at the west end of N. Crantini Road to ensure the safety and a re of Oliv r eat Spurwin residents. Homeowner Signature _ Please print name 5 Address Date Olive Tree at Spurwing Homeowners Association c/o Sentry Management■6149 N Meeker Place,Suite 150• Boise, ID 83713 208.323.1080(office)- 208.853.1960(fax) 1 i j 3'y i r � i Cr i y l r � � eel�s��� tease take� a� ns'�and tlo so /t is�mpantant to have pour volee gg On January 26,2021,the Meridian City Council is conducting a public hearing on the need for an � ;emergency access for the Olive Tree subdivision. This road has already been approved by the City of � Mer�d�an ���e be�i��e� ;� gad�s�rt�to�hesal�ety ar�d welfaJ'e of all Olive Tree residents. o ergcy access road by doing,one of two things: � 1anb 26,2C21,at 6 flOpm,�n the Council � p r ri deSen#ry�VCenagmentand letters irrak� a can email a copy of the e , r a 0 1 n 'g 1 G ,or drop it off afthe `9 ray�tin�Road w Please print name Ho owner Signature . � w Date � P..^.. „�.�,.,,... � " �.-=" -.✓�i' -'.ten ram. 'c r { i t i K f „ ( ►f you arr io de f e take ct moment and do so 1# s ortant to have your,voice � h�araT, a�+��r���� � ,uy�►�l�I b ' �' �fJ�a? �arec�z�te�►l �N On January 26, 2021, the Meridian City Council is conducting a public hearing on the need for an emergency access for the Olive Tree subdivision. This road has already been approved by the City of � Merrd�an, 1Ne k�el�e t �t� r ad � al to fihe safety and vuelfare of alI Olive Tree residents. u � %�iiernergerGy access road by doing one of two things: „ v cl ( eetn on January 26 202 'at:6:00 rn, in the Council 7 ay��4uenu�x Meridian, OR art L,� l at entry Management and letters h � v t ��Co n lUae is aers l�ou can emaii-a'copy,of the, t� oma acyo 2{ 8 853,1960, or drop it ofF at the gr o l�. Cr�n�lnl:R03(ii. Ho owner Signature Please print name i E Address pate l � I 7 f I I i i Dear Olive Tree Homeowner: On January 26,2021,the Meridian City Council is conducting a public hearing on the need for an emergency access for the Olive Tree subdivision. This road has already been approved by the City of Meridian. We believe that this road is vital to the safety and welfare of all Olive Tree residents. We are asking you to show your support for this emergency access road by doing one of two things: 1. Attend the Meridian City Council Meeting on January 26,2021,at 6:OOpm,in the Council Chamber at City Hall,33 E Broadway Avenue, Meridian,OR 2. Sign a copy of this letter and return it to Patricia Liddell at Sentry Management and letters will be gathered and presented to the City Council Members. You can email a copy of the signed letter to pliddell@sentrym tg com,fax a copy to 208.853.1960,or drop it off at the Sentry office at the address below. ZZ Yes, I am I support of the need for the emergency access road at the west end of N.Crantini Road to ensure the safet and a re of Oliv r e at Spurwin residents.Homeowner Signature _. Please print name Address Date Olive Tree at Spurwing Homeowners Association c/o Sentry Management•6149 N Meeker Place,Suite 150• Boise, ID 83713 208.323.1080(office)-208.853.1960(fax) i wP _. s� I if you have not responded to this,please take a moment and do so. It is important to have your voice heard, and your support would be greatly appreciates!! Dear Olive Tree Homeowner: On January 26, 2021,the Meridian City Council is conducting a public hearing on the need for an emergency access,for the Olive Tree subdivision. This road has already been approved by the City of Meridian. We believe that this road is vital to the safety and welfare of all Olive Tree residents. We are asking you to show your support for this emergency access road by doing one of two things: 1. Attend the Meridian City Council Meeting on January 26, 2021, at 6:OOpm, in the Council Chamber at City Hall, 33 E Broadway Avenue, Meridian, OR 2. Sign a copy of this letter and return it to Patricia Liddell at Sentry Management and letters will be gathered and presented to the City Council Members. You can email a copy of the signed letter to pliddell@sentrymgt.com,fax a copy to 208.853.1960,or drop it off at the Sentry office at the address below. Yes, I am I support of the need for the emergency access road at the west end of N. Crantini Road to ensure the safety and welfare of Olive Tree at Spurwing residents. __. -Ho eowner Signature Please print name Address Date! l Olive Tree at Spurwing Homeowners Association c/o Sentry Management■ 6149 N Meeker Place,Suite 150■ Boise, ID 83713 208.323.1080(office) - 208.853.1960(fax) ' - l � r ,_A K Dear Olive Tree Homeowner: On January 26,2021,the Meridian City Council is conducting a public hearing on the need for an emergency access for the Olive Tree subdivision. This road has already been approved by the City of Meridian. We believe that this road is vital to the safety and welfare of all Olive Tree residents. We are asking you to show your support for this emergency access road by doing one of two things: 1. Attend the Meridian City Council Meeting on January 26, 2021,at 6:00pm,in the Council Chamber at City Hall,33 E Broadway Avenue,Meridian,OR 2. Sign a copy of this letter,and return it to Patricia Liddell at Sentry Management and letters will be gathered and presented to the City Council Members. You can email a copy of the signed letter to pliddell@sentrymgt.com�fax a copy to 208.853,1960,or drop it off at the Sentry office at the address below. Yes, I am I support of the need for the emergency access road at the west end of N.Crantini Road to ensure the safety and we4l`are of Olive Tree at Spurwing residents. �'Fio eo per Si h . rr' Please print I� ®/ 2.0 , Address g. 1 / Date Lr 6' 4 1 /'700U 4. Thee Olive Tree at Spurwing Homeowners Association c/o Sentry Management-6149 N Meeker Place,Suite 150■ Boise,ID 83713 208,323.1080(office)•208,853.1960(fax) 7/tem 77 (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Ordinance No. 21-1913: An Ordinance (H-2020-0092 Goddard Creek Community) for Rezone of a Parcel of Land being Lot 2, Block 1 of Goddard Creek Subdivision as Filed in Book 114 of Plats at Pages 17060 through 17062 and a Portion of the SE % of the SW % of Section 26, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho; Establishing and Determining the Land Use Zoning Classification of 5.03 Acres of Land from R-4 (Medium Low Residential) Zoning District to R-15 (Medium High Residential) 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 Page 71 ADA COUNTY RECORDER Phil McGrane 2021-014124 BOISE IDAHO Pgs=4 KRISTINA LOWRY 01/27/2021 10:15 AM CITY OF MERIDIAN, IDAHO NO FEE CITY OF MERIDIAN ORDINANCE NO. 21-1913 BERNT, BORTON, CAVENER, BY THE CITY COUNCIL: HOAGLUN, PERREAULT, STRADER AN ORDINANCE (H-2020-0092 GODDARD CREEK COMMUNITY) FOR REZONE OF A PARCEL OF LAND BEING LOT 2, BLOCK 1 OF GODDARD CREEK SUBDIVISION AS FILED IN BOOK 114 OF PLATS AT PAGES 17060 THROUGH 17062 AND A PORTION OF THE SE '/4 OF THE SW '/4 OF SECTION 26, TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN,ADA COUNTY,IDAHO; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF 5.03 ACRES OF LAND FROM R-4 (MEDIUM LOW RESIDENTIAL) ZONING DISTRICT TO R-15 (MEDIUM HIGH RESIDENTIAL) 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. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for re-zoning by the owner of said property, to-wit: SI Construction. SECTION 2. That the above-described real property is hereby re-zoned from R-4(Medium Low Residential) Zoning District to R-1.5 (Medium High Residential) Zoning District in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to re-zone said property. SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 6. All ordinances,resolutions,orders or parts thereof in conflict herewith are hereby repealed,rescinded and annulled. Page 72 RE-ZONE ORDINANCE—GODDARD CREEK COMMUNITY-H-2020-0092 PAGE 1 OF 3 SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned,with the following officials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half(1/2)plus one(1)of the Members of the full Council,the rule requiring two (2) separate readings by title and one(1)reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 26th day of January 2021. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN,IDAHO,this 26th day of January , 2021. MAYOR ROBERT E. SIMISON ATTEST: CHRIS JOHNSON, CITY CLERK STATE OF IDAHO, ) ) ss: County of Ada ) On this 26th day of January 2021, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT E. SIMISON and CHRIS JOHNSON 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. Notary Public for Idaho Residing At: Meridian, Idaho My Commission Expires: - -2 22 PAGE 2 OF 3 i Item#5. CERTIFICATION OF SUMMARY: William L.M.Nary, City Attorney of the City of Meridian, Idaho,hereby certifies that the summary below is true and complete and upon its publication will provide adequate notice to the public. i 3 f t I William L. M.Nary, City Attorney SUMMARY OF CITY OF MERIDIAN ORDINANCE NO. 21-1913 An ordinance (H-2020-0092 Goddard Creek Community) for the rezone of a tract of land as defined in the map published herewith; establishing and determining the land use zoning classification from R-4 (Medium Low Residential) Zoning District to R-15 (Medium High Residential) 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 an effective date. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Broadway Avenue, Meridian, Idaho. This ordinance shall be effective as of the date of publication of this summary. [Publication to include map as set forth in Exhibit B.] RE-ZONE ORDINANCE—GODDARD CREEK COMMUNITY-H-2020-0092 PAGE 3 OF Pagej4 Item#5. Exhibit A Rezone Legal Description RE-ZONE DESCRIPTION FOR R15 ZONP GODDARD CREEK TOWNHOUSE SUBDIVISION Lot 2, Block 1 of Goddard Creek Subdivision as filed in Book 114 of Plats at Pages 17060 through 17062 and a portion of the SE 114 of the SW 114 of Section 26, TAN., R.1W., B.M., Meridian,Ada County, Idaho more particularly described as follows: BEGINNING at the NW corner of said Lot 2; thence along the along the North boundary line of said Lot 2 South 88°58'36" East,476.28 feet to the NE corner of said Lot 2; thence along the easterly boundary line of said Lot 2 the following 5 courses and distances: thence South 00'31'17"West, 107.36 feet; thence 7.85 feet along the arc of a non-tangent curve to the right,said curve having a radius of 30.00 feet,a central angle of 14°59'49"and a long chord which bears South 08°06'33"West, 7.83 feet; thence South 15°36'33"West,96.54 feet; thence 131.94 feet along the arc of a non-tangent curve to the left,said curve having a radius of 252.00 feet, a central angle of 29°59'51"and a long chord which bears South 00°36'25"West, 130.43 feet; thence South 14°23'27"East, 58.02 feet; thence continuing along the easterly boundary line of said Lot 2 and the southerly extension thereof South 00°37'38"West,78.37 feet to a point on the South boundary line of said Section 26; thence along said South boundary line North 88°58'46"West,408.83 feet; thence leaving said South Boundary line and along the West boundary line of said Lot 2 and the southerly extension thereof North 01°01'14" East,473.31 feet to the POINT OF BEGINNING. Containing 5.03 acres, more or less. SfD G•F4 a ' 7729 sy. 5�13�I�to OF kD�� �'oRY G.CP Goddard Creek Community H-2020-0092 page 1 Page 75 Item#5. Exhibit B Exhibit Map W. SELWAY RAPIDS LN. _S68'58'36°E 476.28'_ ----T'�REAL POINT � OF BEGINNING i1 r_{� 0 C1 1 } [7 U BLOCK 1 0 WI 5.03 ACRES o � n Z{ N Z { 1 S14'23'27"E --58.02' {--50'37'38"W - 78.37' T_-- ---. -� W. McMILL.AN RD. -_� - --- P N88'58'41_"W 468.83'- dv CURVE TABLE CURVE RADIUS LENGTH CHORD DIST. CHORD BRG. DELTA C1 30.00 7.85 7.83 NB'06'33"E 14'59'49" `] L' C2 252.00 131.94 130.43 SO'36'25"W 29'59'51" P LA s 4 GAG F 25 100 300 a- 7729 � 0 50 200 (P 5f I3)I°i ZO P SCALE: 1 = 100' OF k c`Gg4YG cP�`��� 49-09] • R dLll.• JOB N0. IDAHO EXHIBIT DRAWING FOR 19-093 9956 W.EMERALDST. R15—REZONE DESCRIPTION SHEET NO. SURVEY BOISE,IDAHO 63701 (20a)696.6570 GODDARD CREEK TOWNHOUSE SUBDIVISION GROUP, LLC LOCATED IN THE SE 1/4 OF THE SW 1/4 OF SECTION 26,T.4%,R.1W.,B.M.. DWG'DATE MERIDIAN,ADA COUNTY.IDAHO $/13/2019 Eil 9 Goddard Creek Community H-2020-0092 page 1 Page 77 7/tem 77 (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Ordinance No. 21-1914: An Ordinance (H-2020-0097 —2810 E. Franklin) for Annexation of a Parcel of Land Situated in a Portion of the Southeast % of Section 8, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, as Described in Attachment "A" and Annexing Certain Lands and Territory, Situated in Ada County, Idaho, and Adjacent and Contiguous to the Corporate Limits of the City of Meridian as Requested by the City of Meridian; Establishing and Determining the Land Use Zoning Classification of 1.006 acres of Land from RUT to C-G (General Retail and Service Commercial) 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 Page 79 ADA COUNTY RECORDER Phil McGrane 2021-014147 BOISE IDAHO Pgs=4 KRISTINA LOWRY 01/27/2021 10:28 AM CITY OF MERIDIAN, IDAHO NO FEE CITY OF MERIDIAN ORDINANCE NO. 21-1914 BERNT, BORTON, CAVENER, BY THE CITY COUNCIL: HOAGLUN, PERREAULT, STRADER AN ORDINANCE (H-2020-0097—2810 E. FRANKLIN) FOR ANNEXATION OF A PARCEL OF LAND SITUATED IN A PORTION OF THE SOUTHEAST'/4 OF SECTION 8, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN,ADA COUNTY, IDAHO, AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF 1.006ACRES OF LAND FROM RUT TO C-G (GENERAL RETAIL AND SERVICE COMMERCIAL) 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. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit"A" are within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re-zoning by the owner of said property, to-wit: Daniel Eisenring. SECTION 2. That the above-described real property is hereby annexed and re-zoned from RUT to C-G (General Retail and Service Commercial) Zoning Districts in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re-zone said property. SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed,rescinded and annulled. ANNEXATION ORDINANCE—2810 E.Franklin(H 2O20-0097) Page I of 3 Item#6. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half(1/2) plus one (1) of the Members of the full Council,the rule requiring two(2)separate readings by title and one(1)reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 26th day of January , 2021. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO,this 26th day of January , 2021. MAYOR ROBERT E. SIMISON ATTEST: CHRIS JOHNSON, CITY CLERK STATE OF IDAHO, ) ) ss: County of Ada On this 26thday of January ,2021,before me,the undersigned,a Notary Public in and for said State,personally appeared ROBERT E.SIMISON and CHRIS JOHNSON 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. NOTARY PUBLIC FOP,IDAH RESIDING AT: Meridian, I aho MY COMMISSION EXPIRES: 3-28-2022 Item#6. CERTIFICATION OF SUMMARY: William L.M.Nary, City Attorney of the City of Meridian, Idaho,hereby certifies that the summary below is true and complete and upon its publication will provide adequate notice to the public. I William L. M. Nary, City Attorney SUMMARY OF CITY OF MERIDIAN ORDINANCE NO. 21-1914 An Ordinance (H-2020-0097 — 2810 E. Franklin) for annexation of a parcel of land situated in a portion of the Southeast 1/4 of Section 8, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho as defined in the map published herewith; establishing and determining the land use zoning classification of 1.006 acres of land from RUT to C-G (General Retail and Service Commercial) zoning district; 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 an effective date. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Broadway Avenue, Meridian, Idaho. This ordinance shall be effective as of the date of publication of this summary. [Publication to include map as set forth in Exhibit B.] ANNEXATION ORDINANCE—2810 E.Franldin(H 2O20-0097) Page 3 of 3 Page 82 Item#s. EXHIBIT A &am 9233 WEST STA-f STREET 1 1301SE,ID 83714 1 X&699.6939 I FAX 208.639.59313 September 22,Z020 Project No,20-113 Exhibit A Legal Descrlptian for Annexat ion and Rezone to GG A parcel of land situated In a portion of the Southeast 1/4 of Section 8,Township 3 North,Range 1 East, B.M.,Ada County, Idaho and being mare particularkydescrlbedas faliows= Commenting at a found brass cap marking the Southeast cornet of said Sectlon S.which bears M89"54'351W is distance of 2,571.03 f-et from a found brass rap marking the South 1/4 corner of said Section 8; Thence following the southerly IIne of said Southeast 1/4,N89'54'3V'VV a distame of 1,171.19 feet to the POINT OF BEGINNING. Thence following said southerly line,N89'S4'35"W a distance of 152.04 feet; Thence leaving said southerly line, N07"12'38"E a distance of 290,38 feet to a found 1/2-inch rebaron th a bounds ry 11 ne of Olson a nd Bush Subdivision Na_3{Book 107,Pages 14,905-14,907 of Plats); Thence fol lowi mg said subdivision bounda ry line the following two(2)caurses= 1, 589`S$'15" a distance Df 149,84 feet to a found 5/8-inch reba r; 2. 500*13'25"E a distance of 29C154 feet to the PINNIT OF BEGINNING. Said parcel contains 1,C06 a tees,more or less,a nd is subject to al I exi sti ng easeme itits a nd/or rights-o F- way of record or implied. All subdivisions,deeds,records of surveys,and other instruments of record referenced herein are recorded daa-nent5 of the county in which these described lands are situated In. Attached hereto is ExhNt B and by the reference is hereby made a part of. L iq,p. C 662 U, KE ENGINEERS SURVEYORS PLANNERS 2810 E. Franklin-Exhibit A Page 83 Item#s. EXHIBIT B Olson-ond hush Suhdi0sion tdo-3 r Lat 8 LW 9 —F 89'58'15"E 149.84' cENs `ti Q 0 — w 0 0 0 CD $atona Area; I.006+-AG N Unpl@hE!d LFJ APN;51108449" W Lat i l CufrertZonF RUT R sLloaa�asas m Zoning, ?*7 Proposed Zaning,GG N o � p z u} M� —iR/'R FII'W R/W- FrjV $ 1247.80' PO4NT OF 19MANNING 1171.19' 8 9 N89'54'W NI 152,04' — 17, i6 S t/4 CORNER S=0N S BASIS OF BEWING POINT OF COMMEROWENT FOUND BRASS E. Fr €IkIRn Rd. SE CORNER 5EC110N S PER O2,91 INS-, - 104161694 LEGEND FOUND BRASS CAP "PL.S �291 42�04" D 50 10D J50 FOUND BRASS CAP 5/5—INCH MAR Plan Scale:1"=50' O 1 f2—INIGH KEAR CALCULAsTF.D FONT REZONE BOUNDARY —EX1571h1G RIGHT—OF—WAY — — —SECTICtq LIME ENGINEERING — ADJACENT BOUNDARY LINE 9233 WEST STATE ST3IEET WIU.IPAHO03714 PHONE I208}E39a;aa3 EXHIBIT B o.+,tE; bri E+�2o enjdIP.mm ANNEXATION AND REZONE TO C- RKMErh 34113 SHEET; A PORTION OF THE S 1f 2 OF THE SE 114 OF 1 OF 1 .SECTION 8,T314, R1E, ADA COUNTY, IDAHO 2810 E. Franklin—Exhibit B Page 84