2013-03-26~ ®1 r~ r I f3 ti v -x
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IY C U IL E ULA
I A N
Tuesday, arch 6, 2013 at 7:00 P
1. Roll-Call Attendance
® David Zaremba Brad Hoaglun
Charlie Rountree _ Keith Bird
® ®Mayor Tammy de Weerd
Pledge of Allegiance
3. Community Invocation by Pastor Pearson
Approve Minutes of March 12, 2013 City Council orkshop
Meeting
C. CableO Movie Night in Meridian 2013 Single-Night
Sponsorship Agreement Between Hart's Martial Arts Studio
and the City of Meridian fora Not-to-Exceed Amount of
$700.00
CableOE Movie Night in Meridian 2013 Presenting
Sponsorship Agreement Between Yogurtz and the City of
eridian for aNot-to-Exceed Amount of $2,000.00
Meridian Teen Movie Night 2013 Presenting Sponsorship
Agreement Between Idaho Meth Project and the City of
Meridian for aNot-to-Exceed Amount of $750.00
Meridian Teen Movie Night 2013 Presenting Sponsorship
Agreement etween Yogurtz and the City of Meridian for aNot-
to-Exceed Amount of $750.00.00
Meridian City Council Meeting Agenda -Tuesday, March 26, 2013 Page 1 of 4
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing,
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
Community Items/Presentations
Continued from March 5, 2013: airy Days vent and Parade
Discussion
7. Items Moved From Consent genda
apartment Reports
Mayor's ffice: ayor's Youth visory Council ( YAC)
Update
Communication Manager: Budget Amendment for Annual
Report and City Council Election Distribution for aot-to-
xcee mount of $11,000.00 r v
Action Items
C. Public Hearing: MD 13-002 Red ing Subdivision by H
Moore Company Located Southeast Corner of ., Meridian
Road (H 69) and . Victory Road Request: Modification to the
Cavanaugh Development Agreement to Exclude the Subject
Property from the Agreement v
Public Hearing: 13-002 Red Wing Subdivision by WH Moore
Company Located Southeast Corner of S. Meridian Road (SH
69) and Victory Road Request: Rezone of 32.87 Acres of
Land from the C-N and T-C Zoning Districts to the R-4 (16.55
Acres) and -15 (16.32 Acres) Zoning Districts
Meridian City Council Meeting Agenda -Tuesday, March 26, 2013 Page 2 of 4
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing,
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
r 1 i r
J. Public Hearing on Ordinance No. 13-1547: n Ordinance
Amending Meridian City Code Section 10-1-3 and 10-5-2
Adding Local Amendments to the International Building Code,
International Mechanical Code, and International Residential
Code, Prohibiting Natural Draft Systems in Occupiable Spaces
in all Residential Occupancies, Requiring Carbon Monoxide
Meridian City Council Meeting Agenda -Tuesday, March 26, 2013 Page 3 of 4
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing,
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
Alarms in New and xitin welling Establishing
Requirements for Carbon onoxide Alarms li i
i //
10. Continued ®ertment sports
Clerk's Office: iscussion on Room eservation olicy
i / /
. Clerk's Office: Proposed Temporary Use Code Update - Lare-
Scale Special Events i ~ 1~~~°
11. Future Meeting Topics
12. . xecutive Session Per Idaho State Code
7-2345 (1)(f): To Consider and Advise Its Legal Representatives in
Pending Litigation
u xecutive a ion 1 : 5 r~` ~7
® e _'~`
Meridian City Council Meeting Agenda -Tuesday, March 26, 2013 Page 4 of 4
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing,
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
Meridian City Council March 26, 2013
A meeting of the Meridian City Council was called to order at 7:00 p.m., Tuesday, March
26, 2013, by Mayor Tammy de Weerd.
Members Present: Mayor Tammy de Weerd, Charlie Rountree, David Zaremba, Keith
Bird, and Brad Hoaglun.
Others Present: Bill Nary, Jaycee Holman, Jacy Jones, Bruce Chatterton, Sonya
Watters, Bill Parson, Tracy Basterrechea, Perry Palmer, Warren Stewart, Steve
Siddoway, Bruce Freckleton and Dean Willis.
Item 1: Roll-call Attendance:
Roll call.
X David Zaremba X Brad Hoaglun
X Charlie Rountree X Keith Bird
X Mayor Tammy de Weerd
De Weerd: Well, I would like to welcome all of you to our City Council meeting. It's nice
to see so many faces out in the audience. For the record it is Tuesday, March 26. It's
7:00 o'clock. We will start with roll call attendance, Madam Clerk.
Item No. 2: Pledge of Allegiance
De Weerd: Item No. 2 is the Pledge of Allegiance. If you will all rise and join us in the
pledge to our flag.
Item 3: Community Invocation by Pastor Pearson
De Weerd: Item No. 3 is our community invocation. Tonight we will be led by Pastor
Michael Pearson with the Seventh-Day Adventist Church on Black Cat. If you will all
join us in the community invocation or take this as an opportunity for a moment of
reflection. Welcome, pastor.
Pearson: Thank you. Oh Mighty God, at this time we pause to ask for a piece of your
wisdom that in all of our deliberations tonight we might act with grace and empathy, find
the common ground and the common good. We pray that our deliberations here tonight
will greater strengthen your ability to bless the City of Meridian, this great state of Idaho,
and the United States of America, we ask in Jesus' name, amen.
Item 4: Adoption of the Agenda
De Weerd: Thank you. Item No. 4 is Adoption of the Agenda.
Hoaglun: Madam Mayor?
Meridian City Council
March 26, 2013
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De Weerd: Mr. Hoaglun.
Hoaglun: A couple of items for tonight. Under 8-A, Department Reports, there is a
request to vacate that item for tonight's -- from tonight's agenda and also we need to
add an item at the very end of the agenda, an Executive Session under Idaho Code 67-
2345(1)(f), which is to consider litigation. And so with that, Madam Mayor, I move
adoption of the agenda as amended.
Rountree: Second.
De Weerd: I have a motion and a second to adopt the agenda as amended. All those
in favor say aye. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Item 5: Consent Agenda
A. Approve Minutes of March 12, 2013 City Council PreCouncil
Meeting
B. Approve Minutes of March 12, 2013 City Council Workshop
Meeting
C. CableONE Movie Night in Meridian 2013 Single-Night
Sponsorship Agreement Between Hart's Martial Arts Studio
and the City of Meridian for aNot-to-Exceed Amount of
$700.00
D. CableONE Movie Night in Meridian 2013 Presenting
Sponsorship Agreement Between Yogurtz and the City of
Meridian for aNot-to-Exceed Amount of $2,000.00
E. Meridian Teen Movie Night 2013 Presenting Sponsorship
Agreement Between Idaho Meth Project and the City of
Meridian for aNot-to-Exceed Amount of $750.00
F. Meridian Teen Movie Night 2013 Presenting Sponsorship
Agreement Between Yogurtz and the City of Meridian for aNot-
to-Exceed Amount of $750.00.00
De Weerd: Item 5 is our Consent Agenda.
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Meridian City Council
March 26, 2013
Page 3 of 95
Hoaglun: I move we approve the Consent Agenda and the Mayor to sign and Clerk to
attest.
Rountree: Second.
De Weerd: I have a motion and a second to approve the Consent Agenda. Madam
Clerk, will you call roll.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Item 6: Community Items/Presentations
A. Continued from March 5, 2013: Dairy Days Event and Parade
Discussion
De Weerd: Item No. 6 under Community Presentations, we have a continued
discussion with the Dairy Show Board, Hans, about our Dairy Days event and parade.
Bruijn: Thank you for the opportunity to come back here. We had -- one of our board
members Marty Hill had a chance to meet with the construction firm with ACHD and I
will give just a short report.
De Weerd: Okay. Thank you, Hans. And, Marty, just for the record if you will state
your name.
Hill: Thank you. Marty Hill with the Meridian Dairy Show Board.
De Weerd: Thank you.
Hill: Madam Mayor, Councilmen, I appreciate the minute here to kind of bring you up to
speed on the dairy parade. I met with Jeff from Central Paving March 15th, along with
Adam and Brian from ACHD at the project manager's headquarters here. We
discussed different options for the parade. I talked with Jeff to see where he would be
at -- where he thought he would be at with the parade -- or with the Meridian Road
construction and when it was all said and done I went back to the board and talked to
them and part of our reasoning for -- we are going to cancel the parade this year. Part
of our reasoning that we want to cancel the parade is because of the liability chance
with talking with Jeff and also Adam and Brian, getting input from those two, and kind of
the scenario we are looking at if they -- you know, somebody comes across Meridian
Road, they are parked on the west side of Meridian Road, they walk across Meridian
Road and they stumble on a rock and break their knee, twist their ankle, whatever, it's a
Meridian City Council
March 26, 2013
Page 4 of 95
liability problem and the more we looked at it when I went back to the board last
Wednesday and talked to the Dairy Board about it, we just decided maybe we would be
better off to cancel for this year and, then, go for it next year. So, any questions?
De Weerd: Well, Marty, I guess I thought we would also have a discussion on alternate
routes. Was that not --
Hill: We -- Madam Mayor, we did look at an alternate route and the alternate route
consisted of -- from Water Tower at Zamzow's, down in front of the speedway, turn onto
Franklin, go down Franklin eastbound to Atkins, and north -- excuse me -- south on
Atkins. But we all also -- what we were concerned about is the traffic in front of
Meridian speedway slash Les Schwab Tire, the one way. It was our understanding that
we need to pretty much keep one lane of traffic open, so people can go north to Franklin
and turn west onto Franklin. The thing that scared us with that part of it was when the
parade makes its turn and heads down to Franklin, if they are throwing candy out and
little kids -- and we just didn't feel it would be safe. We looked at trying to put it back
into the speedway like we used to do years and years ago and line up in the speedway
and come out, but, then, we thought, gosh, here we are, we are back, we are going to
have to either come out, do a right and do a right or do a really hard right and go back
through the park and come out by the chamber of commerce office on Franklin. We just
felt that it was just going to be too much of a problem. Did that answer your question?
De Weerd: Unfortunately.
Hill: We looked at different scenarios, Mayor, from setting up over at the Meridian
school district slash ISU and coming around in front of POST and down Stoddard -- or
turn onto Water Tower and go down to Main Street at Zamzow's, turn right, back around
Franklin, but we just -- the real catcher with us is we felt that that Main Street right there
at the speedway slash Les Schwab, was just going to be too much of a problem and
safety issue with kids and stuff.
De Weerd: Council, any comments or questions?
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: Marty and Hans, I know how difficult that decision must have been for you
guys and I appreciate the reason and the analysis you went through to come to that
conclusion and, hopefully, between you all and the energies that you have yet for the
Dairy Days and the Dairy Day Parade and the city and any other partner we can pull
together next year, we can have a resurrection and maybe a more than normal grand
ceremony of the start of the new Dairy Days.
Bruijn: I think what we -- one of the things we looked at -- if this was going to be bad it
would have taken a lot longer to get this parade back than by just cancelling it one year.
Meridian City Council
March 26, 2013
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The important thing is what we want to do -- we would like to get a joint new statement
from both the city and the dairy board, so where everybody is on the same page,
nobody is blaming the other for not having the -- you know, having a joint press release
and we can work -- you know, I can work with whoever you want me -- but we need to
get it out fairly quick.
De Weerd: Okay. My office will contact you tomorrow.
Bruijn: Okay. That sounds good. And you have got my cell phone and we will get this
done and -- yeah, we really -- it was a long meeting and we -- but we finally came to the
decision that it's just -- it was just not -- it's not going to work this year and it's very
unfortunate. We are looking at maybe doing something else on Friday night to draw
people in. We will work with the speedway and see what we can do there.
De Weerd: Well -- and, certainly, if we can help in any fashion we would like to help
with getting it out on social media and seeing how we can help you in that regard.
Bruijn: Right. It just looked like we would have too much trouble with people finding
parking in that route that we looked at. So, we just decided to go that way, so -- but it
was not easy.
De Weerd: I don't imagine it was. This is along-standing tradition of our community
and one -- when we see the crowds that turn out, I think the whole city turns out.
Bruijn: And that's what we were worried about. You know, they were trying to find
places, you know, along Franklin and Water Tower and, then, if there is too many
people that they couldn't find parking, the negative response may have been a lot worse
than by just cancelling it, so --
Hoaglun: And, Madam Mayor and Hans, I wanted to ask about some of the other
activities associated with the Dairy Days. Of course it's going to have the carnival still
going on and some of those activities. Since I married into royalty, you know, I married
a dairy princess, so are you still going to be doing that?
Bruijn: Oh, yes.
Hoaglun: Okay.
Bruijn: Everything else will still be going on. We -- we will be bringing back the crafts
and the arts or the booths, vendors in the park, both on Friday and Saturday and we
have kind of taken control over that. I think we are going to have some nice
entertainment on Saturday. We have got the Boise community bands coming in, we
have got some local youth bands that like to perform. So, we are really trying to move
this hard to make up for the lost parade, so --
Meridian City Council
March 26, 2013
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De Weerd: Well, when we call tomorrow maybe we can find out what the events are
and we can see how we can help promote those.
Bruijn: Right. So, thank you for your time.
De Weerd: Okay. Thank you.
Zaremba: Madam Mayor?
De Weerd: Oh, Mr. Zaremba.
Zaremba: I just wanted to add that thanks to all of you for all the thoughts that you have
put into it. I know this is a tough decision. But also just to make sure at anytime you're
talking to anybody that you're saying that the parade isn't going to happen this year and
you're promoting the other events, which are going to happen, make sure you say we
are going to have the parade next year, so -- that's an important thing to -- for people to
hear right away.
De Weerd: And we can all blame ACHD, so --
Zaremba: Thank you.
De Weerd: Just -- right? Justin? Adam?
Bird: I don't think ACHD asked to get these streets changed.
De Weerd: I think maybe we will work with Brian, your office, and see how we can help
promote it as well. Thank you for being here.
Item 7: Items Moved From Consent Agenda
De Weerd: Okay. There were no items moved from the Consent Agenda.
Item 8: Department Reports
A. Mayor's Office: Mayor's Youth Advisory Council (MYAC)
Update
De Weerd: So, we move into Item 8, Department Reports. The first one we will vacate
to a later City Council agenda.
B. Communication Manager: Budget Amendment for Annual
Report and City Council Election Distribution for aNot-to-
Exceed Amount of $11,000.00
Meridian City Council
March 26, 2013
Page7of95
De Weerd: So, we will get to Item 8-B and, Natalie, you're on. Well, Natalie, you're the
one that's going to contact Hans tomorrow.
Podgorski: Madam Mayor, Members of the Council, I'm coming before you tonight,
because we are requesting a budget amendment not exceed 11,000 dollars to design,
print, distribute the annual report, as well as election information on the May election to
all of Meridian residents. So, we have already put out an RFQ and we have received
two bids back and both of those bids come in under the 11,000 dollar mark.
De Weerd: Okay. Council, you do have the information in front of you. Any questions
for Natalie?
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Hoaglun: I move approval of the budget amendment for the annual report and City
Council election distribution for a not to exceed amount 11,000 dollars.
Bird: Second.
Zaremba: Second.
De Weerd: I have a motion and a second. Any discussion from Council? Madam
Clerk, will you call roll
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Item 9: Action Items
A. FP 13-005 Spurwing Challenge Subdivision by The Club at
Spurwing, LLC Located Near the Northwest Corner of Chinden
Boulevard and N. Linder Road Request: Final Plat Approval
Consisting of Twenty-Three (23) Single Family Lots and Four
(4) Common/Other Lots on Approximately 58.25 Acres in an R-
8Zoning District
De Weerd: I like that low voice you got going on there, Madam Clerk. Okay. Item 9-A
is final plat 13-005. I will turn this over to staff for their comments.
Parsons: Thank you, Madam Mayor, Members of the Council. First item on the agenda
this evening is the Spurwing Challenge final plat application. The plat consists of 58.25
Meridian City Council
March 26, 2013
Page 8 of 95
acres of land. Is currently zoned R-8 and is located on the north side of Chinden
Boulevard, just west of North Linder Road. This project was before you in 2011 and
had a various slough of approvals on it. At that time the subdivision did show the same
amount of lots as presented to you this evening, 23 residential lots and, then, three
common lots as well. If Council recalls, the -- they approved a variance access to allow
the existing Spurwing Way to remain open as a right-in, right-out only access point and
a new roadway was to be constructed with the subdivision that was to align at the half
mile consistent with the UDC. The final plat before you this evening still has that half --
or that roadway being constructed at the half mile, but the applicant has since vacated
that right of way for North Spurwing Way and is proposing a private street this evening
and that's what's shown here as a common lot, which would terminate within 450 feet.
Here is the approved landscape plan. Again, the common lots will develop as a nine
hole executive golf course. Within that golf course lots will be the 30 foot wide
landscape buffer required by ordinance. I would mention to Council that the open space
is far -- far exceeds the requirement -- ten percent requirement for the UDC, given the
nature of the use that will occur on the property. Staff has received written confirmation
from the applicant. They do have concerns with several conditions in the staff report
that I will detail with you. The first condition would be Condition No. 5. Because -- at
the time that this project came before you ITD required a hundred feet of right of way
measured from the center line of Chinden Boulevard. This current plan in front of you
shows that that right of way is to be landscaped -- not even landscape, but, basically, 40
feet of gravel rock along the shoulder. Under the UDC we require a minimum of a ten
foot -- maximum of a ten foot gravel shoulder and the rest must be vegetated and
landscaped and the project has been conditioned as such. I would point out to Council
that this is a code requirement and we don't -- staff doesn't have the authority to waive
that requirement. The other item is -- goes back to the private street standards. Under
-- a few years ago the planning director came before you and modified the private street
standards to allow a gated street for residential subdivisions. This segment of roadway
will be a gated private street. Currently the gate location that's on the plan here, which
is located on this line here, isn't in the current location. It needs to be 50 feet from the
edge of the public street right of way and they have been conditioned to comply with
that. The other requirement -- the trade-off for having a gated street is that we still want
folks to maintain that pedestrian connectivity and bicycle access through the
development. We recognize that this is an executive golf course, we don't want folks
riding their bikes or walking through the golf course during the evenings, but,
unfortunately, this was one of the trade-offs that we brought forward to you when we
required a gated community. The applicant has decided they didn't want -- they want
relief from that standard. Again, this is a code requirement. We don't have the authority
to waive that requirement. Staff believes that they could provide connectivity along the
west boundary here of the roadway or off this segment here is an eight foot sidewalk
that was constructed with the Spurwing Subdivision back in 1990. The applicant could
leave that in place and provide that connectivity. It would allow them to connect to the
ten foot pathway along Chinden Boulevard and also get them to -- along to these lots as
well and also to the clubhouse and the amenities planned with this subdivision. The
applicant could also narrow the street segment, dead end it in a cul-de-sac and provide
a parkway and a detached sidewalk on the east side of the roadway and still meet the
Meridian City Council
March 26, 2013
Page 9 of 95
ordinance. Again, staff has no flexibility to these standards. We believe there are some
options and some flexibility on the ordinance to work with the applicant on this. Other
than those two conditions, staff is recommending approval to you this evening and at
this time I'd stand for any questions you have.
De Weerd: Thank you, Bill. Council, any questions?
Bird: Not at this time.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: Bill, with respect to the right of way on Chinden, there is -- the request is for
a hundred foot setback from the center line, correct? So, what's the status of that
property? Has it been sold to ITD? Is it going to be gifted to ITD? Does it remain in the
-- as a common lot in the subdivision until such time as Chinden is widened?
Parsons: Madam Mayor, Members of the Council, it is not platted as a common lot with
the subdivision before you this evening. I don't know exactly the status with ITD. My
understanding is they were going to deed it to ITD and, then, move forward from there
and, then, just gravel it and hold it in perpetuity until the road widening. But I think ITD
will be the owner of that right of way in the future. But I think the applicant could clarify
where they are at in the process with ITD.
Rountree: Thank you.
De Weerd: Would the applicant like to make comment? Good evening. If you will,
please, state your name and address for the record.
Larsen: Thank you, Mayor, Members of the Council. My name is Cornell Larsen. My
address is 210 Murray in Boise and I'm here tonight representing the Club at Spurwing.
As you remember when we came before you a year or so back there was a request on
Council's part and on the part of the fire department to see if we could eliminate the
Spurwing access. We have been pretty successful in doing that. We have had
cooperation from your staff here, ACHD, ITD and the county engineer to accomplish
that, so the existing Spurwing access will eventually be closed off from Chinden and the
access will be taken through the Long Lake lighted intersection where it was desired by
all parties. As part of doing that we looked at going to a private street for those five lots
and closing off the access along there. One of the conditions that we have seen from
most of these is to provide berming along there to protect those lots from noise that is
received from Chinden. So, our hope was to not extend the sidewalk under condition
ten, bullet point three, that would go out to Chinden, because it would leave a gap in
that berm and would open that noise up to the residents of those potentially five lots.
We could certainly put a cul-de-sac on that walk or potentially even take one down the
east side of that private drive, but our desire would be not to connect it out to Chinden at
Meridian City Council
March 26, 2013
Page 10 of 95
this point in time. And, then, the other item that Bill had mentioned was item number
five. It's our intent right now, since ACHD has changed -- or not -- excuse me -- ITD has
changed some of their standards to allow us to use a 70 foot dedication from center
line, that we will probably modify our plat and use that 70 foot dedication. That would
give us some more landscape along Chinden on the golf course property that we could
expand and get a little more greenery out there along the street and, then, in addition to
that we could certainly put some landscaping on the -- on the ITD right of way. What we
would like to propose is using a 20 foot wide compacted gravel edge, instead of ten and
that allowed us to use the larger golf course sprinkler heads to reach that and we'd only
have one row of heads up along the sidewalk, so in the event they did widen that road
we wouldn't be losing a lot of landscape and a lot of irrigation that's currently going to be
tied into the golf course. So, those were our two items of concern. We are happy to
report that we have got that access closed. To answer Councilman Rountree's question
about the right of way, we will deed that right of way to ITD in an effort to accomplish all
the things that need to happen to complete the vacation, do the right of way exchange
with ACRD and to keep ITD in line with the project where they want to be. So, I would
be happy to answer any questions if you had those.
De Weerd: Thank you. Council, any questions?
Bird: I have none, Mayor.
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Hoaglun: Cornell, just on that --the sidewalk. Ever thought of having the berm and just
having that sidewalk come up at an angle, be over the top, and, then, come down at an
angle or -- and still have the berm for the sound protection, but still have the access?
Larsen: We could probably certainly do that, but we got some pretty steep berms in
there along that edge and the access is probably not necessarily compatible with ADA
requirements, but I'm not sure we necessarily have to meet those requirements on that
sidewalk. But in reality it's -- it will be a fairly steep berm there that was planned.
Hoaglun: Okay.
De Weerd: Anything further from Council?
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: As an alternate, what is the sidewalk or pathway construction adjacent to the
new North Long Lake Way?
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March 26, 2013
Page 11 of 95
Larsen: Madam Mayor, Councilman Zaremba, that's an ACHD standard road with
sidewalks on both side.
Zaremba: Probably a five foot sidewalk, not a ten foot.
Larsen: I believe that is a five foot sidewalk. I have Chuck Christensen here from
Quadrant that might be able to answer that question, but -- it is five.
Zaremba: Thank you.
De Weerd: Okay. Council, anything further? Thank you, Cornell.
Larsen: Thank you.
De Weerd: Council, anything further for staff?
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: Bill, have you heard the potential for expanded landscape on Chinden prior
to this evening and what's your reaction to that?
Parsons: Madam Mayor, Members of the Council, Cornell and I spoke briefly before the
meeting and he told me his intention. I did want to let Council know that in discussions
with ITD they are -- for lack of a better word -- starting to waffle on their right-of-way
requirements along Chinden. Under a previous administration they were requiring
anything -- I believe east of Meridian Road to be a hundred foot right of way all the way
along that corridor to preserve that -- to preserve that corridor and make sure that we
had a ten foot pathway within the right of way, have that planter strip like we want and
maintain access. We took access to that roadway. Since then I have been talking with
Jason Reed at the ITD district's headquarters and he's been informing that as long as
the ten foot pathway falls within the property owner's land they are willing to accept 70
feet of right of way. So, I believe staff is amenable to that. I know when the preliminary
plat came through we did require that they dedicate a hundred feet of right of way as
part of the preliminary plat. But since -- in light of the new information and the way ITD
is moving, I had looked at the recorded development agreement for this site and it did
state dedicating additional right of way as deemed necessary by ITD. So, I think the DA
does give them some flexibility to work with ITD and staff on that. The only thing that I
caution Council on this evening is that ten foot pathway -- if they do go down with the 70
feet of right to way, that ten foot pathway would have to be all entirely on their property.
In my discussions with ITD they said if it was 70 feet and that pathway was within that
708 feet of right of way, it would more than likely be ripped out when the roadway was
widened. And so that's really the -- that's why we are cautious about it. I'd also mention
to you that -- the other thing, too, is the preliminary plat gave them either option,
whether constructed on the common lot or put it in ITD's right of way, all we want to do
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is make sure that ITD gives us confirmation that they -- they approve the improvements
within the right of way. That's all we have done at this point, but -- the other thing I
wanted to mention -- I don't know if Council had a chance to -- been down Chinden
Boulevard recently, but mass grading for the site has happened very quickly out there
and I don't know how far the applicant is moving forward, if they can out -- make those
adjustments out in the field and still stay consistent with -- to what's before you this
evening. So, like I said, I think there is flexibility there. The applicant will just have to
work with staff moving forward.
Rountree: Madam Mayor?
De Weerd: Yes.
Rountree: I have a question for Cornell then. To see if that was his understanding with
respect to the ten foot pathway being on the --
Larsen: Madam Mayor, Councilman Rountree, yes, we will have the pathway on the
golf course property. It will be about two feet inside of the right -- inside away from the
right-of-way line on this property. So, about 12 feet to the outside edge and we are able
to make those adjustments on site and we are progressing quickly with the golf course,
hopefully to have it seeded in mid June.
De Weerd: Very good. Thanks.
Bird: Thanks.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: Just for discussion, I can appreciate the desire and -- we have kind of
conflicting ordinances here. We have an ordinance that requires berming adjacent to a
state highway and, then, we say we need connectivity and a pathway. I appreciate
both, but Ithink Iwould -- I would error towards the noise abatement aspect of a berm
at that location. I'm guessing that those five lots that will be on that -- in that gated
community -- there are probably not going to be walkers anyway. If they are they are
going to be walking to the clubhouse. So, I don't know that they necessarily are going
to want to walk out onto Chinden. So, I would suggest that -- having said that, if there is
no further discussion, I will make a motion. Madam Mayor, I move that we approve the
final plat for Item 9-A, FP 13-005, with the desire of Council to extend the noise berming
through the -- a previous access to Spurwing and to do the landscaping as outlined by
Mr. Larsen this evening on the golf course's property and deeding the 70 foot of future
right of way to the Idaho Transportation Department.
Bird: Second
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De Weerd: I have a motion and a second. Any discussion from Council?
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Hoaglun: Just real quickly. When I listened to Bill talk about our ordinance, it talks
about through access and that's -- the sidewalk certainly did meet our requirements,
because it connected to Chinden and allowed through access. Well, that street's no
longer a through street, it's now a dead end, and we are allowing the through access on
the new main entrance and I think that meets the city's requirements by doing it that
way. I agreement with the motion.
De Weerd: Okay. Madam Clerk, will you call roll.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
B. Public Hearing: RZ 13-001 Legacy Church by Legacy Church
Located South of W. Cherry Lane, Between East NW 1st Street
and N. Meridian Road and North of W. Maple Avenue Request:
Rezone of Approximately 3.95 Acres of Land from the R-4
(Medium-low Density Residential District) Zoning District to
the O-T (Old Town District) Zoning District
De Weerd: Item No. 9-B is a public hearing on RZ 13-001. I will ask for staff comments
at this time.
Parsons: Thank you, Madam Mayor, Members of the Council. Next item on the agenda
is the Legacy Church rezone. The property consists of 3.95 acres. It's approximately --
it is 11 parcels. Currently zoned R-4. And the property is located south of West Cherry
Lane on the west side of North Meridian Road. As you can see here on the aerial it is
developed with an existing church and, then, a public street separates the church
building from the adjacent parking lot. The applicant proposing the rezone this evening
to merely change the conforming status of the church on the property. Right now under
the UDC a church use is no longer allowed in the R-4 zone. If the applicant is allowed
to rezone to Old Town it would become a principally permitted use in that zoning district.
Further, it would allow the church to improve the site. As proposed before you this
evening, if you can look on the right-hand here, first phase of development of the church
property will be to expand the existing parking lot. Due to the split corridor phase two
project a lot of that parking in front of the church, although it's not consistent with the
UDC, it was a large amount of parking for the church facility and that is currently being
removed with the road project. Staff is not recommending a development agreement
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March 26, 2013
Page 14 of 95
with the rezone. Staff is confident that access points will be closed off as shown in this
concept plan for you this evening. One thing I would like to mention to you that the
applicant will have to come through with CZC and design review for any expansions or
improvements to the site moving forward. I did want to mention to you that the applicant
has paid the rezone fees to staff. In the staff report they did -- I did put an excerpt in
there that they are asking for a fee reimbursement this evening before you. They feel
given the hardship placed on them due to the roadway project they are asking for
Council to reimburse their fees. Staff did receive written testimony from the applicant.
He was in agreement with the recommendations. Again, Planning and Zoning
Commission did recommend approval of the rezone at their hearing on February 20th.
The applicant's representative spoke in favor of the application. Other than the
reimbursement fee waiver there aren't any outstanding issues before you and at this
time I'd stand for any questions you have.
De Weerd: Thank you, Bill. Council, any questions for staff?
Bird: I have none.
De Weerd: Okay. This is a public hearing. Oh, I see the applicant and his
representative here. Welcome. Good evening. If you will, please, state your name and
address for the record.
Crawford: You bet. Mayor and Council Members, my name is David Crawford with
B&A Engineers. I'm representing the applicant who is here tonight regarding the rezone
request. It should be noted that we do agree with the conditions that were noted in the
staff report. Would like to just briefly touch base on a couple items. There was a -- just
to reiterate some of the concerns that the church has concerning the accessibility
requirements. The church does -- one of the transitional issues that it has changing to
an Old Town zoning is there is a requirement in the Old Town zone to require two story
structures. The church feels that if it builds structures that are -- look like two stories,
but would allow accessibility within the building without having any stairs and things like
that, would be better for its congregation. So, it intends to comply with that part of the
ordinance in more of an indirect manner Iguess -- a term that I would use there. The
other issue is just simply the reimbursement request. There was a revised landscape
plan that was provided to staff prior to the hearing last time that just shows that we'd like
to be able to utilize the fees that were charged for that to actually improve additional
landscaping within the new parking area that's going to be proposed. And with that I'd
just stand for any questions that you may have.
De Weerd: Thank you. Council, any questions? I figured you were two stories.
Crawford: No.
De Weerd: Abasement and a main floor. Right? Two stories. No questions from
Council?
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March 26, 2013
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Rountree: I have none.
Bird: I have none.
De Weerd: Okay. Thank you.
Crawford: Thank you.
De Weerd: Is there anyone who would like to provide testimony on this item? Hearing
none --
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I would move that we approve RZ --
De Weerd: You want to close the hearing first?
Bird: It isn't a public hearing, is it?
De Weerd: Uh-huh.
Bird: I'm sorry. I move that we close the public hearing. I didn't hear you open it.
Rountree: Second.
De Weerd: I have a motion and a second to close the public hearing on Item 9-B. All
those in favor say aye. All ayes.
MOTION CARRIED: ALL AYES.
De Weerd: Mr. Bird.
Bird: Madam Mayor, I move that we approve RZ 13-001 and include all staff, applicant
comments and to also waiver the 2,092 dollars fee.
Zaremba: Second.
De Weerd: I have a motion and a second to approve Item 9-B with the reimbursement
of the application fee. Any discussion from Council?
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
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March 26, 2013
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Hoaglun: I'd like to find out from the maker of the motion, just so we don't get ourselves
in a bind down the road with other applications that come forward, is this based on --
due to the loss of the parking? Is it because of ACHD's situation? I mean are there
grounds here that we should reimburse, as opposed to someone else when they -- you
know, a year from now say --
Bird: We have already waived fees -- application fees on Meridian Street already. And
also the widening of the street caused the rezoning of this and so I feel that that's -- the
city and ACHD required this, so I feel that we set a precedence before and one place is
as good as the other.
Hoaglun: And --
De Weerd: So, that is on the record as to being consistent with the practice of fee
waivers in that Meridian Road corridor. Mr. Hoaglun.
Hoaglun: Well, I was just going to say, Madam Mayor, then we will just extract this out
of ACHD some other way. Is that right? So --
De Weerd: We really love you, Justin. Okay. Anything further from Council? Okay.
We did have a motion and a second to approve this item with reimbursement of the
application fee. Madam Clerk, will you call roll.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
C. Public Hearing: MDA 13-002 Red Wing Subdivision by WH
Moore Company Located Southeast Corner of S., Meridian
Road (SH 69) and E. Victory Road Request: Modification to the
Cavanaugh Development Agreement to Exclude the Subject
Property from the Agreement
D. Public Hearing: RZ 13-002 Red Wing Subdivision by WH Moore
Company Located Southeast Corner of S. Meridian Road (SH
69) and E. Victory Road Request: Rezone of 32.87 Acres of
Land from the C-N and TN-C Zoning Districts to the R-4 (16.55
Acres) and R-15 (16.32 Acres) Zoning Districts
E. Public Hearing: PP 13-003 Red Wing Subdivision by WH Moore
Company Located Southeast Corner of S. Meridian Road (SH
69) and E. Victory Road Request: Preliminary Plat Approval
Consisting of 48 Single-Family Residential Building Lots; One
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March 26, 2013
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(1)Multi-Family Residential Lot; and Nine (9) Common /Open
Space Lots
De Weerd: Item 9-C and D are public hearings for MDA 13-002, RZ 13-002 and Item
9-E is on preliminary plat 13-003. I will open these three public hearings with staff
comments.
Watters: Good evening, Madam Mayor, Members of the Council. The applications
before you tonight are a development agreement modification, a rezone, and a
preliminary plat application for Red Wing Subdivision. The site consists of 31 acres of
land. It's currently zoned C-N and TN-C and it's located on the southeast corner of East
Victory and South Meridian Roads. The applicant requests a modification to the
existing development agreement for Cavanaugh Subdivision to remove this property
from the overall Cavanaugh development agreement. If you recall a few years back this
corner piece was part of the Cavanaugh Subdivision, which extended down to Rumple
Lane and across this area. The property has been -- since been divided and sold off
separately on this corner. A rezone of 31.87 acres of land from the C-N, neighborhood
commercial, which consists of 13.59 acres and TN-C, traditional neighborhood center,
which consists of 16.49 acres, to the R-4, which consists of 15.55 acres and R-15,
which is 16.32 acres. This is consistent with the recent change to the future land use
map contained in the Comprehensive Plan designating this property for a medium
density residential and medium high density residential uses. The preliminary plat is
proposed consisting of 48 single family residential building lots, one multi-family
residential lot right here and nine common open space lots on 31.11 acres of land.
Access to the subdivision is proposed via two access points on Victory Road. Let's flip
to this site plan here. You can see a little better. First access is right here. The second
is here. In accord with UDC 11-3A-3, which limits access to arterial streets, staff
recommends only one access via Victory be approved for this site unless waived by City
Council and approved by ACHD. ACHD's draft staff report did recommend approval of
two access points as proposed and as did the Commission at the public hearing two
weeks ago. A stub street is shown on the plat for future extension to the east where a
future collector street is planned for access to the south across the Ridenbaugh. A 35
foot wide buffer is required along Meridian Road, State Highway 69, and a 25 foot wide
buffer is required along Victory Road. A four foot tall berm and six foot tall fence on top
of the berm is proposed along Meridian Road for noise abatement from the highway to
the proposed residential uses. A ten foot wide multi-use pathway is proposed along
Meridian Road in accord with the master pathways plan. Conceptual building elevations
were submitted for the multi-family structures as you see here and for the single family
structures. The Commission recommended approval of the subject rezone and
preliminary plat applications at their February 21st public hearing. Jonathan Seal
testified in favor of the application. No one commented or opposed the application.
Written testimony was submitted by Jonathan Seal in response to the staff report and
there has been no written testimony since the Commission hearing. Outstanding issues
for the City Council. As I mentioned previously, the applicant does request a waiver
from Council to UDC 11-3A-3, which limits access to arterial streets for two accesses
via Victory Road. The Commission did recommend approval of this request and ACHD
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March 26, 2013
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is also supportive of the applicant's request. There is an outstanding issue related to
the requirement for sewer service mains to be installed to and through this
development, which Bruce will address.
Freckleton: Thank you, Sonya. Madam Mayor, Members of the Council. In the
development of the staff report we did impose the requirement of City Ordinance 9-4-
15B, which has been referred to over the years as to and through ordinance. The 2010
sanitary sewer master plan for the City of Meridian shows a 24 inch sanitary sewer main
along the western boundary adjacent to State Highway 69, Meridian Road. That
particular main does not provide service to this development. However, it is adjacent
and per the ordinance requirements of to and through we did impose the requirement.
It is a section of code that staff does not have the authority to waive. The applicant has
met with staff twice since the staff report came out. We have had -- we have had
discussion regarding that requirement. We have also internally, between the Public
Works Department, the Community Development Department, and our Legal
Department we have -- we have talked about the requirements of the code section. So,
the applicant does have a presentation that he would like to make tonight with regard to
that requirement. So, with that I'll stand for any questions.
De Weerd: Council, any questions? So, Bruce, I just want clarity. So, the to-through is
bringing a sewer line through this project, even though that's not the line that's
supposed to serve the rest of the area? Is that what I'm understanding?
Freckleton: Madam Mayor, that is essentially correct. Yeah.
De Weerd: Okay.
Freckleton: The trunk line splits at the corner of Victory Road and State Highway 69.
There is a line that goes easterly along the frontage of Victory Road that we completed I
believe two years ago. We called it the Victory Road Gap sewer. The branch that we
are referring to that we made a condition of this development is the piece that fronts the
development along that western boundary up to the Ridenbaugh Canal.
De Weerd: And that is because you have to and the Council is the determining body to
make the decision otherwise.
Freckleton: It is a necessary line to provide service south of this project. This particular
corner does not take service from that line, but it is the line that will open up service
south and east of this project.
De Weerd: So, when you talk about to and through, are you just talking about to the
other side of -- is that the Ridenbaugh?
Freckleton: Yes.
De Weerd: And that's what your condition is?
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March 26, 2013
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Freckleton: Yes, ma'am.
De Weerd: Okay. Now I'm on it. Now I'm with you
Hoaglun: Madam Mayor, if I might follow up --
De Weerd: Mr. Hoaglun.
Hoaglun: -- with Bruce. I have forgotten the name and I'm just blanking out on it, but
there are developments where the developer would put in the sewer line, they don't
need the full capacity, they are putting it in for future development and, then, the credits
-- they are reimbursed on future development and I'm just drawing a blank on that
name. Can you help me with that?
Freckleton: Yes. Madam Mayor, Members of the Council, it is a reimbursement
agreement that is -- that was made part of our code -- I think it went into effect late 2010
is when that went into effect.
Hoaglun: And to follow up then -- and that was too easy. No wonder I couldn't
remember it. But is that something that would qualify for that if there were a future
development up here -- if that is put in by the developer, do they qualify for that?
Stewart: Yeah. Madam Mayor, Members of the Council, we do have a reimbursement
policy, like Bruce said. In that policy -- I have spent a little bit of time trying to go
through that. In that policy we essentially require the applicant to submit a request for
reimbursement, which has to be reviewed and approved by the City Council and the
direct -- or the department director and so they sort of drive that. Of make the initial
request. The reimbursement -- essentially the nuts and bolts of the reimbursement
agreement essentially say they have to pay for the initial cost to install the infrastructure
and, then, we set up a scenario whereby as people hook onto that line further down
they get reimbursed from the assessment fees for those -- from those future
developments, so the city doesn't have to pay anything out of pocket. I wasn't here
then, but I understand part of the reason that that reimbursement agreement was
created like that is we had a situation before then where we were essentially
reimbursing the developer out of the city's coffers immediately upon completion of the
infrastructure and it was causing some problems for the Enterprise Fund, so that
reimbursement agreement was structured -- this is before my time, but that
reimbursement agreement was structured so that they would get reimbursed as
development occurred. In other words, requiring development to pay for development.
So, that is an option here. They could apply for reimbursement . They would be either
required, I believe, to install the infrastructure now and be reimbursed or provide a
surety either in the form of a surety or they could even bond. My understanding is they
could bond for that and, then, later on build it and get reimbursed as development
occurs later on down the line.
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March 26, 2013
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Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Bruce, I think you probably have been here the longest. Can you think of any
development where we have required sewer to go through when they haven't used it
within the development?
Freckleton: Madam Mayor, Members of the Council, Councilman Bird, that's a good
question. I do not recall one where we have this exact scenario.
Bird: And on the reimbursement of fees, they were called latecomer fees and it wasn't
that they were getting reimbursed too fast, they weren't getting reimbursed fast enough.
Freckleton: The old latecomers agreement process that we had, it was -- it was very
administratively burdensome in the fact that we collected a piece of the reimbursement
from every single building permit that was issued. Under the new provisions of the
reimbursement agreement for infrastructure enhancement -- that's a technical title of the
code -- when the development comes in -- say it's 20 acres and it's south of this project,
they would pay a proportionate share based on the acreage and they would pay that all
at once at the time of the final plat signature. So, we wouldn't collect it a little tiny piece
at a time, it's going to come in in bigger chunks.
Bird: I understand.
Freckleton: So --
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: If you would clarify for me the location of this pipe. Is it in the right of way or
is it actually on the Red Wing Subdivision property?
Freckleton: Madam Mayor, Members of the Council, Councilman Zaremba, the -- the
location of the existing manhole where -- where the sewer splits is in the subdivision --
it's outside the right of way. It's in the subdivision. It sits pretty far in the subdivision
and the reason for that was because at the time it was designed and we did the
crossing of the intersection, Ada County Highway District was planning a five lane
section on Victory Road in there and so we designed it to be outside the five lane
section. Sometime after we did that crossing the plans for Victory Road changed to
three lane and so we have a manhole that sits out pretty far. It is a steel casing that
crosses the intersection to -- to a manhole where it -- where that split would take place.
So, what we have talked about with the applicant is -- their proposal would be to take it
from that point at an angle over towards the right of way to get it closer to the state
highway, either in the right of way or just adjacent to the right of way. So, less impact
Meridian City Council
March 26, 2013
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on their property and the improvements that would be put in for their landscape
improvements on that west side.
Zaremba: Madam Mayor?
De Weerd: Yes. Just follow up. Mr. Bird?
Bird: No -- no questions.
De Weerd: Okay. Mr. Zaremba.
Zaremba: This is kind of a follow up. I'm understanding what you're saying, but in the
midst of that you said something else that alarms me. I have been under the
impression all along that we have an agreement with ACHD that all arterials would be
preserved for five lane. Any that are in Meridian or even in our area of impact, because
some day we are going to need them and I'm -- one or two keep showing up as
somebody's changed their mind on those and I don't ever remember being involved in
those decisions. I know this isn't your subject, but that does alarm me that an arterial
suddenly is not a -- not planned for five lanes. That worries me. I don't know -- I don't
know where to go with that at the moment.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Bruce, how far -- how far in is the box -- the junction? Is it -- if they come straight
south would it go underneath where the first two sets of apartments are? Or is it under
the berm or what? Do you have any -- you or Warren have --
Freckleton: Madam Mayor, Members of the Council, the alignment -- if we went due
south from where it's at -- I'm not exactly sure if it would be directly where the buildings
are, but it's -- it's close. And the depth of that sewer is in the neighborhood of 27 feet
deep.
Bird: It's 30 -- yeah. Somewhere around there
Freckleton: So --
Stewart: Madam Mayor, Members of the Council. The -- of course, the line has not
been designed. It's been master planned shown down that right of way line. So, the
exact alignment of the lines is up to the developer to design it put it in there. We do
anticipate that they would come out of that existing manhole, which has been stubbed
for going that direction and make a short run to another manhole and bring it over closer
to the right of way at Meridian Road and, then, run it up Meridian Road. Or just inside
the right of way inside the development along Meridian Road. That's kind of the -- the --
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March 26, 2013
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at least the preliminary drawing that we saw is that's how they had it designed. But I do
want to say that the exact location, the exact design has not been done, so --
Bird: Madam Mayor, follow up?
De Weerd: Yes.
Bird: But, Warren, like you're telling me, they would have to go to -- off on a 45 or 90
degree angle -- or 45 or 90 degree angle to another box; right? We wouldn't want a
curve in the line, so you would have to go to another box; right?
Stewart: Madam Mayor, Members of the Council, Councilman Bird, that is correct. You
can't curve a sewer line. So, you would have to come over and set a manhole near the
corner of Meridian and Victory Road in the development and, then, head north --
straight north on whatever line that you choose -- or straight south on whatever line that
you choose.
De Weerd: Mr. Zaremba.
Zaremba: Madam Mayor. Thank you. Not on that subject. This would be back to
Sonya again if I may. There was -- the view probably just before this one that showed
more of the Cavanaugh property. Can we see that? Yes. That would be good. My
recollection is when the whole project from which this is being severed was presented to
us, that the -- Cavanaugh was going to have to take their access through what is now
this separate property and my recollection is they were not going to have access to
Highway 69, Meridian Road, and, one, am I remembering that correctly and, two, if they
do need to access through this property how are we doing that?
Watters: Madam Mayor, Councilman Zaremba, Councilmen, there is no access allowed
to Meridian Road. The collector street that's going to come in is actually a little bit to the
east of this property. It doesn't touch this property. So, when this property develops it
will provide access to the south across the Ridenbaugh.
Zaremba: So, there is provision for that?
Watters: Yes.
Zaremba: Okay. Thank you. While we are still on the roadway subject, I'm guessing
that the design of this project would prevent Victory Road from being widened to five
lanes at some point. I hadn't looked at the roadway boundary on this project, but the
news that it's only being preserved for three lanes -- I don't think that's a good idea.
Watters: Madam Mayor, Councilman Zaremba, I would let Justin Lucas from ACHD
speak to that one --
Zaremba: All right. Thank you.
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March 26, 2013
Page 23 of 95
Watters: --during the public hearing.
De Weerd: It's a little bit out of the usual to have this kind of conversation before the
applicant even gets up here, but, Justin, welcome.
Lucas: Madam Mayor, Members of the Commission, Justin Lucas, Ada County
Highway District for the record. Business address is 3775 Adams Street, Garden City,
Idaho. Thanks for letting me speak to this point. The adopted master street map, which
is ACHD's master planning document, and the south Meridian plan both have Victory
Lane in this segment shown as -- Victory Road in this segment shown as three lanes.
So, those are documents that we have reviewed with the city and I apologize if that -- if
that wasn't done clearly enough, but there is very few arterials we have shown at three
lanes. Victory happens to be one of those. A lot of the reasoning behind that is that we
are preserving for seven lanes on Overland Road, which is directly to the north and we
are also preserving on -- for five lanes on Amity Road directly to the south, which are
the two other section line roads and there is the thought on this road in some of the
discussions that it's primarily residential, there is not a lot of commercial businesses
along this corridor and there is relatively high density planned primarily in this segment
and to the -- to the -- to the west and so the thought was for neighborhood connectivity,
for pedestrian bicycle use and for all those other reasons it seemed like having Victory
Road be a little smaller was the way to go here, because it's just -- it's better for peds
and bikes and everyone else who may not feel comfortable on Overland or may not feel
comfortable on -- on Amity Road. So, those are the -- a lot of the thought processes
that went into that. We have done our long term modeling and it showed that -- and
Victory Road is kind of on the cusp of needing to go to five lanes, because Overland
and Amity are planned so large and rather than go all the way and blow it out to five
lanes, there was a policy decision made to try to keep it a little bit more level. So, that's
the reason behind that.
De Weerd: Justin, does the Ridenbaugh on the other side of Highway 69 prove a real
challenge?
Lucas: Absolutely, Madam Mayor. Thank you. There is other physical challenges
along that -- Victory Road, when you go over to the other side, makes that odd curve
and the Ridenbaugh is, obviously, a very large facility, so there is other reason why --
why those decisions were made. So, it's not just off the cuff, we have been thinking
about it and there was a lot of thought that went into this and Victory we decided would
be one of those where we might sacrifice a little bit of traffic to provide a little bit of
neighborhood connectivity .
Zaremba: Okay. Thank you
Lucas: Thank you.
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March 26, 2013
Page 24 of 95
De Weerd: Thank you. Would the applicant like to make comment? You knew we
would get there eventually, Jonathan.
Seal: I was beginning to wonder.
De Weerd: Thank you for being here.
Seal: Yes. Jonathan Seal, W.H. Moore Company, 1940 Bonito, Meridian, Idaho. First,
if I can, I'd like to -- well, I will certainly address the sewer here shortly, but I'd like to talk
about more of the fun things first if I can. When we first started this project, instead of
designing it -- just to give you a little bit of the background -- one of the things we are
always kind of faced with is coming up with a creative name for it. It's kind of like the
child, you know, you have a certain identity and we realized that Red Wing obviously,
was a nice name, but also communities came into play and the reason that the
communities came into play -- in our particular thing is if you look at -- I think at the -- if
you look at the amenities over here -- ah, probably should have used the red -- what we
decided to do, which we think is very unique to this project and also we think unique to
this valley, is that these amenities will be shared by single family development. So, we
think that there is a -- there is a concept here where we really create a community,
whether it's interaction between the single family and the multi-family. Instead of having
a line down there that says this is -- this is your multi-family and this is your single
family, we are now trying to join them together and create what we call a community,
which is why we call it that. I think staying with the -- with the multi-family and that
theme, I think as you start to look at that I think one of the things that you will see is -- is
that we created a series of smaller buildings. They are all two and three story buildings.
They are four -- there are four units on each floor, which means, essentially, that each --
each unit has its own kind of corner office so to speak. There is -- they are not -- they
are not high buildings, like say two or three stories. We think that creates an intimacy
and, again, creates that kind of community type of feel. As was mentioned in here --
and Iwill get to that in a minute -- we found a series of amenities in here -- Sonya,
where is that thing that you can move -- I mean where you can go to the other slides.
Okay. Can you advance it? To look at the amenities for me. Sonya, I guess you will
have to be my guide here tonight.
Watters: I'm not real sure why it's not advancing
Seal: Sorry for the delay here.
Watters: Hang on.
Seal: Well, let me -- let me go ahead while you're doing it and just talk. As you -- you
can see, we are looking at putting a pool in, we are going to have a workout facility, we
are going to have sand volleyball, we are going to have barbecues and some covered
areas throughout the thing. Thank you. Keep going. Yes. There we go. So, these are
a list of the amenities that we are creating in it so, really trying to create I think what is a
rather unique, high quality amenity, almost like a resort type appeal in it. Taking it over
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March 26, 2013
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to the homes -- and we will stay here -- the 48 single family. If you're aware of what's
going on in this market right now, there is a real shortage of lots. You could call -- we
could call any developer right now, large ones -- and I think we all know the names of
them -- and you could sell all 48 lots tomorrow. They would take them all now. There is
areal shortage. But what we don't want to do -- again, keeping this community feel -- is
come in with what I guess you call the cookie cutter, the subdivision type of thing. So,
what we have done is we have selected a group of home builders, which is listed here,
which are smaller home builders, that each come in and build their own type of style of
homes. We are getting diversity in architecture, we will get a quality, which, Sonya, if
you can go to the homes. Oh, there -- I think here. As you can see, these homes are
from 300,000 to over 400,000. Each builder builds quality, but it will have real
character. We think again, this will reflect on the community feel and I think, again, try
to come in with the amenities, the apartments and this again and keep it as a -- as a
community. Again, this is a picture of the apartment and, again, I think you will get the
kind of resort feel. I won't belabor it too much. Going back to the site plan again. As
you can see along Victory Road and Meridian we are, obviously, going to do the
landscaping according to the ordinance. We will do the open areas within the
residential. And, then, along -- as we talked about, along Victory Road there, we -- in
fact, tomorrow night I have a hearing in front of ACHD to execute a cooperative
agreement to go ahead and do three lanes from essentially Meridian at Victory Road
down to what is Standing Tree, which is right down there at the bottom, 1,900 feet.
There will be curb, gutter and, of course, three lanes, which we will also put the
sidewalk in. I have done cooperative agreements with ACHD on Eagle Road and I have
done it on Ustick. I think they have been successful and they like it, we can do it
cheaper and we can do it faster. So, it's worked out very well. So, I think that's a real
plus to the project. Going back to a couple items that I would like to talk about. First is
the access point. I know that staff had indicated in there that they wanted to have one
access point. If you go -- if you look at -- at I think the basis of why this needs two
access points, the first one I'm showing in here is -- is Victory Road and you can see the
intersection, you can see the two entrance points and, then, Standing Tree. The first
one is 684 feet from the Meridian intersection to the apartment entrance. The next one
is 671 feet, which certainly meets more than ACHD's standard and, then, the third one
is 577 feet. As was mentioned, staff and also the commission have approved two
access points. The fact that your highway district that you entrust in for the safety and
design and the traffic of it is -- is recommending it, I respectfully say I don't see why
Meridian would deny two access points. Also when we met with Meridian Fire
Department -- in fact, one of our first meetings one of the things they said is we need
two access points. Now, I understand we have an access point potentially here, but
Cavanaugh Way, who knows when that will be constructed. Also thought it very
interesting in Article 4.7 of the fire department, it says that the resident portions that
have more than 50 homes has to have two access points. We have 48 homes, but we
have 220 apartments. I hope that puts us over the 50 limit. And, then, finally -- and I
find this interesting -- they mention about UDC 11-3A-3A -- and if I can very briefly,
because it's probably not the first time I disagree with it, but if you read the ordinance
what it says is where access to a local street is available the applicant shall reconfigure
it. We don't -- we are not tied to any local streets. We will never be. Number two,
Meridian City Council
March 26, 2013
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where access to a local street is not available, the property owner should be required to
grant cross-access to adjoining properties. The standards are applied primarily to
nonresidential properties, but may extend to residential properties where the use is
anticipated to change to nonresidential. It won't change to nonresidential, Ican tell you
that. And, finally, all subdivisions must provide local street access to any use that
currently takes direct access from an arterial collector. Again, we don't have any local.
So, again, respectfully, I don't see where this ordinance even applies to our particular
thing. So, again, with City Council, as well as with the Commission, I ask you that you
grant the two access points. I think with that -- with that it's critical that these two
access points go into it, even though they keep their separate identities for the
apartments and the single family. The next thing I will move on to is the sewer. Just a
little bit of background information and changed a little bit of what I was going to say.
When I got the staff report I always go through it, try to respond to anything -- basically
crossing the T's, dotting the I's type of thing and one of the things I could see was the to
and through in there. I think that -- yeah. Okay. What did I do now?
Watters: Well, don't look at me now. Hang on
Seal: I'm not technically skilled at this --
Watters: The eraser is off and --
Seal: Okay. Let's see. The eraser. Thank you. I'll get this out. Anyway, when we --
when Iread the thing -- and I will point this out. Now, there was an indication in
discussion that it was very clear in the staff report that -- the to and through policy and
that we should be aware of the fact that there is a sewer on Meridian Road and I'm not
trying to throw staff underneath the bus, I have high regard for them, so that's not my
intent. But if you look at the staff report under utilities it says location of -- location of
sewer. It talks about that. Issues or concerns. The subject site is obligated to pay
1,464 dollars per acre proportionately for the offset of the -- of the sewer along Victory
Road. There is no discussion about any sewer coming down Meridian Road. Okay?
The reason that I brought that up -- and that's what I want to do. When we look at it we
have sewer -- we have sewer coming down, as we said, Victory Road. Sewer on
Cavanaugh Way comes down about two-thirds or three-quarters of the way and
ultimately will continue down here. We are bringing our sewer, obviously, into our single
family and also to our residential. My thinking in the process was we have got the
sewer in Victory Road, it's here, we are going to pay for it. We have got sewer in
Cavanaugh Way, which will continue to service the properties to the south. We are
bringing sewer into our project and even though sewer came to this particular point right
there, because of the design of the Kennedy Lateral, which we reviewed with the city
and put our sleeves in, it was too shallow and there was no point to connect it to
Cavanaugh Way. So, I simply raised it as that. It was after the fact, actually, just prior
to the P&Z that I found out that, in fact -- you have that in here, right, Sonya? That --
this is the master sewer plan that we were shown. Again, this is our project. There is
Victory right there and there is Meridian. This is where the sewer will be coming, which
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is the yellow and we were informed that we would -- we would have to be putting that in.
This sewer line is a 24 inch line. It's a main trunk. It's 24 feet deep and --
Sonya: I didn't put that in, Jonathan.
Seal: Okay. Anyways, I have a copy and I'm prepared to do it. The cost to extend the
sewer from Meridian Road to Victory to essentially the north side of the Ridenbaugh
Canal, to Knife River, this is not based on civil drawings, but our civil engineer gave me
information -- 137,000 dollars. What we feel what is equitable -- if the city wants to put it
in -- and bear in mind there is a connection over here that the sewer could go on the
west side if you wanted. We have talked to staff about that. But, again, that's their call.
We feel that it is equitable for the city to pay for the sewer and, then, it's the people who
come further south to pay for it as they get it. We get no benefit from this sewer. We
are paying for a sewer we receive absolutely no benefit for. But the people south of
here will and I think there is some precedent. If you go -- I'm not an expert on this and I
have talked a little bit with Bruce on it, but (requested -- because I had understood that
the Black Cat trunk from, essentially, Linder near Cherry down towards our property
was funded in a good part of it by the City of Meridian ahead of development. This
indicates at least -- and, again, I'm probably getting off the reservation on this, because I
just got this today, but it indicates that the city has in certain cases funded up front and
waited for development. Another point that I think is also precedent is that -- excuse me
-- our property on Victory Road -- when DBSI owned this, as I understand it, there was
subdivisions to the southeast that wanted to be developed. Those subdivisions could
not get sewer to Victory Road, because DBSI was bankrupt and there was no source.
They could have put lift stations in, but that was very expensive. What the city elected
to do was to complete the portion of the Victory Road sewer, which we are paying for
now, so that the development further downstream could go ahead and develop. So, I
think there is precedence where the city has stepped up in this process and paid. I
think -- you know, I think if I can, you know, kind of step back a little bit. I think
oftentimes a lot of people perceive that the developers make a lot of money, you know,
we are just printing money left and right. That's not the case. We want to build a quality
project here. We could cut a lot of corners on this. We could do the minimum amount
of amenities. We don't want to. But when we get burdened with things such as a
sewer, which, again, I know I'm repeating -- we don't get any benefit from, it serves
other people down the road, but not us, when we are paying for our sewer and we are
paying for a proportionate share of it on Victory, that puts a real burden on us. That's
another 137,000 dollars that we have to supposedly incur and we are not anticipating.
So, I would ask the city if either they would or we can find another arrangement so it's
not put on our back. Thank you.
De Weerd: Council, any questions?
Bird: I have none.
Rountree: Not right now.
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De Weerd: Okay. Thank you, Jonathan.
Seal: Okay. Thank you.
De Weerd: See, we asked them all before you even got up here.
Seal: Yeah.
De Weerd: This is a public hearing. Is there anyone who would like to provide
testimony on this item? Yes, sir. If you would, please, state your name and address for
the record.
Fulmer: I will. My name is Randy Fulmer. I live at 752 East Trinidad in Meridian.
De Weerd: Thank you.
Fulmer: I'm a partner in this project. I just want to make a quick comment. I'm not privy
to the history on master planning for the sewer, but to me it seems like it was master
planned to be on the east side of Meridian Road at that section where it fronts our
property on the west boundary to potentially service that property. There is currently a
line that runs in Victory that's servicing our property and, hence, this master planned
sewer on the west side -- I mean Meridian Road is not necessary. I suspect it would be
less -- or more copacetic, less expensive, if it were moved on the west side of Meridian
Road. It ultimately is intended to service properties on the west side of Meridian Road
and as it goes further south our property it goes up in elevation significantly and as you
get towards Amity it's very high and so it does cross back over Meridian Road to the
west side. So, it's virtually servicing nothing on the east side of Meridian Road. It's
servicing properties on the west side of Meridian Road and south, but does have no
benefit for our property. It seems like there could be some benefit for the property that's
on the west side of Meridian Road and south of Victory that is not currently developed
where they could utilize and tie into that sewer line. So, that's the only comment I have.
It doesn't seem to make a logical sense to me to put it on the east side of Meridian
Road.
De Weerd: Well, you know, I could sort of speculate, because you know what's on the
other side of the street, a very old subdivision, so I imagine it kind of was on the east
side of Highway 69 because you can't go through a subdivision like that, but that would
be pure speculation.
Fulmer: Well, directly on the west side of our property that corner is vacant. It hasn't
been developed.
De Weerd: Well, I know, but if you look at how that yellow line goes down --
Fulmer: Yes.
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De Weerd: -- that's all existing housing. So, they might have anticipated that that line
would stay on the east side. But, like I said, I am purely speculating.
Fulmer: I guess what I'm proposing is that you have some type of an onus to
demonstrate that it wouldn't be better to put it on the west side of Meridian, because I
suspect it would be. The elevation climbs significantly and it has to traverse again
across Meridian Road, the ITD, which is, again, an expensive undertaking. There is
already a manhole on the west side that could be tied into and I would suspect it would
be less expensive and more beneficial on that side of the road. That's my only
comments. Thank you.
De Weerd: Okay. Thank you.
Fulmer: Any questions or --
Bird: I have none.
De Weerd: No. Thank you.
Fulmer: Thank you.
De Weerd: Additional testimony? No?
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: Question for Warren. The master plan shows the location on the east side of
Highway 69 and, then, crossing over and going up through Meridian Heights and, then,
crossing back over 69. Is that the alignment for the master plan or is it all intended to
be on the east side?
Stewart: Madam Mayor, Members of the Council, Councilman Rountree, the master
plan does show the master plan sewer coming up the east side, coming across the
Ridenbaugh Canal, extending further south a little ways and, then, crossing over into --
crossing Victory and going over into Meridian Heights Subdivision. We have had some
discussions around -- with our consulting engineer who put together the master plan as
to the reasons and why for's that they did that. There are some situations there that
made them think that might be advantageous. Part of that was not knowing what was
going to happen with Meridian Heights. I will say this, the existing property there -- you
know, one of the comments was made that perhaps this line going south was intended
to serve the old Cavanaugh property. It actually never was. The -- the sewer trunk line
going down Victory Road was the source for sewer for this particular lot. This trunk line
that you see in yellow -- it extends to the south -- is intended to serve land to the south
and east. It crossed the road for two reasons. One, right now the road -- the right of
way along the highway there is fairly narrow and there was a concern that they may
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have to get within the right of way and, you know, getting in ITD right of way is not an
easy thing to do. So, it might be easier to go across into the residential streets, but that
would all have to be finely engineered and designed. We actually asked them to take a
look at what it would take to put it all on the east side. They said it could be done.
There is also a hill that has a toe of a slope almost in the location where the line would
have to be built, which would complicate the construction. One of the other things about
-- if we were to shift the section of the line that's closer to Victory Road to the west side
of the road, that section or that piece of construction from Victory Road essentially up
the side of Meridian -- the west side of Meridian to Meridian Heights would actually be
more expensive and more complicated than it would be on the east for a number of
reasons. There is utility conflicts over there, the existing sewer right near the
intersection on the north and west corner, that's a 34 foot deep manhole. It is near a
building. It's near gas pressure release. It's near a signal pole and getting a deep
sewer is also near -- on the other side of the street it's near abox -- a signal box over
there that's a major signal box. So, there is a lot of complicated construction, very deep
construction that would have to occur. The west side of the road, although not fully
developed, is more developed than the east side right now. So, I think if you were to
talk about the segment that we are really concerned with here, which is the piece along
the proposed Red Tail, keeping it on the east side of the road is the most cost effective
location for that to be extended. If you go further south we could go either -- you know,
cross like it shows here in the master plan or we could stay on the east side and it will
probably be driven by development and what they want to design.
De Weerd: And it just blows me away that we are through a county sub that is existing
and we are going to run a main sewer line through there.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Warren, I -- as we all know that property flows -- it don't flow west at all, it flows
south down into the deal -- the natural flow of Cavanaugh -- of Kevin's old property. So,
actually, your -- the only thing that sewer line that you want them to put into the
Ridenbaugh Canal, it's going to service out south of Rumple Lane and in the old chicken
factory and places out there and stuff -- I don't -- I really have a hard time justifying
unless you and Bruce have figured out some time that we have done this before when
we had made them take a sewer line through a development that they didn't use and I
can't -- my years I can't remember, but Icould -- you know, it could be right and Bruce
has been here as long as I have and longer, so -- but Ijust -- I don't see what benefit
that's doing to stick them with it. What's your -- you're not -- you say you will get
reimbursement fees? Well, reimbursement fees -- unless something happens
reimbursement fees from that trunk isn't going to happen in 30 years.
De Weerd: Well -- that wasn't a question.
Stewart: Okay.
Meridian City Council
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Bird: That was a statement.
De Weerd: In case you were wondering.
Bird: That was a crystal ball.
De Weerd: Okay. Any other questions from Council?
Rountree: Madam Mayor, I have a question or two for Jonathan after this discussion.
De Weerd: Yes, please. If you will, please, state your name for the record.
Seal: Jonathan Seal. W.H. Moore Company.
De Weerd: Thank you.
Rountree: Madam Mayor. Jonathan, we have heard all the reasons why or why not.
The question in my mind and I think in your mind who pays. It seems that the
infrastructure was put in place in anticipation of something happening on the east side
in such a way that it kind of conflicts with what it is you're proposing to do, at least on
the corner. So, no matter what happens that line is going to have to be adjusted to
move it from the one manhole on your existing property or ultimately ACHD's future right
of way to Meridian Road. My question is are you willing to provide the -- an easement
for that to happen and for the sewer line to go south along your west border -- I'm not
asking you to pay for it, just to anticipate it. Right now we don't know if we are going to
have a development to the south, but I bet that we will and I think it would be foolish not
to anticipate it on both of our parts. I guess I'm just suggesting -- are you willing to at
least provide an easement for that to happen in the future and a statement of such on
the plat that this future line is for a 24 inch sewer main?
Seal: Madam Mayor, Councilman Rountree, yes, we would provide an easement and
we would put that on the plat and if I can just for a moment and maybe I'm getting off,
but I think one thing I think is really interesting -- and I don't profess to be a civil
engineer, but if you can kind of bear with me. I think the reason that this sewer is going
through here -- I would suggest to all of you -- you drive up Victory -- up Meridian Road,
it's a ski slope. You hit Rumple Lane, it goes up, drops down a little bit, and goes up.
You look at the subdivision over here that the sewer is going through, it's down lower. If
you took it on the east side of that road -- and, again, I'm not qualified as a civil
engineer, I got to believe you're going to be 50 feet deep. I don't know how you put a
sewer down 50 feet. I could be wrong and just -- but it's going to be extremely deep and
very very difficult. I think your only option is -- is to bring sewer through that subdivision
and they may not want it. So, I think as Councilman Bird said, it probably won't be in
our lifetimes that we will see anybody come in here and tie onto this sewer. Not to say
that there is some time. But I wanted to make apoint -- I suggest you drive out there. I
did it today and, you know, you don't pay attention, you drive up the road, you don't --
Meridian City Council
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but all of a sudden I looked and Iwent -- oh, this is going high. But going back to the
easement, yes, we would be willing to provide an easement. We are going to have to --
where the manhole is we are going to have to go kind of in a southwest direction I would
say for about 12, 15 feet. In fact, we did a drawing and I would have brought that, but I
didn't want to bury you guys with too much. But it would have to go in kind of a
southwest direction and, then, go due north. Right now it would be basically going
through our apartments. But, yes, we could provide an easement for you.
Rountree: Thank you.
Seal: Any other questions or --
De Weerd: Any other questions from Council?
Bird: I have none.
De Weerd: Okay.
Seal: Okay. Thank you.
De Weerd: Any other comments from staff?
Stewart: Madam Mayor --
De Weerd: Warren.
Stewart: -- Members of the Council, I have one I guess. Just to make -- a matter of
clarification. The lot -- we did have an alternative design done by the engineer going
down the east side of the road. It is feasible. It continues to be deep. It's over 30 feet
deep through there, but it is feasible to run it all the way down the east. It is shown the
direction that it is, because initially when they did the master plan they felt like that
perhaps was the most cost effective approach for making it. That's the bottom line. But
it's -- it's pretty big guess at this stage of the game, because nothing has been
designed. But they did an alternative design. It can go on the east or the west, it's
really about what's the most cost effective approach and the line does continue to go on
down south, but it continues -- as soon as it gets kind of off of this map it takes a pretty
sharp turn and heads to the east and it serves sort of all that drainage basin to the south
-- excuse me -- to the south and east of this location. So, that's just -- that's the service
area for it.
De Weerd: Thank you, Warren. Okay. Council, if there is no further information you
need, I would entertain a motion to close these public hearings.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
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Bird: I move we close the public hearing on Items 9-C, D and E.
Rountree: Second.
De Weerd: I have a motion and a second to close the public hearing on these three
items. All those in favor say aye. All ayes.
MOTION CARRIED: ALL AYES.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I would comment on the easier of the two questions. With appreciation to
Justin Lucas for his explanation of -- of why Victory is going to be three lanes. That
same explanation and the fact that Victory will probably never be more than three lanes,
makes me comfortable with the two accesses into this subdivision. If it were going to be
a five lane I probably would fight for the one access, but I think with the three lanes and
the explanation of what kind of a roadway use it's going to have in the future, I can be
comfortable with the two accesses as proposed.
De Weerd: Okay. Council, we will take these one at a time, starting with 9-C, which is
M DA 13-002.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I will try it. I move we approve MDA 13-002, the modification of the development
agreement, and to include all staff, applicant, and public comments.
Rountree: Second.
Bird: Madam Mayor?
De Weerd: Yes, Mr. Bird.
Bird: Clarification. I don't believe that is where we would put in the two entrances,
would it? That's in the rezone?
Zaremba: Probably.
Bird: I think so. Is that right?
De Weerd: I guess I will have to ask Sonya about that.
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Watters: Probably the preliminary plat, but it's fine with --
Bird: Oh, the preliminary? Okay. That's fine.
Watters: If that's your desire Iwill --
Bird: No. No. We will just leave it out of the MDA.
De Weerd: So -- but is any of that in the existing development agreement?
Watters: The existing development agreement is proposed to be wiped basically and a
new one will be done for this subdivision.
De Weerd: Okay. Very good. I have a motion and a second. Any discussion? Madam
Clerk.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
De Weerd: Item 9-D.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we approve RZ 13-002 and include all staff, applicant and public
testimony.
Rountree: Second.
De Weerd: I have a motion and a second to approve Item 9-D. If there is no discussion
from Council, Madam Clerk.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
De Weerd: Item No. 9-E.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
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Bird: I move we approve PP 13-003 and include all staff, applicant, and public
testimony and this would include allowing two entrances into this subdivision -- into this
-- and also the applicant will allow an easement for sewer going south along their
property on the west side.
Rountree: Second.
De Weerd: I have a motion and a second. Any discussion? Madam Clerk.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
F. Public Hearing: PP 12-018 Irvine by Northside Management
Located Southeast Corner of W. Chinden Boulevard and N.
Ten Mile Road Request: Preliminary Plat Approval Consisting
of 145 Residential Lots and 12 Common Lots on
Approximately 38.5 Acres in an Existing R-8 Zone
De Weerd: Item 9-F is a public hearing on PP 12-018. I will open this public hearing
with staff comments.
Parsons: Thank you, Madam Mayor, Members of the Council. Next item is the Irvine
Subdivision. The site is located on the southeast corner of Chinden Boulevard and
North Ten Mile Road. The property was annexed in 2005, also known as the Irvine
Subdivision. Those approvals have since expired and the applicant is before you this
evening proposing a new preliminary plat. To the north of the site again is Chinden
Boulevard and the Spurwing Subdivision, the golf course, in the county zoned RUT. To
the east we have the Silverleaf Subdivision, zoned R-4 and the eight acre -- Ada County
parcel zoned RUT. To the south we have Silverleaf Subdivision, zoned R-4 as well.
And to the west is North Ten Mile Road and, then, Ada County agricultural property
zoned RUT. The applicant is proposing 145 residential lots and 12 common lots on
38.5 acres of land. Primary access into the site will be from Ten Mile Road. Internal
street connectivity is provided with the subdivision. Also there is a stub street along the
south boundary and the east boundary that will be extended into site with the
development. I'd also mention to Council that this project is to develop in five phases.
The first phase will start here along the south boundary and each subsequent phase will
transition until the last and final fifth phase, which is proposed along Chinden Boulevard.
The applicant is proposing two stub streets with the subdivision. One will be to the Ada
County parcel along the shared east boundary and there is also another stub street
provided to the one acre parcel that fronts on Ten Mile, so these roads will have access
in the future. The applicant is proposing ten percent open space with this phase -- with
this subdivision this evening. The primary open space is this central one and a half acre
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park, which is going to contain a tot lot, a covered picnic shelter and a walking path.
The applicant is proposing a 40 foot wide landscape buffer along Chinden Boulevard
with a ten foot pathway. A 35 foot landscape buffering is shown and proposed along
Ten Mile Road and that will, again, develop with detached sidewalks as well. Other
open space consists of six passive open space lots. The primary reason for this open
space and this -- the primary reason for this linear open space has to do with the tiling
of the ditch and providing that easement -- and relocating that ditch as it bisects the
property. So, the applicant is proposing that as an amenity. It does meet the
dimensional standards to classify it as usable open space as well. Here are the
elevations the applicant is proposing this evening. I would mention to you that the gross
density of this subdivision is 3.77 acres -- dwelling units to the acre. Average lot size is
6,700 square feet, so it's a little bit larger than the minimum standards required for the
R-8 zone. The collage before you does depict a mix of materials. Staff has placed a
condition in the staff report that the applicant comply with these elevations upon
submittal of the final plat -- or prior to getting building permits. Planning and Zoning
Commission did recommend approval at the February 21st public hearing. Speaking in
favor was Scott Noriyuki. There were two gentlemen that commented. The first
gentleman was Mike Meyers and he is the property owner that owns -- that's the Ada
County parcels to the east of this site that's in Ada County still. And the other property
owner was Jerry Stevenson and he is the property owner that owns the one acre parcel
in Ada County. During the public hearing those gentlemen did present to City Council --
or to the Planning and Zoning Commission -- their primary concern is they wanted to
insure that there was a consistent fencing plan for the subdivision, meaning they want --
wanted to see vinyl fencing constructed as part of the subdivision and, then, also both
gentlemen entertained having Commission recommend single story housing adjacent to
their boundaries as well. Key issues of discussion was those items I just discussed. At
the hearing Commission did not amend any of those conditions to reflect the public
testimony, but they did amend a condition that required that the applicant comply with
the block length requirements in effect at the time of final plat. One thing I failed to
mention to you is there is a UDC text amendment coming forward towards the end of
April. Currently this block here where the central park is located, currently that block
length does not meet the current standards in the UDC. As we promised Council back
about a month ago, six weeks ago, we said we were going to bring forth a change to the
block length requirements. Again, that is in process. It has been heard before Planning
and Zoning Commission and we anticipate it in front of you at the end of April. What we
have been doing is conditioning projects to comply with whatever requirements are in
effect at the time of their final plat submittal. Looking at this before you this evening,
based on the changes that are -- may come before you, it would -- appear it would meet
with the -- comply with the standards that are going to be presented to you in a month or
so. Again, we did receive written testimony since the Commission hearing. Mike
Meyers did provide written comments on the application. Again, he is requesting
Commission to take it under advisement the requirement for vinyl fencing and single
story homes along his boundary, which is that acre parcel on the east boundary. Staff
has received written testimony from the applicant's representative. In that written
testimony he has provided he has stated that he is working with the adjacent neighbors
Mr. Stevenson and Mr. Meyers. In that letter he also notes that he has an agreement in
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place to construct the fencing and, then, provide additional requirements based on
those conversations. I would mention to Council that nothing in that narrative or that
written testimony provides specifics. The really outstanding issue for you this evening is
really to ask the applicant to come before you and explain what those agreements are
with those neighbors and make sure that we have that public testimony on record so
staff can amend the staff report accordingly and get those agreements as part of the
record and as part of the conditions of approval. Other than that, written testimony staff
has not received any other out -- any other testimony on the side or received any phone
calls. At this time I will stand for any questions you may have.
De Weerd: Bill, I guess I just had one to clarify. I believe that in our ordinance the lots
that back up to the arterial will have some kind of a treatment on the back of them
where they have to have a variation or modulation or something. Is that correct?
I'm just verifying that.
Parsons: Madam Mayor, give me a moment and I will look at the conditions in the staff
report and see how we have it worded for you.
De Weerd: Okay. You can look at that and Iwill -- Council, if there aren't any questions
at this point, I will ask the applicant for comment. Good evening. If you will, please,
state your name and address for the record.
Noriyuki: Scott Noriyuki with Northside Management. 6810 Fairhill, Boise, Idaho.
De Weerd: Thank you.
Noriyuki: Madam Mayor. Council. First of all, I want to say that I do agree with the staff
report. We have no concerns or issues with that and we appreciate the effort staff's put
forward. With respect to -- Bill, can we pull up that site plan, please? Thank you. With
respect to the neighbors, I have met with both neighbors. Unfortunately, Mike isn't able
to attend this evening, but we have traded some correspondence via e-mail and phone
calls. I have agreed to fence -- keep the fencing appropriate and consistent, which is
going to be vinyl fencing across the entire perimeter of our property and that is what
both Mr. Stevenson, as well as Mr. Meyers had requested. We are okay with that. With
respect to Mike Meyers' letter to the city, as well as conversations, he has asked me to
reduce the height or restrict the height along his property boundary for all of our
proposed homes to single story. I'm not prepared to do that. Predominately because
this is an R-8 development and we are looking at -- on average we are going to have
between 60 to 65 foot wide lots and if we restrict those to single story structures they
are going to be very small and it's going to be very hard for us to come up with any kind
of product diversity on such a constructed site. Furthermore, he has -- our shared
property line, he has a cell tower and a cell tower lease in place and his house is farther
-- upwards of 200 feet from that property line. So, from a standpoint of a two story
impact if you will, I had a hard time making that concession. Furthermore, his property
will eventually -- and we have discussed potential purchases -- will eventually become
an R-8 subdivision at that time. So, it just didn't feel -- it didn't feel like something that I
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thought was of genuine benefit to anybody at our lot. However, the fencing, absolutely.
With respect to Jerry Stevenson's property, which is a little more unique, it's a smaller
parcel, the feel and the impact of our development is going to be seen and felt more
noticeably without the cell tower being in place and that open space always being there.
So, what I have done is I have agreed, first of all, we will do the vinyl fencing. He's also
had some concerns as far as two story structures looking over into his yard. I have
come up with an agreement with him and he will speak to it here this evening as well --
that we are going to place several trees in the back yards of our properties, so that that
will create a better buffer for him, as well as I gave him a selection of one of the two
northern lots or our lots north of his property that are in the cul-de-sac, because they are
large enough that we could do a single story structure to retain a view corridor, if you
will, towards the Boise front, while retaining some good architecture and having some
space for the structure. With that I stand for any questions.
De Weerd: Council, any questions?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Scott, on -- along Mr. Meyer's property on your two story buildings would you limit
the height -- 35 foot? Is that what's normal two story building height?
Noriyuki: That's is correct. Yeah. We would fall within --
Bird: That's what's under our ordinance.
Noriyuki: Yes. We would stay within compliance.
Bird: Is there any way that you can build a two story like at 30 feet?
Noriyuki: Well, we can, but, then, it gets back to the concern of having those flattened --
and, you know, from an architectural modulation standpoint sometimes it's nice to have
those steeper pitches. I think if we fall below a three twelve they could look unpleasant.
Bird: Then you're in trouble.
De Weerd: They can look unpleasant. That's a good way of putting it. Any other
questions from Council? No? Okay. Bill, while we have Scott up here, did you find that
part of the staff report?
Parsons: Madam Mayor, I did.
De Weerd: Okay.
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Parsons: Previous projects we have conditioned the applicant to provide that pattern
variation and detail that -- those specific facades along common open space, arterials,
roadways. This project does not have that provision in it. If it's the Council's desire we
could certainly add that as a provision of approval tonight.
De Weerd: Okay. I thought that was -- it's been discussed as policy and has that never
been institutionalized?
Parsons: Madam Mayor, Members of the Council, it has been institutionalized in the
design manual, but currently single family homes are exempt from design review. What
we have been doing, though, is -- based on discussions with the applicant we have --
been coordinating with them and, then, conditioning projects accordingly to provide
some of that design -- those design elements on all four sites. This potential -- potential
project doesn't have it at this point, but I'm aware of language that we used on previous
projects and if it's your desire we can certainly amend the findings -- the conditions and
add that.
De Weerd: Okay. Any further comments for -- or questions for the applicant?
Thank you, Scott.
Noryiuki: Thank you.
De Weerd: Okay. I did have Jerry Stevenson signed up as neutral. Welcome. If you
will, please, state your name and address for the record.
Stevenson: Jerry Stevenson. 6040 North Ten Mile Road.
De Weerd: Thank you, Jerry.
Stevenson: Madam Mayor and City Councilmen, this development here is much
improvement from the previous one that had been approved and I appreciate Scott's
willingness to try to work with the neighbors to try to overcome some of the barriers we
have had and I think most of it is is Mike and I both are still country boys, we have lived
out there for many years and the privacy and, of course, I'm going to lose my views of
the mountains and everything, so that was my concern trying to restrict it to single level
around my place and, then, having people looking down on you all the time or going out
there and waving to the people in the back windows is always, you know, very
comforting as well. So, I do appreciate Scott's willingness to, you know, resolve the
fence issue, go to vinyl instead of wood fence, and, then, also on the perimeter of my
property there he has agreed to put in some trees. We haven't really defined anything
in writing and I don't know how to do that, but I think, you know, the purpose of this is to
have some conifer type trees to -- to try to make up more of a privacy -- I realize it takes
time for trees to grow, but, you know, that's something that, you know, I can live with on
that. And, you know, he said I will put sizeable trees in there to start off with and I don't
know what the appropriate distance would be on trees, but, you know, I'm thinking about
one every 20 feet or so, whatever can be determined in a landscape type plan for the
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purpose of, you know, some type of privacy on that. I fully support the --the developer's
proposal right here. It's like I said, this isn't much better proposal than what had
previously been approached. Thank you .
De Weerd: Thank you. Is there anyone who would like to provide testimony on this
item? Okay. Thank you. Council? If there is no further questions I would entertain a
motion to close the public hearing.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we close the public hearing on PP 12-018.
Rountree: Second.
De Weerd: I have a motion and a second to close the public hearing on Item 9-F. All
those in favor say aye. All ayes.
MOTION CARRIED: ALL AYES.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Hearing no comments, I move that we approve PP 12-018, the -- for Northside
Management and along the Meyers property two story houses will be allowed after
looking at elevations. There is plenty of trees between his house and whatever they
would build, a lot of ground, and also to include all staff, applicant, and public testimony.
Hoaglun: Second.
De Weerd: I have a motion and a second. Does that include also on the Stevenson --
Bird: Yes. He testified to --
De Weerd: Mr. Bird, I'd also like to ask is that consistent with what we have required of
subdivisions in the past and to the UDC that those houses that back up to the arterial
and in the entryway also have the design modulation treatments to them as well.
Bird: And I believe that was in testimony.
De Weerd: Okay. So, that is part of your motion?
Bird: That's part of the motion. Yes.
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De Weerd: And second agrees?
Hoaglun: Second agrees.
De Weerd: Okay. Any discussion?
Rountree: I have none.
De Weerd: Okay. Madam Clerk, you changed. Still the same name, but --
Jones: Yes.
De Weerd: -- we appreciate you being here. Her --Jaycee's voice continued to deepen
as the night went on.
Jones: Yes. I think she needs some good rest.
De Weerd: If you will, please, call roll.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
G. Public Hearing: PP 12-019 Rushmore by Tealey's Land
Surveying Located South of W. Pine Avenue and West of W.
Idaho Avenue and W. Broadway Avenue Request: Preliminary
Plat Approval of One (1) Church Lot, Three (3) Buildable Lots
and Two (2) Common Lots Approximately 5.31 Acres in an
Existing L-O and R-15 Zones
H. Public Hearing: CUP 12-014 Rushmore by Tealey's Land
Surveying Located South of W. Pine Avenue and West of W.
Idaho Avenue and W. Broadway Avenue Request: Conditional
Use Permit Approval for aMulti-Family Development
Consisting of Three (3) 8-Plex Structures (24 Dwelling Units) in
a Proposed R-15 Zoning District on Approximately 2.17 Acres
De Weerd: And thank you, Jacy, we appreciate that. Okay. Item 9-G and H are public
hearings on PP 12-019 and CUP 12- 014. I will open these two public hearings with
staff comments.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
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Zaremba: I just a comment before we start. In the interest of disclosure, my wife and I
own a piece of property adjacent to the church that is on the north end of the property
we are talking about. I don't believe that gives me any financial interest in the property
we are about to discuss, so I -- unless somebody asks for me to recuse myself I will
stay and participate.
Rountree: I'm okay with it
Bird: I'm okay.
Hoaglun: Same.
Zaremba: Thank you.
De Weerd: Thank you. Okay. Thank you, Bill.
Parsons: Thank you, Madam Mayor, Members of the Council. The next item is the
Rushmore Subdivision. The property is located on the south side of Pine Avenue and
abuts West Idaho Avenue and West Broadway Avenue along the east boundary. The
Rock Creek Subdivision is to the west as well. The property is zoned -- a portion of the
property is zoned L-O, which is the church property and, then, the multi-family portion is
zoned R-15. This project was before you in 2006 under the same subdivision name. At
that time the applicant propose four -- six four-plex units for a total of 24 units. Since
that time those approvals have expired and now the applicant has come before you and
is basically, essentially, reestablishing the same thing that you acted on back in 2006.
To the east of this property we have single family residential zoned R-4 and R-8.
Across Pine we also have R-4 residential property. To the west we have an R-15 zoned
property, multi-family development. And to the south we have the railroad tracks and
I-L zoned property. One thing I wanted to mention to Council -- during the hearing at
the Commission we did not have the church property as part of a lot and block within
the subdivision. The reason why that was a requirement of this project was the
previous developer actually split the property illegally through the county through a
warranty deed, which isn't recognized by the city and so in order to make this property
whole and make this plat whole before you, it was a requirement that they come in and
have the church as part of this project. I would mention to you that the church has
submitted consent to being part of the application and they are aware of ACHD's
requirements and requirements of this plat moving forward. I'd also mention to you that
tonight I'm really going to focus more on the R-15 portion, because that is the first phase
of development. At this time there is no development proposed for the church lot. As I
mentioned to you it's more than likely that that will come in with a phase two when the
church has plans to develop their southern portion, which is south of West Idaho
Avenue. So, again, here is the plat. Again, we have one church lot proposed, three
multi-family lots, and, then, two common lots. The applicant is proposing a conditional
use permit to develop the three multi-family lots with three eight-plex units, two story
units. One of the proposed units will be -- will have the property management office.
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There is one common lot that will be provided that will have across-access agreement
across it that would allow for the shared parking and shared cross-access. ACHD will
be requiring the cul-de-sac to be terminated at the end of West Broadway and also be
dedicated for the church property moving forward. Here is the submitted landscape
plan. You can see here it's a pretty lush plan. At this time most of the open space and
amenities will be planned along the south side of the canal. I would let Council know
that there is fencing proposed along the Nine Mile Creek. So, children playing there will
not be impacted or get involved with the ditch there. Also the applicant is platting a 25
foot wide landscape buffer along the railroad corridor to be maintained as a common lot
as part of the subdivision. Staff has placed a condition that the applicant grant the city a
public use easement to allow amulti-use pathway in the future if it's not allowed to be
within the Union Pacific's right of way, so that will be held in perpetuity if Union Pacific
doesn't work with the city. Amenities include a covered picnic shelter, a plaza area, a
lawn area and a tot lot and there is also amulti-purpose building here along the north
boundary as well to allow for one covered bike storage and also as the maintenance
building requirement under the UDC standards. The open space and amenities do
comply with the requirements in the UDC and the multi-family development standards
as well. The applicant did submit alternative compliance for the proposed elevations.
They will be constructed of vinyl siding and astone -- basically a stucco wainscot
around the building. The patios do comply with the 80 square feet requirement in the
UDC. The carports have been conditioned to comply with the design and the color
palate of the subdivision, so powder coated, basically. One interesting feature about
this apartment complex is that the rear of the buildings will actually have a bay window
design in it, so to give it some kind of neat architectural relief on the back. Staff has
proposed -- has approved the alternative compliance, the director has, and we do
support the vinyl siding as an improved building material. The Planning and Zoning
Commission did recommend approval at the February 21st public hearing. Pat Tealey
spoke in favor of the application. There was no one there commenting and testifying in
opposition. Staff did receive written testimony from a gentleman in California. He was
in opposition of additional multi-family in the area, because he thought there was too
much of it in the area already. Key issues of discussion at the hearing was, basically,
the Commission was concerned about the location of the drainage facility in proximity to
the play area for the children. Pat Tealey testified at the hearing and said that that
drainage swale would be no deeper than a foot. So, it should be a pretty shallow slope
and it will be lawn. So, it should be pretty minimal per the impact to the design as well.
I did want to mention that -- as I mentioned to you we have a revised plat that is before
you this evening as well. I would also mention to Council that ACHD did amend their
staff report and sent that over this evening. Again, as I mentioned to you, they are
requiring that the church property when it is proposed to final plat that they dedicate that
turnaround, the cul-de-sac as a public right of way. I would also mention to Council that
there is a gate currently that restricts access from Idaho into that site. To my
knowledge, in speaking with the fire department they did approve that gated access,
because that right of way has not been dedicated to ACHD yet, it is private property at
this point in time. When that property does plat in the future and that roadway is
dedicated, that gate will have to come down and be moved onto the church property
moving forward. ACHD also requires that the applicant provide the sidewalks along that
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cul-de-sac on the church property as well when it develops in the future. I'd let Council
know that I did call the church representative this afternoon to let them know of ACHD's
conditions and they said they understood that, saw no concern with that and felt
comfortable moving forward this evening and having to take action on the application as
well. So, other than that staff has not received any additional testimony. It does
substantially comply with the UDC and the comp plan and at this time I'd entertain any
questions you may have.
De Weerd: Thank you, Bill. Council, any questions?
Bird: I have none, Mayor.
De Weerd: Would the applicant like to make comment? Good evening
Tealey: Madam Mayor, Members of the Council, good evening. My name is Pat
Tealey, 12594 Explorer in Boise --
De Weerd: Thank you, Pat.
Tealey: -- and I'm representing the applicant Angell Holdings. I will be referring to
matters concerned with the preliminary plat. The architect for the project is also here to
address any potential concerns on the conditional use permit. Bill pretty much
summarized what we have gone through to get to this point. Originally the church was
not going to be part of it, but in order to get into compliance with the subdivision code
we had discussions with the church and it's our understanding and it's theirs that this
will actually be a phase two. Their portion will be a phase two when they choose to
develop and they will not be involved in any -- any of our approvals, other than the
preliminary plat approval. In other words, they won't be exposed to any costs on our --
basically our side of Nine Mile Creek. This was previously approved in a similar
configuration in 2006, 2007. We are changing the layout from six four-plexes to three
eight-plexes, mainly because the owner feels that that's a better rental and cost
effective for him. This plat went as far as just about being recorded. All the utilities are
in, the sewer and the water, the power. Even the base for the road is in. Just trying to
resurrect it and get it pointed back in the right direction. If there are any questions I
would be glad to answer.
De Weerd: Thank you, Pat. Council, any questions?
Rountree: I have none.
De Weerd: Okay. Thank you.
Tealey: Thank you.
De Weerd: This is a public hearing. Is there anyone who would like to provide
testimony on this application? Thank you. Council, if there are no further questions for
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the staff or applicant on this item, I would entertain a motion to close the public hearing
on Items 9-G and H.
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Hoaglun: I move that we close the public hearing on 9-G and H.
Bird: Second.
De Weerd: I have a motion and a second to close the public hearing. All those in favor
say aye. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Hoaglun: I move approval of PP 12-019 and include all staff and applicant comments.
Bird: Second.
De Weerd: I have a motion and a second to approve Item 9-G. If there is no discussion
from Council, Madam Clerk.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
De Weerd: Item 9-H.
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Hoaglun: I move approval of CUP 12-014 and include all staff and applicant comments.
Bird: Second.
De Weerd: I have a motion and a second to approve this item, Item 9-H. If there is no
discussion, Madam Clerk.
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Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Public Hearing: MDA 13-003 Kingsbridge by Stetson Homes
Located East Side of S. Eagle Road Between E. Victory Road
and E. Amity Road Request: Amend the Kingsbridge
Subdivision Development Agreement (Instrument #105092050)
for the Purpose of Modifying the Landscape Berm Height
Along E. Zaldia Street
De Weerd: Item 9-I is a public hearing on MDA 13-003. I will open this public hearing
with staff comments.
Parsons: Madam Mayor, Members of the Council, the next item on the agenda is the
Kingsbridge Development Agreement Modification. The subject site is located on the
east side of South Eagle Road and just north of East Zaldia Street. The property before
you this evening is basically a common lot platted within the Kingsbridge Subdivision
that you acted on in 2005. The property is currently zoned R-2. During that review or
during the approval process of that subdivision a development agreement required that
a 20 foot landscape buffer was to be constructed and bermed and, then, a portion of the
adjacent buildable lots were also supposed to be combining with this common lot for a
total width of 25 feet. On the top section here of this exhibit is what was approved with
the final plat landscape plan that show the detail of that berm and how that landscape
strip was to be maintained -- was to look from a street view. You can see here this
detail references the 20 foot wide common lot. This is the five foot additional landscape
buffer that was required, which was a portion of the buildable lot and here is the six foot
vinyl privacy fence that was placed on top of the berm at a vertical height -- vertical
screen height of 11 feet and that was how the DA read. The applicant is proposing to,
basically, lower that berm -- they came in with two options -- two proposals. One was to
lower the berm two feet and move the fence back five feet for a total buffer width of 23
feet and overall height of nine feet or there other proposal was to move the fence five
feet south, lower the berm three feet to have a vertical height of eight feet. Based on
my analysis in the staff report I went with the option one, which lowered the berm three
feet and moved the fence back five feet. Some of the adjacent neighbors have provided
a large amount of written testimony on the application. I have included that in your
hearing outline to address what their concerns are. A lot of them have concerns
regarding the mature trees. As you can see in this exhibit they are encroaching on the
fence. I would also mention to Council that the landscaping is not being maintained
currently. Everything out there that was installed back in 2005 has died except for the
trees. Staff is unsure of the landscape -- if the irrigation system even works. But what
we try to do is look at the situation and propose something reasonable before you this
evening. Staff is comfortable that the berm can be modified and the fence could be
moved and the trees could be protected if we were to allow -- at least require the buffer
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to remain at 25 feet. That would at least allow them to release -- as you can see in this
exhibit, although it doesn't depict it very clearly, the fence line is fairly close to the tree
line. But if they were allowed to at least smooth out that berm it would allow a greater
separation between the fence and -- those trees now, which staff believes would
provide greater protection for the trees. The applicant -- the one other thing I would
mention to you is there are six homes that abut this common lot. All of those
homeowners are part of the application. They all agreed to be part of that. I mean
there is going to be significant expense to -- to modify the berm and relocate the fence
to each one of those property owners, so -- I mean staff is very sensitive to what they
are trying to do, it's just how to make sure we make everyone happy and this is one of
those difficult situations where they were approved fora 25 foot landscape buffer, the
developer at the time built a 28 foot wide landscape buffer, so now those homeowners
that are adjacent to the common lot lost the use of eight feet of their property and
paying taxes for eight feet of their property that they can't use. I would also mention that
there is a single family home that was built in single story. I have been to that person's
home, I have seen their backyard. The fence is practically on top of their patio. So, it is
definitely an odd situation that we put ourselves in -- and when I say we, I mean the city
as a whole. So, staff is recommending a modification, albeit it is a minor change, but I
will go ahead and kind of let you know what we feel is appropriate as far as preserving
that landscape buffer and addressing all the adjacent neighbor concerns as well. So,
what we have done -- what we are recommending this evening is we are having -- you
basically combine DA provision number four and number five in the existing DA number
-- provision number four basically states that they maintain a five foot landscape buffer
on the south side of the fence. DA provision number five in the existing DA states that
the developer is to construct a 20 foot wide landscape along East Zaldia Lane slash
street. So, basically, we are combining those two and saying, well, keep a 25 foot
landscape buffer and what we will do is make sure that it's still bermed. We are
recommending that they lower their berm three feet and move the fence back only three
feet, maintaining that 25 foot buffer. The overall vertical height would move -- would
change from 11 feet as approved in the DA to eight feet in height and that the existing
pine trees also would have to be insured protection and not be essentially killed with --
with the modification and relocation of the fencing and the berm. The second
requirement has to do with the maintenance of the landscape berm. As you know, our
ordinance requires that HOA -- that common lots for subdivisions are to be maintained
and owned by the HOA. In this particular case we have a requirement that says the
HOA is only responsible for 20 feet and we have the other five foot requirement is the
responsibility of the homeowner, who has no access to get back there. So, in our staff
report I basically have encouraged the applicant, meaning the homeowners, to
coordinate with the HOA to see if this is adequately addressed in the CC&Rs and see
what they can do to insure that their five foot strip is being maintained along with the
berm. The other thing is that we want to make sure that that landscaping is in place --
replaced and the irrigation system is working in accordance with their approved
landscape plan, so -- and that's what I have laid out with -- laid out for you this evening.
There is no perfect solution to this. This is kind of staff's best guess at making sure that
everyone is protected and insuring that the landscape berm is preserved and at the end
of the day the homeowners get some more rear yard and the owners adjacent to this
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get an esthetic landscape buffer along the street as well. Other than that public
testimony that I mentioned to you there are no other outstanding issues before you and
at this time I'd stand for any questions you have.
De Weerd: Thank you, Bill. Mr. Bird.
Bird: Bill, would you go back to the elevations -- there we go. What -- what is existing
right now?
Parsons: Madam Mayor, Councilman Bird, right now the berm doesn't --the berm -- the
exhibit on the left-hand side here that I have highlighted is what was approved with the
construction plans, but it wasn't constructed that way. A 28 foot wide landscape berm
was -- was constructed.
Bird: What have we got -- what have they got out there now?
De Weerd: A mess.
Bird: I understand that. I'm wanting to know why, when we make these DA's, that they
are not being upheld or they are not being followed and I'm sure that berm and trees
and fence was in before those lots that these poor people are having in their backyard
now was -- was sold and the houses were built.
Parsons: Madam Mayor, Members of the Council --
Bird: I mean how do we fix it?
Parsons: Councilman Bird, I think what I presented to you is -- certainly will give them
more backyard, will definitely help the esthetics of the berm. The only questions we
don't have answered is is the HOA going to -- is the developer -- the issue is is the
property went into foreclosure and so during that time period, as you know with the
economy things were neglected. I mean at one point this subdivision had their irrigation
system turned off, because the power bill wasn't paid. Idaho Power came out and took
their meters from their irrigation house, from their pump station, so they couldn't even
irrigate. And that's probably more than likely what's happened is it's just never been
back in repair when the new developer -- as you recall Boise Hunter Homes came in,
bought up a portion of the property. It's my understanding that they now control the --
the HOA has not been turned over to the homeowners yet, it's still under the control of
Boise Hunter Homes and so they are really the ones -- they have submitted an affidavit
of legal interest to be part of this subdivision -- or this modification and so I think it's
really -- they are on the hook to probably install 20 feet of that common lot. The other --
the other tricky situation is now there is five feet that the homeowners are responsible
for. I don't disagree with you, we probably should have never approved a landscape
buffer that was -- included a portion of the buildable lots, but, unfortunately, that's --
that's what's happened here and the other situation is instead of being built at 25 feet in
width it's built at 28 feet.
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Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Follow up. And this might be for Bill. You know, when we -- when we make these
DA's we -- we -- the developer and us agree to certain deals. How are we going -- and
this is happening too many times. We agree to something and it isn't getting done and
in the long run the poor people that go out there who don't know, they are the ones that
suffer. How can -- Bill, how can we make sure these DA's are being followed? Is there
away?
Nary: Well, Madam Mayor, Members of the Council, Council Member Bird -- and that's
a pretty broad question. So, I mean certainly there is -- there are methods to enforce
that if some of it's done at the building stage when there is a CZC is necessary or CO is
necessary, but this one we are talking about a landscape berm.
Bird: Yeah.
Nary: And so that's a little bit different and I -- the CZC, if I recall, is done at the front
end of the building, so I'm not sure exactly how those are going to get caught on the tail
end without staff or an opportunity to go and review all of those types of things. So, I
mean it's not an impossible task, but I mean, you know, those things are going to
happen on occasion. I don't think they happen very often, but they certainly do happen.
But I don't have a better answer. There is certainly ways to do it. I don't know why it
didn't happen here.
Bird: I don't know either.
De Weerd: Okay. Any other comments? Mr. Zaremba.
Zaremba: Madam Mayor, it's just a comment. At the time this came through I was on
the Planning and Zoning Commission and I remember some of the discussion. It's
highly unusual or it was then to have a berm and a fence and as I recall some of the
reasoning was not driven by the Planning and Zoning Department or even the
developer, I think it was driven by public testimony from people that owned the property
on the other side of Zaldia Lane who wanted to be buffered from this new development
and they asked for the berm, they asked for the fence. The developer was not able to fit
both the landscaping requirements and the fence within the allowed area, so his really
was an exception even then to our rules to satisfy something that came out of public
testimony. So, I have -- while I agree we have an issue with making sure that our DA's
are carried out, I have no problem with trying to find a way to fix this problem and I don't
know whether the people who currently live to the south -- or at least on the other side
of Zaldia are going to testify tonight, but I believe that's what happened many years ago.
Rountree: Madam Mayor?
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De Weerd: Mr. Rountree.
Rountree: Bill, what assurance do we have from the applicant for this particular item or
whomever has the HOA that it's going to be maintained? I mean to me it's folly to take
yet another action on this subdivision that has been a perpetual difficult situation with
the foreclosures and the different owners and the modifications and -- it seems like it's a
perennial that we get to try to fix or try to make it tilt to where it's economically viable to
do and here we have a situation where the DA wasn't followed in terms of the buffer
width. The height issue -- I don't know whether -- I don't recall that the 11 foot was
anything magical. I know there was a berm and a fence that was going to be required
way back when. But I'm perplexed of why we do anything until we have some
assurance that somebody is going to take care of it.
Bird: Yep.
Parsons: Madam Mayor, Members of the Council, Councilman Rountree, I think that
that's staff's concern. I mean in speaking with some of the adjacent neighbors they
have informed me that they have called our code enforcement officers to go out and try
to enforce the maintenance of that landscape berm and they feel like the items weren't
addressed and that's why the current -- the existing DA did not address maintenance of
the landscaping, that was addressed through the final plat conditions and that's why this
evening I am proposing language that it be reinstalled, replanted in accordance with the
landscape plan and at that point at least the DA will have a little bit more meat than
what we have now as far as a condition on the final plat. But you're right, Idon't --
before you this evening I don't have any assurances for you that the HOA has agreed to
my -- my DA provisions or not. I haven't even received written testimony from some of
the adjacent neighbors as to the requirements in the staff report, so -- I know I called
one of the -- one of the applicants, she's kind of the spokesperson for the group, and I
did inform her of the conditions and she was upset at my recommendation, just for the
fact that she still can't use anymore of her backyard and I truly do feel for that and that's
why we are here this evening to try and -- trying to come up with some kind of solution.
So, hopefully some clarity will come to all of us as we hear public testimony.
De Weerd: Thank you. So, I guess -- is the applicant here? Or applicant's
spokesperson? Welcome.
Ray: Thank you.
De Weerd: If you will, please, state your name and address for the record.
Ray: Yes. I'm Stan Ray at 4544 North Park Lane in Eagle and I am the owner of
Stetson Homes. Because I'm the applicant can I have a little more than three minutes
to give a little history or what do you want to do.
De Weerd: Yes. You get ten minutes
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Ray: Okay. Thank you. I am in huge favor for the original proposal for the modification
of the development agreement, which would allow us to lower the berm to three feet
and move the fence back five feet. That is what we would still like to do and are hoping
to do. A little history on it is that three years ago I built the first home in -- or one of my
first homes in Kingsbridge and after that time two others and, then, this past year we
bought two other lots and built our parade -- our spring parade home in there and it was
a huge success and we got about 15 build jobs from it, of which eight of them were in
this subdivision. So, one by one we would go around and buy up more lots, so that we
could meet the needs of these people and the last lots that people wanted it seemed
like were those south lots, because they seemed to be the shallowest of all. We were --
one of the lots -- well, first of all, several of these lots had restrictions on them, because
of the original development agreement they either had to be single story so that it didn't
impose the view or whatever from the neighbors. In 2005 when they made the first plat
it was denied, because they wanted larger transition lots and so they made the lots
wider -- they couldn't make them any deeper and, then, they made the five or six of the
lots be single level only. The first lot that backed up to the south boundary line was Lot
4, Block 3, and we contracted with the Ross's to build a two story home. It was the only
lot along there that would allow a two story and we built their home. We contracted with
them, we purchased the lot, we went out and laid out the lot and at that time we found
that the measurements didn't add up and it took us a couple of days of measuring to
understand that the property pin was eight and a half behind the fence and so that's why
instead of 15 -- or a 23 foot backyard, they were going to have a 15 foot backyard. We
met on it, discussed it, I had come down to talk will Bill Parsons, talk about some of the
options about the fence and felt like there was some opportunities that we could move it
and with that understanding they agreed to go forward and we built their home for them
and they closed on it in August. I had a similar situation with Meagan Thorndyke,
except her lot had to be a single level and because it was a single level -- and all of
these homes -- I mean some of the first homes in there were 750,000 dollar homes in
2006. So, they didn't want us coming in there and putting up small homes that would fit
on a shallower lot, we had to try to make them nice 300 to 450 thousand dollar homes
and hers being a single level it took a larger footprint and we figured that, you know, we
would do as much as we could and we went back to the 15 foot minimum backyard
setback and when we went to lay it out we found out we only had seven feet instead of
15 feet. We had already had discussions, felt like there was opportunities. I'm an
optimist and we -- we went forward with me promising these homeowners that we would
do all we can to try to get this fence moved back to the property line or close to it, so
they could use an adequate backyard. So, then, we began the process of doing the
fence -- or the modification. We came -- we submitted application, we held a
neighborhood meeting at the end of July or the beginning part of August. We had 12
people attend. A few of them were neighboring neighbors that had two to five acre lots
over by Napoli. I think a few of the Napoli people also came and we explained what we
were trying to do. We had some problems getting Boise Hunter, the declarant, to be on
the application, so that took another four or five months, finally got his consent and so
we had another neighborhood meeting. We were trying to get it done as quick as
possible to see if we could still get the fence in and because Meagan was now living
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March 26, 2013
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with mud and dogs and them coming in the house and it was -- I was not nice and so
we pushed our envelope and tried to get this meeting as soon as possible. We
happened to have it on Valentine's Day, on February 14th at 6:00 o'clock. Not many
people came. We understood that. We, then, tried to have another meeting with some
of them. I was out of the country in the Philippines for two weeks and we were able to
meet with a few others just yesterday to try to explain what we were doing and to
overcome their concerns. As far as the concerns go, I know that you were discussing,
you know, how do we keep this from happening. I think we have a solution for this one.
It's not going to cost the city anything. We homeowners are willing to pay it, so that we
can enjoy the lots the best that we can. When you think of the eight percent -- eight and
a half percent of our lot is not being used right now and you pay on that much property
taxes and things, that's another unfair thing. So, as far as what we are doing in the --
we had talked about just moving the fence and not changing the berm, but as you do
that that's moving the fence down the hill further and not having a flat surface to put it
on. The fence right now is crooked as a six pence if you stood up by it, because it was
put on a berm that came up to a peak and it was not compacted and so the fence didn't
hold up. So, by moving the fence (think -- I don't think we are going to have still a
stable berm. By lowering the fence three feet we are going to have a flat surface, we
are going to be able to compact the berm better and be able to put up a solid fence and
we have contracts set to go with some fence companies that will guarantee that those
fences will be solid and good. As you lower the berm it's also going to create a larger
tree well for the trees so that they can have more water retaining instead of being on a
steep slope and so that will benefit and help those trees. The rest of the vegetation
there isn't worth talking about. I have done five or six developments myself. Probably
the most appropriate landscaping along that would be what they call afescue -- red
fescue grass that just lays over and you mow it twice a year and that's about all the
maintenance that it requires. You still have to get water to it, but it takes minimal
landscaping. I don't know if that's what Boise Hunter is going to propose to do, but most
developers that's what they would do in a situation like this. As we talked with Bill
Parsons, he explained to us that by complaining to the city that they would then enforce
that whoever is responsible for that landscape area will need to come out and maintain
it. But us moving the fence that lessens the amount of responsibility they have, five foot
less berm that they will have to maintain and we are going to take over that portion of it
and if they do maintain it, then, rather than making it more of an eye sight we are going
to have a straight fence, we are going to have better watered trees and we are going to
have some other landscaping that will beautiful the area, rather than be a negative
towards it. As far as the fence lowering, it's hard for me to imagine that seeing a foot
more of a house is going to cause a person's lifestyle to change and be negative, as
opposed to those that are living up -- that are back up to it and have the fence right in
their face and how much better it would make their lifestyle by moving it back so that
they can utilize the property that they have paid for. When we do the berm, one thing
that is always required is that we get the eight inch straw tubes and we put all along
there so that none of the dirt of anything can go down into the landscape or the creek
area that's there now and so that will be protected and we are going to use good
judgment in using our track hoes and caterpillars or skid steers to pull the dirt towards --
we have left two of the lots vacant there so that we can access it and get behind these
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homes and bring that dirt down so that it doesn't impact negatively the supposed
landscape berm, it will all come towards the lots on the Kingsbridge side. I think that's --
anyquestions?
De Weerd: Council, any questions?
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Hoaglun: Mr. Ray, were you planning on reusing the existing fence or were you going
to put in a new fence?
Ray: We will reuse parts of it. I don't think we can use the posts. We are planning on
replacing all of the posts, a lot of the lattice and the pieces can be done if they have
holes in them. We are going to make sure that it's a new fence when we are done.
Hoaglun: This type of fence with the lattice work is -- which is not much of a visual
barrier, it kind of defeats the -- I think that's one foot that you lose from -- if you actually
want a keep people from seeing something you lose a foot, so --
Ray: I know. One other thing I did miss was that some of -- there is several different
kinds of evergreen trees that are planted back there. Some of them are perfect for the
situation. They are narrower trees, they are serbien spruce, they are white pine trees
and, then, there is a few of them that are the big Scottish trees that shouldn't have been
planted there and those are the ones that are big. There is six of them. Those trees
can be trimmed and pruned and we can do that while we are doing it and it will not hurt
the tree at all. You can see how Idaho Power goes around and trims trees, they don't
do it to make them look nice. We are going to trim these to look nice and it will help and
beautify the tree, rather than be a detriment to it.
De Weerd: Any other questions?
Bird: I have none, Mayor.
De Weerd: Okay. Thank you.
Ray: One more last thing that if by chance one or two of those trees was to die we
would give our promise to replace it and we told that to Boise Hunter Homes. Replace
any trees that we might lose as we are doing this fence. I can't imagine why one would
die, but --
De Weerd: So, how long has Boise Hunter Homes been, then, responsible for the
HOA?
Meridian City Council
March 26, 2013
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Ray: They came in in May, June. No. It had to be a month earlier than that. I think
April. Because I submitted for my parade home -- homeowners and it had to go through
them instead of Randy, the previous homeowner. So, I think it was about April.
De Weerd: So, in talking to him does he have a reason why this HOA common area is
not being maintained?
Ray: I don't have an answer for that, except that it wasn't maintained by Randy, the
previous developer, and so when he took it on I don't even think they knew of it. It's just
kind of out of sight, out of mind, over there on that Zaldia Street and doesn't really affect
what's going on in Kingsbridge. You don't see it or drive by it.
De Weerd: He definitely knew about it
Ray: He might. He might. He's a pretty sharp guy
De Weerd: He bought it. He knows about it.
Bird: He knew of the condition.
De Weerd: Well -- and I would be curious -- well, I will save that for later. Thank you
Ray: Thank you.
De Weerd: Okay. We do have a number of people who have signed up. When I read
your name if you would like to come forward at that time and provide testimony, I invite
you forward. If you prefer not to testify, just want this read into the record, you don't
need to come forward and let us know that. Now, I will tell you there is some names I
can't read, so when I read it and I have mutilated it, I apologize it advance. Frank
Shoemaker signed up against. Would you like to provide testimony? Please come
forward. If you will, please, state your name and address for the record.
Shoemaker: Excuse me. Thank you. Madam Mayor and City, I am back. I have
De Weerd: Mr. Shoemaker, can I have you state your name and address.
Shoemaker: I'm sorry. Frank Shoemaker. 2497 Zaldia Lane.
De Weerd: Thank you.
Shoemaker: I live on the south side of Zaldia Lane. I have provided testimony on the
other -- when the developer was developing the subdivision. And we -- several
individuals fought for a nice buffer zone from what that developer was planning to do.
That's why we have the berm and the landscaping the way it is. I don't think it's our
responsibility as adjacent homeowners to go out and see if they are making the
landscaping berm per agreed upon in the development process. So, we did not know
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that they were taking, you know, five feet or whatever from these lots, but we -- so we
ended up with this nice landscaped buffer, but we do not -- it's not maintained. No one's
ever maintained it. We have had five or six trees die. We have cheat grass. The
sprinkler system is broke. Kingsbridge Homeowners Association doesn't even know if
he owned it, neither does Hunter Homes I guess atone point in time. But if I would like
maybe to give a little bit of history on what's taken place here is on the subdivision
covenants it specifies one level homes along this area and that was for a reason. We
did not want to be having the two story houses and looking into someone's backyard or
the back end of a tall residence. You know, the back side's ugly, the front side is nice.
We didn't want to see that from our perspective on Zaldia Lane. So, on the subdivision
covenants it specifically states one level homes. So, Stan Ray, to my understanding,
knew that it specified that, but yet he wanted to build some two story homes along this
portion of this subdivision, because the lots were not configured to accommodate a one
story like they wanted. So, he asked for a variance, if that was possible. Bill Parsons
says, no, it specifies here one level homes. So, now Stan Ray and Meagan -- the
homeowners come back with a one story house for this particular lot that's in question
this evening. The planning commission looked at the site plan and identified there is no
backyard, which is quite unusual. So, he asked the builder if they were aware of that.
Obviously they were. They continued to build the house anyway. There was no due
diligence whatsoever. The berm was -- the berm was there. The landscaping was
there. The fence was there. They decided to build the house anyway and, then, they
were willing to gamble, as we are here tonight, on trying to, you know, move a fence
line. Is that my beeper to quit?
De Weerd: It is. But if you'd like to just summarize
Shoemaker: I will be real quick.
De Weerd: Okay.
Shoemaker: So, what they have proposed is to move the fence five feet --there is trees
within two feet of that fence, so they are just supposed to wipe them out. And when
you ask them about a landscaping plan, they really didn't have any. It's all hearsay.
You know, nothing's concrete.
De Weerd: Okay.
Shoemaker: To move afence -- the conclusion is to move the fence, to lower the berm.
It needs to remain the way it is. It was there when they bought the lots, they needed to
use some due diligence on their decision and they shouldn't interrupt the landscaping
and we should have some kind of protection on the landscaping being maintained that's
not being done.
De Weerd: Thank you, Mr. Shoemaker. Verna Kessler signed up against. Good
evening. Thank you for bearing with us this long into the evening. If you will, please,
state your name and address for the record.
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Kessler: Yes. My name is Verna Kessler, 3389 East Fratello Street in Meridian. I live
in the Napoli Subdivision and I'm accompanied this evening but all of these members of
my subdivision. I'm the secretary treasurer and I'm going to make a statement on
behalf of everyone here.
De Weerd: Okay. You will get more time as a spokesperson, so --
Kessler: Okay. Thank you. Mr. Ray's proposal to lower the berm and to reduce the
green space buffer along Zaldia Street is going to have a materially negative impact on
the homeowners in the Napoli Subdivision. Could you -- yeah. Right here you can see
Napoli Subdivision. There it is. I live in the corner back here. Can I use the mouse?
This one. I live in this corner right here and so as I sit in my office I look down the street
and I see the street. The only way to get in or out of our little subdivision here is on
Zaldia Street. At the end of Kingsbridge is where Zaldia Street turns into Zaldia Lane.
But Zaldia Street runs -- well, sort of. At the end of Napoli. Right there. Uh-oh. Did I
do that? Okay. In any event, moving the berm and moving the fence back is going to
have a negative impact. Mr. Ray's statement that it's a poorly built fence, is not located
per the development agreement, that is absolutely not true. I have in my hand a
modification to the settlement agreement where the Zaldia Lane neighbors, as they
were called, agreed with the developers of Kingsbridge to the 11 foot berm which
included the berm -- or 11 foot privacy barrier with the berm and the fence on top of it.
Was agreed to on April 28th, 2006. We talked earlier this evening -- you talked about
establishing these development agreements and making sure that they stand. This is
an agreement that was enter into by Kingsbridge and everyone. I have copies of it here
if you'd like to see. The reason that the berm ended up 28 feet wide is because the
Army Corps of Engineers had an interest in Nine Mile Creek. That isn't just an irrigation
ditch, that's a protected waterway that goes down Zaldia Lane. The Army Corps of
Engineers at the time had an interest, but it doesn't anymore, evidently, because too
much time has gone by. Kingsbridge has not taken care of the berm. Some of the
trees -- well, just maybe one or two of the trees may have died, but the trees have
grown. All the other landscaping was just eradicated, either left to die or not cared for at
all. But the creek is still used by land -- or by wild -- wildlife, birds, and other mammals
and we enjoy it. It's the only thing we have as we go in and out of our subdivision is the
landscape there on the berm. I feel real sorry for the homeowners in Kingsbridge that
they didn't do their homework before they had their builder build that home that close to
the fence. The green space that's created by that berm is one of the only good parts --
one of the few good parts of our subdivision, because we have no other amenities,
except the entryway and so if the berm is allowed to be lowered and moved back --
some of those trees have grown so much, you move the fence back and you will have
to put the fence right up against the trunk or maybe put the fence on the other side of
the tree. That's not what the development agreement said. We depended on that when
we moved in there. Thank you. That's all I have.
De Weerd: Thank you. Greg Simpson signed up as neutral. Okay. Again, you don't
have to come up if -- is Mr. Simpson here? Okay. Bradford -- Bradford, I don't know
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March 26, 2013
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your last name. Dodman. Okay. Justin Ross signed up for. Good evening. If you will,
please, state your name and address for the record.
Ross: My name is Justin Ross. My address is 3293 East Plympton, Meridian, Idaho.
83642.
De Weerd: Thank you.
Ross: As you see the two houses, this -- Meagan's house is the one that's on top of the
fence where the hand is. Mine is just down on the very end, which is right here. When
we bought the property -- if you go to Ada County's website -- Ada County assessor's
website it shows the fence and, then, it shows the property line eight feet behind it. So,
when we bought those properties we thought that, well, there was a mistake and that
there shouldn't be an issue with moving that fence to the property line, which is our
property, and I know there is some concerns about the people who live in surrounding
neighborhoods, but who deals with that fence more? I have five children and I don't
have a backyard and if I go to the Ada County's website, the assessor's website, you
can look how crooked that fence is and that it is exactly eight and a half feet in the
wrong place and so, you know, doing due diligence is not the real judgment here that --
I don't think and that, you know, the proposal of five feet, you know, if you look at the
square footage, I have about 1,400 square feet of my backyard that I can't use and the
fence and the landscaping -- if you look at what the proposal was for the landscaping to
begin with, it looked like there was a flat area. There is no flat area. It is on a peak.
There is no way you could mow that side or maintain it, because the poor landscaping
that was done. Yes, there is pine trees, but those pine trees were planted five years
ago and so if the pine trees are in question, you know, like Stan said -- Mr. Ray said, we
would plant more trees, you know, but my property is my property and paying taxes, you
know, as a father of five children and my wife and I'm the sole provider, is not easy to
pay taxes on something that I can't use and so it is concerning and, you know, when
you look at the Ada County website you would think, hey, you know what, they just put
the fence in the wrong place. But it's more than that. But it still is on top of our house
and so the proposal of five feet, you know, it's not all of our property, but it is enough,
so --
De Weerd: Okay. Thank you.
Hoaglun: Madam Mayor?
Bird: Madam Mayor? Oh, go ahead, Brad.
De Weerd: Mr. Hoaglun.
Hoaglun: I was just going to ask Mr. Ross have you had -- when your property tax
comes -- well, actually, you got to do it at a certain time, but the tax assessor come out
and looked at your property, because that -- they do give adjustments when you have
property that's not usable. Has that been done?
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Ross: No, it has not and the reason is is because we knew that we were coming to this
-- that this was coming to a head and that we didn't want to get that land reassessed
before we figured out if that fence was going to stay or not and so, you know, I haven't
gone through that yet, you know, but, you know, it's not just the taxes that is being paid
-- and, you're right, I can get around that and get that taken off. But it's about the
backyard and, you know, we have houses that range from 300 to half a million dollars.
The backs are not ugly of these houses. This is not, you know, just a -- it's -- these
houses are beautiful front and back and we care about it and so --
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Mr. Ross, I feel for you, but I understand this was a custom built home for you, it
was -- or was it -- did you buy it after it was built?
Ross: No. It was a custom --
Bird: Okay. I have never known a house to be laid out and built off the Ada County
website. I mean you had to know that that property -- and before you put up a 400, 500
thousand dollar house I would think you would want to get it squared away to know and
I feel for you really bad. I -- I mean it's a horrible situation that you have been put in, but
a lot of it -- your builder should have -- I mean there are stakes -- have you got property
stakes back there?
Ross: No. You can't even --
Bird: How did you -- how do you know your property line then? How do you know your
property line?
Ross: That's exactly right and --
Bird: My home is 47 years and I can go out to the stakes right now and show you on
each corner.
Ross: And you're right, you know, and the situation of us getting this house and building
this house, you know, is -- the lots were going so fast and that was such a nice
subdivision -- great subdivision that we wanted to be in and we wanted to raise our
family and so did we jump the gun, you know, and not prepare that in case of losing that
property? We might have, you know. And, you know, the bad thing is is that, like you
said, you know, from the beginning of this subdivision on that side nothing was followed
and nothing was held accountable and -- and it is sad that, you know, the people of the
neighboring neighborhood have to deal with it, we have to deal with it, but we are the
ones that have to deal with it more than anyone else, because it's in our face and every
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time I walk in my backyard, you know, my kids are like -- we haven't put any landscape
back there yet, because we don't know, you know, and so --
Bird: The only thing nice about it you don't have much lawn to mow.
Ross: Excuse me?
Bird: The only thing nice you don't have much lawn to mow.
Ross: That's true.
Bird: I could even mow that.
Ross: Definitely. Is there anymore questions?
De Weerd: No. Thank you.
Ross: Thank you.
Parsons: Madam Mayor?
De Weerd: Staff. Yes.
Parsons; I'm sorry to interrupt. Some points of clarification for Council to take under
advisement as well as we move through public hearing. Because of the provisions in
that development agreement staff reviews all house plans that are constructed in that
subdivision to insure that certain lots have single story homes, that certain lots -- that
the minimum home sizes are being met, that the revised setbacks are being complied
with. So, I can assure you we have looked at these house plans and they do meet
those setbacks. Also as far as -- to Councilman Bird's statement as far as your property
pin, I have been on site with one of the adjacent homeowners and I have verified that
the pins have been set in that berm. We have seen them out there walking that. So,
the surveyor did stake it. They are out there. You can find them if you go out and dig in
it, but I just wanted to let you know that --
De Weerd: Well -- and the setbacks go from the property line, not the fence.
Bird: That's right.
De Weerd: So, you know -- okay. Valerie Ross signed up for. Okay. Meagan
Thorndyke signed up for. Good evening. If you will, please, state your name and
address for the record.
Thorndyke: Meagan Thorndyke. 3421 East Plympton.
De Weerd: Thank you.
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Thorndyke: Madam Mayor and Council. I would like to just basically summarize
everybody else's points at this time. I'm the one with the house we put the fence right
on top of in my backyard. I have pictures. I don't know if it matter. We have seen our
property pins. I was promised that we would be able to move the fence a minimum of
three and a half feet because it was -- the development agreement wasn't followed
through properly in the first place, so -- it's a long line of promises and promises and
now we are just here to try to fix it. I have talked -- I have had three different
landscapers out there to bid this job and every single one of them has said five feet's
possible, no further without hurting the trees. So, the other homeowners who stated
they are only two feet away from the fence. There are some that are closer than others,
but they are not two feet away from the fence. Sorry, I'm not good at talking in front of
people.
De Weerd: That's all right.
Thorndyke: The fence is falling down everywhere. It never has been, like Stan said.
It's been put on a peak. It's falling over. There is holes everywhere. We also want that
area landscaped and maintained back there, but it's -- we are required to maintain, you
know, between eight and three to five feet, whatever is decided. How are we going to
get back there and do that? How are we supposed to be required to pay taxes and
maintain landscaping for something that we don't even have access to? That's another
one of our concerns. And we are not asking for the full eight and a half feet, we are just
asking for five and I just feel like that isn't much to ask for when we are not going to hurt
the existing landscaping. Quite frankly it's going to look better for the adjacent
neighbors than it does now. And I mean I don't know why Kingsbridge and Boise
Hunter Homes hasn't landscaped it, but -- I mean why all of us neighbors are promising
to get them on it. We pay our homeowners association dues and feel it should be
landscaped as well. Yeah. So, I lost 15,500 square feet of my house and -- or my yard
and on the plat map when we were building it does show, like you say, the property pins
and the setback was from the property pins and so when we laid out the foundation it
was way closer to the fence than what we saw on our plat map, because the fence was
put in the wrong spot. So, I just feel like that the original development agreement was
never properly enforced. The trees are not 20 feet on center, they are all different
measurements in that landscape berm. There is nothing that has been done properly,
so I just don't see how they can hold us to a development agreement that was never
followed through properly in the first place.
De Weerd: Okay. Council, any questions?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I got a question, Meagan. You know -- I don't know if you want to live there the
rest of your life, but what are you going to do -- you say you're giving up three or four
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feet of your actual property line. Are you going to get that changed in a legal
description? What if you want to sell this place?
Thorndyke: Yes.
Bird: And the buyer wants to go back to the -- I -- the sad part of it is this is something
that is a big mess and I feel so sorry for you guys. I don't know how to fix it.
Thorndyke: Well, we are bummed, too. That's why we are asking to just regain part of
our property that we can.
Bird: That's only solving -- that's only temporary solving the problem.
Thorndyke: Well, we are not going to come back and ask for the other three and a half
feet, because we are agreeing not to hurt the existing trees and our property line runs
right through the middle of those trees. Why that ever got approved I'm not sure, but
the trees were put in the wrong spot, because that leaves us -- you know, with a
bummer deal. And so now we are just trying to get what's rightfully fair -- I mean there
is no down side to us moving our fence back five feet. We are not hurting any trees.
We are making the landscaping better. The fence is going to look better. I don't see
any downside, except for they might see into our houses or our roof line one more foot
-- that's negative to this, to be honest. I don't know what -- and five feet, though it's not
a lot, it's a whole lot of usable space where my patio -- can I show you this picture?
Does anybody want to see it? I don't know if --
De Weerd: Can you maybe get the Elmo that we can show it? So -- that's pretty darn
close. So, just everyone in the audience can see what we just saw.
Thorndyke: Anything would be better than nothing at this point.
De Weerd: Thank you. Okay. Any other questions from Council?
Rountree: I have none.
De Weerd: Thank you, Meagan. Deborah Taylor signed up for. Terry Taylor signed
up for. Good evening.
Taylor: It's late. Sorry. Terry Taylor, 3261 East Plympton. I'm the corner lot. So, there
is a lot of stuff thrown out there where we didn't research or, you know, we should have
prepared properly. We did. Our basis was the plot and we looked -- and I'm the corner
house. If you look at the corner house -- I don't know if you can move it or not. We
moved our house. Is it perfect? No. It's what we have. We are in the middle of
building, we have got a big whole, we have got concrete people coming, move the
house, let's build it, we will make do. It must be in the wrong spot, because look at the
property line, it shouldn't be there. There is no reason. There is provisions. So, what
the Council is forced to decide now -- how many wrongs do we want to let go? Do we
want to keep Napoli involved and do what we said and be there for the team or do we
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want to -- and let us take it or do we want to kind of find some modification and the
Council is right, there is no easy fix. The first mistake was taking five feet of property
from us and not making a common area. That's the first thing. Took property and took
it right from the property. No lines, no nothing. So, when we are doing our research we
see the property line, we are doing exactly what we are supposed to do. That's what we
bought. So, I'm 14, 15 hundred square feet. I have got thousands of money in
landscaping already. I'm going to change it. I'm going to spend thousands more to
move the fence. Personally, I think we go back to eight foot or the property line, knock it
down flat, and fix it. That back side is not usable. It's a mud bog. We are talking about
making these changes to people's houses. They have got -- the Napoli guys, I get it,
but we all block somebody's view. We all got in the way. We all have to sacrifice. They
drive out their road for a two minute drive back and forth. I sit in my backyard for four
hours. I'm looking at a fence. I'm trying to make it usable and we are trying to get it
fixed the right way. I understand. But within a certain point -- that first mistake was
moving that property line onto our property and not making an easement or doing
something the right way. Now we compound it and compound it and compound it. It's
not going to make that big of difference, guys. Let's give us back our yards, put the
eight feet back in there. Now, we are back to ground zero, we are clean. We have
picked up the eight feet, we bring it down, we got usable on both sides and, again, this
is a 10,000, 15,000 dollar position for me. But now our neighbors have a usable
backyard. We have got better -- the fence is going to fall down. They dug a hole, they
put dirt and they put a fence on top of it. Who is going to be responsible for that? Who
is going to fix the landscaping? Who is going to fix the water? Nobody. Because
nobody is going to -- do I want to spend this much money for three feet? No. Would I
do it for eight? I'm going to whine and I want to make it -- this is the only way to really
do it right and that's what we are doing. We are just putting Band-Aids on bullet holes.
So, I mean I get it. We want to do right. And I understand the changes and I
understand there is things that we can do, but you guys really do have the power to go
back to where it should have been with hindsight, look backwards, go to our property
line. The trees -- if it's about trees make us put trees back there. If it's about visibility,
you know, we all block something. We have all got pretty nice houses. And I'm looking
at it for hours, not driving past it. So, I appreciate the consideration. I know it's a hard
decision, but you just really have a chance to make this right and not make an ongoing
problem. Thank you.
De Weerd: So, I do have a question and I don't know if it's for you, the neighbors who
are affected with the backyards or is it for Mr. Ray, who is the applicant, but have you all
gotten together, the neighbors -- the affected neighbors and the neighbors in
opposition? If we looked at continuing this and ask that the two sides get together and
see if there can be some consensus on giving you your eight feet, putting in a
landscaping buffer that's going to be maintained, that's -- this -- what you have now -- I
can't say that for the neighbors who look on the other side of it it's an amenity, because
it's kind of ugly. Just saying. But if I -- if you can find awin-win where you can get
something that's esthetically pleasing that when you do drive by you actually like it,
instead of feel let down that no one's maintaining it, it's not what you had thought and
when the neighbors on the other side of the fence that do see it 24/7 has something that
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they utilize. I would love it if we could see everyone get together and see if we can
come up with a joint proposal and something that is palatable on both sides of the fence
and that maybe a lot to ask, but -- and I can't say, because it's still an active application,
but if Mr. Nary says I can, I would even be there to blow the whistle if anyone gets out of
line. Just throwing it out there. Mr. Nary, would I be able to do that?
Nary: No.
De Weerd: Okay. See, I could have threatened that anyway. Just -- Council, I think
that we are going to hear this -- probably the same thing from, you know, the for and the
against and this kind of gives us hope maybe that we can get together and maybe find a
compromise, because that's really what you're asking us to do. You're asking us to help
find a solution and, basically, I feel that if the solution doesn't come from the affected
parties that everyone is going to be bitter and there will be no resolution. So, we will
ask the final word from the applicant. Yes, you may go sit down.
Nary: Madam Mayor?
De Weerd: Mr. Nary.
Nary: Maybe to help supplement your point, because this is probably one of our -- this
was quite a few years ago, but this is probably one of our stranger development
agreements.
De Weerd: It is very strange.
Nary: And partially because we were willing in 2005 to incorporate this settlement that
was done between not just this subdivision and Napoli, but, actually, a couple of other
ones as well. And we incorporated all of their settlement into this development
agreement. It's certainly amendable. That's not an issue. That's certainly a potential.
But everything -- actually, everything everybody says is right, but I think the Mayor and
-- that you're right in that to reach a resolution, because this was a joint effort and a joint
agreement among all these different subdivisions and now we are really only talking
about the ones that are affected directly, which is Kingsbridge and Napoli, that some
opportunity is necessary for them to at least have a meeting and see if there is some
way to resolve it, like they did in 2005. Obviously there is probably some different
players than there were at that point in time, but I think the way this development is
crafted and the way it was implemented I think that is an appropriate outcome for it to at
least have that opportunity to see if something can be reached as a resolution that's
jointly favored by both Napoli and Kingsbridge because of that. I think the settlement
agreement almost requires that, although it doesn't say that specifically.
De Weerd: Well -- and, frankly, the big missing party to this is the HOA Hunter Homes.
They have to take some ownership to this, because when they bought it they know what
they're buying. To not care what's on the other side of that fence or even what they are
doing to the lot -- the lots that they are selling on the other side of the fence is hard for
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me to believe that -- and, believe me, we hear stories that my realtor never told me what
was going on in that back -- in that -- on that lot, in the field behind the house and
everything else. So, certainly we can continue this and ask that the -- the two sides
meet and see if there can be a compromise. And certainly, Mr. Ray or Stan, you have a
say as the applicant. But really the City Council has the say. So, I will get through this
list. I will read the for and against and if you want to provide testimony, but we have
kind of -- I think we have a good sense of what -- what the issues are. But if you have --
but if you want to come up and address the Council, please, do so. Okay. Brian Larsen
signed up for. Good evening. If you will, please, state your name and address for the
record.
Larsen: My name is Brian Larsen. My address is 3485 East Plympton Drive in the
Kingsbridge Subdivision.
De Weerd: Thank you.
Larsen: Madam Mayor and Councilmen, I appreciate your time. I don't really actually
want to take all my time know. I actually am not affected by this. My house, if you pull
out, is on Plympton Drive, but it's in an area where I don't abut to this fence one way or
another. But my concern here is a couple different issues. Now I'm not even sure
where we are at. My house is just right -- far corner. Corner of Kingsbridge and
Plympton. And so I don't abut up to the back of the fence, but what I am concerned
about is -- to your point I would like to see both sides reach a compromise, but the
compromise I have is Boise Hunter Homes, as the owner of this subdivision, they are
only concerned with the back part of the subdivision. They sold all the lots in the front
part of the subdivision and while they still have control of the HOA and they haven't
given control of the HOA to the homeowners yet, so we can't -- we can't make a
compromise for the homeowners yet. We have to have Boise Hunter Homes here.
De Weerd: Uh-huh
Larsen: But from what I have seen and what I have talked to -- with them is they are not
interested in dealing with this part of the subdivision, they are only interested in selling
their back lots and building their homes on the back portion. They don't have any
additional financial interest in this front part. In fact, they probably don't want to get
involved at all, because they would have to pay out money or start paying to fix the back
area. So, what I'm concerned about is I think, you know, we could still meet, we could
talk, I'm concerned there wouldn't be any resolution without -- without the City Council
stepping in and offering your insights and your resolution. I'm -- so what I am
concerned about is I think, you know, we could still meet, we could talk. I'm concerned
there wouldn't be any resolution without -- without the City Council stepping in and
offering your insights and your resolution. I'm -- so what I am concerned about is I look
at these homeowners and I do drive down Plympton Drive and I see the other side of
the berm, not the berm on Zaldia, so I see what these guys see in their backyards and
my kids play in those open lots right now and I wouldn't want that myself and I look at
that and I say they have lost eight feet of their yard. They have lost -- and so, yes, we
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can fix -- they can fix the property taxes, but what they can't fix is maintenance of that
property on the other side without amending this. What they can fix is insurance issues.
You know, they are homeowners, their homeowners policy is paying insurance wise to
project those five feet, three feet, eight feet. Something happens on that back side,
whose property is it on? Is it on the HOA side or is it on their side. Me, as a
homeowner, I don't want any of my property outside of my fence. That may be me
being paranoid, but that's one of the issues I see for them is they have got an insurance
issue and with that note -- the only thing I want to say is I understand where Napoli is
coming from. I understand they want to see something pretty as they drive up and
down the road and I appreciate that. As the backside of my homeowners -- of my
subdivision, I want it pretty there. My wife and I walk up and down that road all the time.
When it becomes that homeowners association problem we will fix it if Boise Hunter
hasn't. But I do think when we are looking at this we ought to look at a long-term
solution and not a patchwork solution. We ought to not worry as much about trees --
because trees can be replanted. They can grow. We can buy bigger trees.
De Weerd: Mr. Larsen.
Larsen: And on that note I will let it go, but thank you very much for your time.
De Weerd: Thank you. Okay. Philip -- I do not know your last name. Di Angel
something.
Di Angeli: De Angeli.
De Weerd: De Angeli. Thank you. But Mr. De Angeli signed up against and July De
Angeli signed up against as well. Okay. Dee Oldham signed up against. If he doesn't
wish to testify. And William Schultz signed up for.
Schultz: Madam Mayor, City Council.
De Weerd: Good evening.
Schultz: Hi. I'm William Schultz. My address is 3292 East Falcon Drive in Kingsbridge.
De Weerd: Thank you.
Schultz: In regard to your question about meeting, I know I have been to -- or I have
been to one, my wife has been to one, and I know other parties have been there as
well. So, I know they have tried. I don't know what the outcome is of all their meetings,
but I know that they have tried. One of the things I would like to talk about is -- in that
one meeting they talked about line of sight. Well, line of sight is basic geometry. Where
ever they are at, you draw this triangle, okay, that's their line of site to their roof. You
can move that fence in and down and you will still have the same line of sight. I'd like
for you to consider that. The other thing is -- that I would be concerned about --
because I'm not directly affected, I'm a whole two streets away from it -- of this -- of here
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-- is property value. Those lots over there -- it's going to be difficult to sell the two
existing vacant lots and, of course, the other four houses that are on it -- property value
is going to go down. The other thing is -- that I do understand is not wanting to change
something. Okay. I purchased my lot -- I purchased that lot for a specific reason and I
set the house in a certain place so I could see Bogus Basin. There is one lot in the
subdivision quite a ways away on the other side of the canal -- if somebody builds there
I know I have the potential to lose that view. So, I have an option. I can buy that lot,
turn it into a park or whatever, or I can accept the change. The last thing I would ask is
for those that are opposed to this -- to put yourself in those other homeowners' position.
If you bought that and, then, you come to find out that these property lines and stuff and
the fence and the berm were not built to specs, would you want to just eat it? I don't
think so. So, please, consider other people with your opposition. That's all I have.
De Weerd: Okay. Thank you. Is there any further testimony? Those are the folks that
signed up . Okay. Mr. Ray. If you will just state your name and -- or just name for the
record again.
Ray: My name is Stan Ray
De Weerd: Thank you.
Ray: To summarize, I would like to say that I don't think we are interested in a
continuance. We have been given authorization by the city that we can move the fence
up to three and a half feet without anything. It's on our property. We can move it. It still
doesn't impact the development agreement. The reason we took the time to come here
is because lowering the berm makes a better fence, it makes a better landscape buffer
for these other people. It is part of the compromise and that's why we have delayed this
and made the effort to come here to have the Council make the decision today that
ought to be made that moving the fence back and lowering the berm is the proper thing
to do. As far as trying to compromise, as we go through the seven items that is on this
list of objections that they had, I have felt like that we have met at least four of them
easily with compromise. Modification to the landscape buffer would damage the
existing trees. We are guaranteeing that we will not damage the trees. We are
promising you that we are going to make those trees healthier by lower the berm, giving
them a larger well to have water from and that we are not going to bother them. The
only thing that these people have to look at there is the trees. There is nothing else to
enjoy back there, except for these few trees and if we promise to protect them and
nurture them and make sure that they stay there or replace them if one of them dies, I
think we have done our part in meeting that demand. Stability of the berm. By lowering
the berm, by compacting it and flattening it out it's going to stabilize the berm and make
it a better berm. As far as reducing property values, the homes that we built in there I
think exceed most of the property values of the other homes and so we are only
improving their property values, not lowering them. Esthetics of the berm. I think that it
-- we are not responsible for landscaping that. I have understood that the city has
enforcement codes. I have other vacant lots, I have been called on to go out and
shorten my weeds. They can't be over eight inches tall and things. I know that
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pressure can be put on Boise Hunter Homes to landscape that properly and that will
help them feel good about the landscape berm. As far as the greater visibility, there is
only two people that I know of, Philip De Angeli and one other that were here seven
years ago when these agreements were made to make the 11 foot high berm. Napoli
Subdivision did not exist -- none of those people were there that were part of this and
there is only two people that you're really trying to accommodate that were there a part
of the original agreement. The other people sold out and their properties were
developed and homes were put in. None of their homes back up to this. They are all
perpendicular. So, it's not like they are being faced with it, it's only by driving by that is
in any impact at all and I promise you and them that we are going to beautify it. If you
will do your part in holding Boise Hunter to landscape it, we will do our part to making a
good solid fence that's straight and preserving the trees, we have met their needs. As
far as the impact of wildlife, there has been a -- seen a few herons there that enjoy that
creek. We are not disturbing that whatsoever. We are not coming anywhere close to it.
We are putting up appropriate barriers so that we protect that so that that doesn't
happen. Mayor, I think that we have met all of their needs and I hope that you will see it
and vote in favor of these application.
Bird: Madam Mayor?
De Weerd: Thank you. Well, you know, my suggestion was put in place -- you can't
leave yet.
Ray: Oh.
De Weerd: Well, I guess you can if you want.
Ray: No. I'm good.
De Weerd: To me -- and no disrespect to those that are against this -- I want my eight
feet and I figure if Boise Hunter Homes, which I think I will ask the city attorney what --
what enforcement tools we have and -- and how that can maybe prohibit future building
permits until certain things are brought to code. I think the city can play a role in that.
But the bottom line it seems from Napoli is to have something that looks good and to be
a visible or visual barrier and I think you can do that and still meet the goal perhaps of
getting something that people paying taxes on back to their use and this -- this total
thing baffles me in how we can ask an HOA fence to be on someone's personal
property. I -- I'm sorry, I was here in 2005 and Ijust -- I'm embarrassed to all of the
neighbors involved. I don't see how this could happen. And I don't think that anyone in
Napoli would -- would want a fence in the middle of theirs. The liability issues of what
goes on on the other side of that, it's still your property. The maintenance of the HOA
supposedly buffer, it just blows my mind. So, I think what -- I know you don't want to
delay it and it's certainly not up to me, it's up to these fine gentleman on both sides of
me.
Rountree: Thank you for recognizing that.
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Bird: Yeah.
De Weerd: It is. But I get to run the meeting and so I can talk whenever I want.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I agree wholeheartedly with you and I don't think there is a person in here that
wouldn't be willing to move their property line eight feet in off their property. Is there
anybody in here that would willingly do that? That's what we are asking these people to
do. Would you move your property line in eight feet, Stan?
Ray: Only if I could exchange it for something better.
Bird: That's why I think what the Mayor offered to sit down -- I think it can be done. I
think these people personally -- and I was here in 2005, too -- deserve to get their
rightful property back. I also think that we can get a nice buffer for these people over
here, too. But these -- these people and these lots deserve the property they paid for
and I don't think there is anyplace in the development agreement that says you put the
berm on personal property. It always starts on the property line out into the common
area. Now, we -- I don't know how it got screwed up, but it got screwed up. So, we
need to sit down and figure out a way to do it, get these -- get it back right. All these
wrongs -- we can't just keep making wrongs. And given them back three feet is giving
them another wrong. Because when somebody -- they want to sell that place the legal
description goes back there and you got a berm and a fence sitting on it. Unusable.
And like somebody said, your insurance -- your homeowners insurance covers your
property and now their property is on the other side of a fence. They don't even know
what's going on. I think -- if you want to go forward that's fine with me. But I think the
Mayor had a great idea, to get together and get Boise Hunter Homes involved, too, and
let's get this thing settled and done right for everybody concerned. Two wrongs don't
make a right.
De Weerd: Mr. Nary, can you maybe tell us how enforcement of a common area and --
what kind of enforcement tools we have.
Nary: Madam Mayor, Members of the Council -- so, I have been sitting here looking at
this agreement and I guess the only thing I can say is that the reason exists the way it
does is because the parties who aren't here tonight, Vision First, who was the original
developer and all of those -- this is the agreement all of those parties made at the time.
So, the fact that they didn't decide to put it in a common lot was an agreement they all
agreed to. The fact that they put it into their property was something that's in this -- it's
in the settlement agreement, that's what they all agreed to. It's recorded. It's attached
to the development agreement and it's enforceable. So, if there are areas that are
property response -- there is responsibility, we would have -- code enforcement would
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have to determine who is responsible, who owns that property, whether it's individual
property owners or whether it's a common lot or has a common ownership to be able to
determine who should be enforced against. My guess is in looking at that aerial it's
clearly green on the front side of Eagle and not on this side. So, when I looked at that it
tells me it's -- the ownership is probably clearer on the front and that's why that's being
maintained -- I guess I don't know if that's the front, but the area where the -- on this
road -- it looks green to me. So, this appears to be clear if they are the owner must be
maintaining it and the other side is not. So, it may be the individual property owners
responsibility to be maintaining that, because it is their property. That's weird and it's
not common, but it does happen and it can be the individual people's responsibility. Is it
our normal preference? No. But when I read this settlement agreement it's supposed
to be in their CC&Rs and it's supposed to be recorded on their plat. So, there was
notice that this was there. It doesn't make it right. I'm not trying to blame anybody, but
it was there in this agreement that tells me that I think it's the property owners that are
supposed to be maintaining that. If they can come up with a better solution, which is
what I think the Mayor and Council are talking about, that would make a lot more sense
for everybody. I would totally agree that having some common ownership or some
clarity as to how that's going to be maintained forever -- I think Councilman Rountree
brought that up the first thing -- would make a lot of sense. But you need all the parties
to come to the table and the reason that Napoli I think at least should have the ability to
come to the table is they are part of this settlement agreement, they are part of the
development agreement, because we incorporated all of it into the DA. So, although
the applicant may think we should resolve this tonight, I think they have the opportunity
to -- for the Napoli Subdivision to have this discussion, because they are part of this DA,
because their settlement agreement is in here. So, I do think that is an appropriate -- at
least opportunity before you to come to a final decision. If they can't reach a decision
the Council still has to make a decision ultimately.
De Weerd: So, Mr. Nary, did you say that you felt the -- the lots were responsible to the
sidewalk? Even for the 20 feet?
Nary: Well, Madam Mayor, Members of the Council, what I think this is -- and one of
the folks from Napoli brought it up -- when you read through this -- and I have been
trying to just read through this here, but part of this is because of that ditch, which
nobody now has the same interest that they did in 2005. So, I think they were trying to
landscape this as far as to the ditch and, then, the ditch I think was part of the irrigation
district's responsibility. So, I'm not sure on that other side of the fence, but technically if
-- whether the fence is on your property or on the private -- if it's on your property you
still own to the edge of your property line and you're responsible for it. You could build
your fence away from the edge of your property line, but it doesn't -- it doesn't -- it
doesn't get rid of your responsibility to your property line. But that decision would
normally have not been one that the city would have supported, but this particular
agreement came with the applicant and all the property owners who owned it, which,
again, most of these folks weren't here then, it was the individual developers all agreed
that's how they wanted this to be done.
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De Weerd: okay. I want you to swear on the record never to get us in this situation
again.
Nary: I will do my best.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: It's not his fault. but I do have --
De Weerd: He wasn't the attorney then.
Bird: -- I got a question for clarify though. If I own my property out there, have I a right
to do what I want on my property? Because there is nothing in this agreement or DA
that says this berm and stuff goes on my property.
Rountree: Yeah, there is.
De Weerd: Yeah, it is.
Zaremba: Uh-huh.
Bird: Well, it says from the road in, don't it?
Nary: Well, Madam Mayor, Members of the Council, Council Member Bird, I mean
there is some language in here that basically -- that's where I was talking about the ditch
that's there. It does say this is supposed to be maintained as a Kingsbridge common
area. So, my guess is that never got developed either in their CC&Rs, which we don't
govern, or it never -- it should have been on the plat. I don't have the plat in front of me
to look at it, but --
Bird: Where does it say that it -- it should go eight feet in on these people's property?
Nary: It says there is a 25 foot rear yard setback on all the perimeter lots and, then, it
says there is a five foot landscape strip south of the six foot vinyl privacy fence on the
southerly lots abutting Zaldia Lane.
Bird: There should be a -- yeah, 25 foot setback.
Ray: If I may?
De Weerd: Yes.
Ray: I have been to the recorder's office -- into the recorder's office twice asking for the
exact landscape plan that was submitted with this application and they have not been
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able to provide it to me. I don't know if it's even there. One other note of interest is that
when Boise Hunter Homes took over the subdivision our -- our homeowners dues were
500 dollars a year and he raised them to 800 dollars a year. There is money there to
pay to landscape and maintain that area over there. I had to get abid -- he wanted me
to provide it for two years in order to sign as a signer on this and, of course, I objected
to that. But I got a bid to see how much it would cost and it's 6,000 dollars to set it up
and maintain it for two years. That fits within what the fees that us homeowners are
paying for and it can be paid for. That's why it's there. All we have to do is require
Boise Hunter Homes to landscape it and maintain it. That shouldn't be my
responsibility. I don't want to -- I still own a lot in there, I have got to go through him to
get approval to build on this last lot in there. If I mess up this other -- he's already did
this on my parade home and delayed it a month and Ibarely -- I built the home in 61
days for the parade, because he delayed it. It needs to come from the city and from
Council to require him to meet -- to landscape it and maintain it. It's not something I
should work out with these fine homeowners.
De Weerd: Hum. I think that's clear as mud on what our options are. So, Mr. Rountree
reminded me, I'm not part of the decision, so I will remind all of you I wasn't part of the
decision in 2005 either. Okay. Well --
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I don't know if it helps, but I will comment that there is one other place where
we do have something similar. On Cherry Lane between Ten Mile and Black Caton the
north side of it --
De Weerd: And that's horrible.
Zaremba: -- the homeowners actually own all the way to the street. However, their
fences are 20 or 30 feet back from the street, because of an easement of Nampa
Meridian Irrigation District. What I'm not seeing and what is through here, but I vaguely
remember from the Planning and Zoning Commission meeting about this, I thought that
the homeowners association was going to have an easement for the five feet setback
and that would make the homeowners association responsible for it, similar to the case
on Cherry Lane it's not usable property to the homeowners, but if there is an easement
in place, then, it's real clear that the homeowners association is responsible for it and I
remember that discussion, but I'm not sure whether it got into the writing or not.
De Weerd: Any other questions for Mr. Ray?
Bird: I have none.
Rountree: I have a question for Mr. Nary.
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De Weerd: Thank you.
Ray: I'm right over here if you --
De Weerd: Okay. We will call on you if we need to. Mr. Nary.
Rountree: Bill, with the incorporation of the settlement agreement of -- between the
previous owners and developers, how does that fit with what we are authorized to do?
Could we override that agreement between two other parties that we elected to
incorporate in the development agreement, because they agreed and everything was
copacetic and things were good and real estate was going like crazy and we didn't think
of a recession coming in 2007 and 2008 and foreclosures, et cetera, et cetera, et
cetera, but we continued to try to fix and remedy things that we didn't envision ten years
ago.
Nary: Madam Mayor, Members of the Council, Council Member Rountree, I guess to
answer your question, I mean I think your question really is can we modify that when
there is a settlement agreement that other parties have entered into that we actually
weren't a party of.
Rountree: Right.
Nary: So -- and my answer to that, yes, I think, because that's the risk the property
owners -- all of the property owners took, too, is by asking the city to incorporate that
into our agreement, which our agreement, then, was with the property owner of
Kingsbridge, they have asked us to incorporate those conditions. But it's still the city's
contract. I think to give fairness to the parties -- again, that's why the public notice,
you're always subject to the noticing requirements, which we have then provided, so
you still have the ability to modify your own agreement. If the parties, like Napoli, think
they have an independent cause of action based on that settlement agreement that they
are a party to that the city wasn't, they can -- they can feel free to take action on their
own. But I think that's why when the Council's conversation is is should at least the
parties have had an opportunity to see if some type of resolution can be done, I think it
makes sense. But at the end of the day if no resolution is done and the Council has to
make that decision, you have the independent authority to do that. The development
agreement is between you and the property owner, it is recorded against the properties,
it is based on the annexation of Kingsbridge -- not the other parcels, just Kingsbridge,
so you're still free to amend that if you wish.
Rountree: I think I understand what you said.
Nary: Yes, you can.
Rountree: So, if I might, it bears on us to establish that there has been a legitimate
dialogue between the parties as a settlement agreement before we make a decision.
Now, I have heard from both groups of folks that they have met and apparently there is
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no give either way. I have not heard of any compromise, other than what the city has
proposed. If that's the case, then, I agree with Mr. Ray, we need to make a decision. If
that's not the case, I'm open for consideration of holding this over for a time certain until
that can happen. I don't get a sense that there is a whole lot of willingness on
anybody's part to do that.
Bird: No.
Rountree: Excuse me. You have to speak in -- if you wish to say something about that
-- we haven't closed the hearing, have we?
De Weerd: Uh-huh.
Bird: We haven't close it, no.
Rountree: So, I just say that that -- I need to hear something before -- with that -- with
regards to that so I can move forward with a recommendation.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: If he don't want to come up, I got a question for Bill.
De Weerd: Why don't you just --
Bird: Oh, he's coming up. Okay. He might answer it forme
McDonald: Hi. My name is George McDonald. I live at 4249 Tindaris. That's just,
basically, caddy corner to the -- what we are discussing here.
De Weerd: Thank you.
McDonald: We were given notice about three times that there were going to be
meetings and they were cancelled every single time. One was on February 14th, on
Valentine's. I have lived there two years and that was the first meeting I ever heard of.
The meeting was, then, cancelled. It was not rescheduled. I was away in Seattle and
there was a meeting scheduled after I left on Friday. I mean they scheduled a meeting.
I don't think anybody -- very few people ever -- show up for it. Didn't know about it. So,
it's been -- you know, Mr. Ray has really not dealt with us, you know, in good will. I
mean he has done everything to set up a meeting and cancel it. This is the first we
have heard of it. And so, then, we knew about this. I mean this was -- this was -- we
got aletter -- I mean he's been saying he's been sending us letters all the time. No.
We never got a letter. We got one letter and that's what started all this and we got
together and we said, well, what's going on here. I mean we were -- all that property
was sold in Napoli with that being there. So, yes, we knew it was there and we all
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developed saying that's your free space, that's your free zone, that's what it is. So, now
you're coming back and saying, no, we are going to change it all. Well, we have all built
out Napoli. We have spent -- he's saying he's spent 700, we have five, seven hundred
thousand dollar homes in our -- in Napoli easy. I mean -- and so now you're saying now
we are just going to take and tear it all down -- he's going to bulldoze it and he says in
his application I'm not responsible for it. You know, if I heard it, it's up to Kingsbridge.
Well, they are broke. They homeowner says they can -- they are bankrupt. So, he can
say, okay, here is the plan. There is no elevation plan. There is no engineering plan.
There is nothing. He's just saying, well, this is where it should be. Where is the survey?
When I bought my house and it was built and I bought it from a builder and he was
willing to fund, first thing I did was get a surveyor in there and he staked the whole yard.
And, then, they are saying that's ridiculous. But I said I want to know what I'm buying.
Okay? That's what I'm buying. They surveyed it. I made them go out there and put
stakes in.
Bird: That's right.
McDonald: So, I mean it's just -- it's reasonable. Now you're saying now we are going
to change the whole game, because Stan says, you know, that's not fair. Well, he sold
that to those people, they saw what they were buying. They saw the pins. Now they
are saying the fence is falling down. Well, that's because they are cutting the back side
of it. They have taken that whole back berm and they have sheered it off flat and now
they are saying, well, we got to move it now, because it's all falling down. Well, that's --
you know, that's not reasonable. Now, we weren't reasonable in saying, hey, listen, you
know, there is something wrong here. Let's see what we can do. But, you know, he
says --just basically his application says I'm not responsible.
De Weerd: Okay. Sir, I guess I have a question for you. Do you think that the two
sides can get together and find a compromise?
McDonald: I would think, you know, that's possible. At least we'd have a talk and he's
so antagonized everybody in Napoli now it's just like, you know, unbelievable. And it's
like, oh, no, this is -- he can do that. As he said, I don't have to do anything with these
people. He just said it again tonight. I mean this is -- this is what we -- we were -- you
know, we were buying. We bought this. All those lots were vacant when we started.
Okay? And so now you're saying, no, he can just bulldoze it. And that's exactly what
he's doing.
De Weerd: Well, no one's saying bulldozing. I haven't heard that.
McDonald: He will run a skip loader through there. He will bulldoze it and if the trees
are gone -- well, I -- that's -- they didn't do it the proper way, but I'm not responsible. It's
up to the Kingsbridge to replace it.
De Weerd: Okay. I'm sorry, I didn't hear that tonight. But I'm -- do you feel that you
can go to a meeting with an open mind?
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McDonald: Yes.
De Weerd: Okay. Thank you.
McDonald: Thank you.
De Weerd: Well, Council, would you like to hear repeat -- or testimony --
Zaremba: Not further testimony, but Iwould -- I would listen to an answer to that same
question.
De Weerd: Okay. Well, then, I will ask Meagan the same question. So, if you will state
your name again for the record.
Thorndyke: Meagan Thorndyke. 3421 East Plympton.
De Weerd: Okay.
Thorndyke: I do not feel that we are going to be able to compromise. We have held
two out of three meetings at my personal home and we have had every single time
these neighbors come. Not all of them, but they have all been to the meetings every
single one of them and we feel like the five foot is a compromise. We could go for the
full eight and a half. Our five foot is a compromise. We have met with them multiple
times and they have all come to my house. So, I know that we have had meetings.
They have, obviously, got the letters. I don't know why they are saying that they
haven't.
De Weerd: Okay. Thank you. Okay. Council, I guess I look for your direction on how
you would like to move forward.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Before we close, may I ask Bill a question?
De Weerd: Yes. Mr. Nary.
Bird: Bill, is there any way that we can legally involve Hunter Homes in this? Within our
motion or something, if we were to?
Nary: Madam Mayor, Members of the Council, Council Member Bird, I'm looking at the
original development agreement and there isn't a development agreement with the
property owner of Kingsbridge, now we have got different property owners, so -- but the
property owners are still bound to the -- this agreement. We have no -- I mean they are
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basically only asking to amend a portion. They are not asking to separate it out or have
a new development agreement or be separate and apart from Kingsbridge. So, they
are still bound by this. I think what Mr. Ray was talking about -- I mean there is a
provision in here that says, basically, this berm -- or the fence is supposed to be 20 feet
from the property line and it's 28 -- I think. Or 25. I can't remember. Twenty-five I think.
And so -- I mean I think what he was saying is they can move it back three feet, I think
that's what he's talking about. So, I mean they can comply with the provisions in here.
That's all they -- I mean that's what they have to do. I think we are talking about height
and location of fencing. I mean they are not talking about trees, they are not talking
about replacing them, which is in this development agreement, and so they are basically
asking to move it further -- a little bit further back. But in here it says 20 feet. So,
unless I'm misreading it, I think that's what he's talking about, then, they can move it
now, because that's what's in this current agreement.
Bird: Thanks, Bill.
Parsons: Madam Mayor?
De Weerd: Bill.
Parsons: As I presented -- sorry to interrupt, Members of the Council. Boise Hunter
Homes did sign an affidavit of legal interest, because, as I mentioned to you, they are in
control of the HOA. So, they have acknowledged that they have granted permission to
be part of the application, therefore, if I'm not mistaken, they would have to sign the
amended development agreement as one of the property owners. So, they are going to
be made aware of the requirement here moving forward and they are going to have to
replace that landscaping if -- if you approve the modification that I have outlined as far
as them replacing the landscaping and doing those requirements within that berm. But I
did just want to go on record and let you know that they gave permission to -- to open
the DA up, so they are part of this application process.
Hoaglun: Madam Mayor, just a comment. And to think that some of us paid money to
be here, to have this position. I -- you know. And they want us to make the decision
after learning that? No. Just a quick comment -- and we haven't closed the public
hearing, but, you know, in many ways I don't have a lot of sympathy for either party in
this. I look at both sides. If folks have been paying attention to earlier tonight, Irvine on
Ten Mile, Jerry Stevenson has a house, farm fields around, great view of Bogus and he
wanted a like fence and he wanted a single family home -- he still loses the view, but
they are back to back. So, when I started reading on this and found out not only do they
have landscaping, a street, and, then more landscaping, it wasn't back to back. That's a
little different -- little different deal. So, in Napoli it's not like, wow, back to back -- yeah.
I'd feel for you guys. Eleven feet. Fence. I'd want that, too. It's not quite the same.
But yet for the folks over here in Kingsbridge, boy, due diligence. Had to have been
done. Wasn't done. They are in a tough spot. I have been fortunate to build two
houses in this community myself and you find out what exactly you can do. You have
to. But having said that, we have got to figure out a way to make it all work for
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everybody. And, of course, we always tick people off, because we can never please
both sides, so that's -- that's why sometimes people -- my wife thinks I'm crazy for
wanting to be up here, because that's just -- but we want to do something that makes
our community better and that's -- that's the whole crux of this. What -- what is in the
best interest here to make it workable that makes sure that we have property values
that are good for everybody. Having vacant lots in Kingsbridge, that may not sell, that
doesn't help Napoli. Having Napoli look at a side that's not landscaped like it should be
and there is trees missing, that definitely impacts their property values. So, where do
we come down? I mean that's -- that's the difficulty of this and at late hours like this it's
always a little harder to make a -- make a clear decision when -- especially when they
are not real clear. It is difficult. But we will try. So, anyway, that's my comment there.
Don't know if it gets us anywhere, but that's my comment.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: It seems to me that what's in the original settlement indicates there is a 20
foot setback, Bill, or berm?
Nary: There is a five foot setback and a 20 foot berm. Or 20 foot space for the berm.
So. that's where the 25 feet I think comes from.
Rountree: Okay.
Nary: They are both called out in the develop agreement.
Rountree: So, that -- that's there? So, we don't have to deal with that. The only
question at hand is the height of the berm and the fence in total and whether or not we
amend the DA agreement to reduce the height of the combination of berm and fence.
Nary: Yes.
Rountree: So, if the homeowners want to take their eight feet they can get that back,
they just have to deal with whatever our decision is with respect to the height of the
berm and the fence. And the HOA has to be responsible for implementation of the
landscaping as outlined in the DA agreement and the original plat and landscape plan.
And if it's not the same, they need to make it the same and they need to -- they need to
maintain it.
Nary: I think all of what you said, Councilman Rountree, is correct.
Rountree: Okay. Other than that, all this other stuff is peripheral. Yeah.
De Weerd: And Planning agrees; right? You're tracking the same; right?
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Parsons: Right.
De Weerd: Okay.
Hoaglun: Madam Mayor, check with Mr. Nary. If I read this correctly, then, if they move
it eight feet, which it sounds like they were willing to move it to five, any trees that are
impacted would have to be replaced; is that correct?
Nary: Madam Mayor, Members of the Council, Council Member, yeah, because the
development agreement still requires the trees to be there and the development
requires they be maintained. So, the HOA is responsible for that.
Hoaglun: And are they also, Madam Mayor and Bill, responsible for replacing any
missing trees that are -- weren't they supposed to maintain them one every 20 feet and
those should be replaced as well?
Nary: Yes.
Hoaglun: If they are missing. Thank you.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I agree with everything, except the math. I don't believe they are allowed by
the original development agreement to move the fence eight feet. I think they still have
to leave it five feet inside their property line. Farther than that if it was put eight feet in,
then, they could move it three feet, but I believe the original agreement means they still
are giving up five feet of their property.
De Weerd: That's correct. And that's what --
Rountree: Twenty-five feet.
De Weerd: -- staff pointed out.
Zaremba: Can't really move it eight feet. They can only move it back to that spot.
De Weerd: But I think staff was trying to find a compromise with their recommendation.
So, are you all clear as it can be? I do know there has been considerable --
Zaremba: I was just referring to the original agreement.
De Weerd: -- discussion. We do allow the applicant the last word. Do you have any
further comment?
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Ray: Stan Ray.
De Weerd: Thank you.
Ray: I was hopeful you couldn't do the math right, because we wanted to move it eight
feet. So, what he proposed is moving it three feet. We would like to move it five feet.
So, there is that additional two feet that we would like to go and we think we can do it
without impacting the trees. The other little bit of information, which was an opinion, just
to let you know that Boise Hunter, before he would sign and be a part of this application,
required that we get bids from his subcontractors and that he approves the work that is
done, because he is the declarant in part of it and so those are the people that we have
gotten bids from and that who is going to do the work, so that he is in agreement with it.
Just wanted you to know that. We'd like five feet. Thank you.
De Weerd: Okay. Council, if you don't need any further testimony and you don't think
this needs to be continued, I would entertain a motion.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we close the public hearing on MDA 13-003.
Rountree: Second.
De Weerd: I have a motion and a second to close the public hearing on Item 9-I.
All those in favor say aye. All ayes.
MOTION CARRIED: ALL AYES.
Rountree: By way of discussion, I think the suggestion made by staff leaves the
settlement in place, with the exception of the height of the berm and the fence. Is that
correct? Each individual property the opportunity to move somewhere between three
and whatever, depending on the placement of the property pins.
Bird: Is that a motion?
Rountree: So, Madam Mayor, Iwould -- I would move that we modify the DA with
respect to the language provided by staff in Exhibit A-5.
Zaremba: Second.
De Weerd: I have a motion and a second. Any discussion? Madam Clerk.
Roll Call: Bird, nay; Rountree, yea; Zaremba, yea; Hoaglun, yea.
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De Weerd: Three ayes, one opposed. Motion passes.
MOTION CARRIED: THREE AYES. ONE NAY.
De Weerd: Okay. Council, I'm going to call a five minute break.
(Recess: 11:00 p.m. to 11:06 p.m.)
J. Public Hearing on Ordinance No. 13-1547: An Ordinance
Amending Meridian City Code Section 10-1-3 and 10-5-2
Adding Local Amendments to the International Building Code,
International Mechanical Code, and International Residential
Code, Prohibiting Natural Draft Systems in Occupiable Spaces
in all Residential Occupancies, Requiring Carbon Monoxide
Alarms in New and Existing Dwellings, Establishing
Requirements for Carbon Monoxide Alarms
K. Second Reading of Ordinance No. 13-1547: An Ordinance
Amending Meridian City Code Section 10-1-3 and 10-5-2
Adding Local Amendments to the International Building Code,
International Mechanical Code, and International Residential
Code, Prohibiting Natural Draft Systems in Occupiable Spaces
in all Residential Occupancies, Requiring Carbon Monoxide
Alarms in New and Existing Dwellings, Establishing
Requirements for Carbon Monoxide Alarms
De Weerd: I will go ahead and call this meeting back to order. Thank you for the
remaining folks that -- that withstood the test of time there; right? So, we are at 9-J, a
public hearing on Ordinance 13-1547. Madam Clerk, will you read this ordinance by
title only.
Jones: Thank you, Madam Mayor. Ordinance No. 13-1547, an ordinance amending
Meridian City Code Section 10-1-3 and 10-5-2, adding local amendments to the
International Building Code, International Mechanical Code and International
Residential Code prohibiting natural draft systems in occupiable space in all residential
occupancies, requiring carbon monoxide alarms in new and existing dwellings.
Establishing requirement for carbon monoxide alarms and providing an effective date.
De Weerd: Okay. This is Items J and K. I wanted the reading of the ordinance, which
is the second reading, as we started off the public hearing. So, I will turn this over to
staff. Bruce.
Freckleton: Thank you, Madam Mayor, Members of the Council. This ordinance is the
product of four months of vetting and discussions with industry professionals and other
people in the building industry as well. The real impetus of this is just our increased life
safety concerns that are associated with carbon monoxide in residential occupancies in
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the City of Meridian. As we have talked before, it's not just a City of Meridian issue, it's
a state of Idaho issue. It's really a national issue. There are increased incidences of
carbon monoxide poisonings and we have elected to take apro-active stance and try
and get out ahead of this issue a little bit before the -- before the codes catch up. There
are things in the works with code development. Unfortunately, those things take a lot of
time to get there. We are in the unfortunate position where we have had a fatality in the
City of Meridian and we don't want to see it happen again. So, our ordinance addresses
really two real areas. I mean the prohibition of natural draft systems in new construction
is the first area that we have touched on. As I pointed out last week, it's estimated that
natural draft appliances that are installed inside of conditioned spaces are occurring
roughly only about one percent of the time in new construction. Most of the installations
you will see natural draft appliances installed in garages or out. The second point or
provision of the ordinance that we have is how are we going to deal with these in
existing dwellings. This is the area that we have had the most discussion with the
industry and I will get back to that point here in just a second. The third and really final
area is the requirement to provide the detector alarms in new construction, as well as in
existing dwellings. So, back to the natural draft systems in existing dwellings. As I
mentioned, we have -- it's been the hot topic of discussion as we have talked with
industry professionals, we have made four presentations at the Building Contractors
Association. We have held several meetings in our offices, as well as offices of the
Division of Building Safety. As you know, the City of Meridian contracts the mechanical
HVAC system plan review and inspection services to the Division of Building Safety and
Jerry Peterson is here this evening. He is the program manager for the state of Idaho.
He's here and available for any technical questions that might arise tonight. With regard
to the natural draft appliances within existing dwellings, we held a meeting last Friday at
the offices of the Division of Building Safety. It was a very good meeting. It was
originally scheduled for an hour and we went almost four. We also have received an
advanced copy of a letter from the Building Contractors Association. The letter,
unfortunately, wasn't dropped in the mail until yesterday. So, the signed official copy
has not hit yet. But it reiterates the points that we have already -- that we have already
heard. The retrofit remodel situations with existing dwellings is really the hot topic and
so at this point in time it would be my recommendation that we withdraw those
provisions from this ordinance and take some time to vet this out a little bit further with
the industry. I would like to propose that the other provisions of the ordinance as written
continue on to the third reading next week, but at this time, like I say, I'd like to -- I'd like
to pull those provisions for the existing -- existing dwellings out at this time. So, with
that I would stand for any questions you might have and I do appreciate all the
individuals who have hung out with us here tonight to -- at this later hour to be able to
provide testimony.
De Weerd: And to make sure you withdrew the part that you withdrew; right?
Freckleton: Well, it is an important topic, so --
De Weerd: Yeah. Council, any questions for staff?
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Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I think your suggestion is a good one. If we can get part one and part three
going immediately, we should do that. I'd like to see some version of part two, which is
the existing home -- or the existing dwelling issue be resolved as soon as possible. I
think we need to do that. But help me understand the basic thrust of the discussion --
we don't intend to necessarily say that every dwelling that has one of these systems has
to change, we are saying that if -- if they are tested and there is a problem, they would
have to change it. Is that the thrust of where we would go with this existing dwelling
part?
Freckleton: Yeah. Madam Mayor, Members of the Council, quite honestly, we have
had three iterations of this -- this code through the development over the four months
and the -- the latest iteration, that's precisely where we have landed is that testing would
be required. Anytime work is conducted on the interior of an existing dwelling -- it could
even be unrelated to the natural draft appliances, the requirement would be that the
natural draft appliances, if they exist -- and, again, existing dwellings it's been estimated
that it only affects maybe five to ten percent of the installations that are out there in the
City of Meridian. But it would require that they be tested at that point in time and if they
prove to be problematic, then, they would have to be addressed at that time and we
have laid out some different options of how they can be addressed, up to and including
removal, replacement, constructing combustion closet, bringing in fresh air, we have
thrown out the different options there.
Zaremba: That's the piece that we are going to continue to refine a little bit?
Freckleton: Yes.
Zaremba: Okay.
Freckleton: Yes.
Zaremba: Okay. Madam Mayor, if I may. Any vague idea what -- what's the cost of
doing the test? I mean if you're there doing something else, the homeowner is going to
pay 25 bucks for this test or 2,000 dollars for this test or --
Freckleton: Madam Mayor, Councilman Zaremba, that is one of the things that is a little
bit up in the air right now. You know, a service call to get someone out is going to
probably run you in the neighborhood of 75 bucks. That gets them on site. The test
itself is something that -- there needs to be some clarity brought to that subject as to
what exactly the test requirements are and so in our discussions with the Division of
Building Safety it's -- it's to try and put some parameters on what the testing process
would be, so that -- so it is clearly defined and people have an expectation and an
understanding of what they are going to do when they go out to do the test. So, we just
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need to develop that a little bit more and vet it through the industry and come back with
-- with the results of that and report back to you.
Zaremba: Thank you.
De Weerd: Any other questions at this point?
Hoaglun: I have a question for Bill Nary, Madam Mayor
De Weerd: Okay.
Hoaglun: And I'd just start by saying from my perspective I mean we don't want to have
any unsafe conditions exist in homes in the community and I know members of the
Building Contractors Association don't want to have that either, so it's just a matter of
where we come across that instance how is that going to be rectified? I mean we just
need -- it sounds like, Bill -- or I was going to say Warren. Bruce, how we do that just sit
down and take some time, craft that on how that's going to be worked out. But, Mr.
Nary, my question to you is -- we have got this ordinance that's moving through the
process, can we amend it or do we need to come back with a new ordinance to adopt
those particular areas that everyone's in agreement on?
Nary: Madam Mayor, Members of the Council, we can bring it to third reading next
week, because all you're doing is taking out a portion of that. So, you're not changing
any of the language of the portions you would bring back, you're just taking out a
section of it. So, by doing that you can still bring it forward for third reading and approve
it next week if that's your desire.
Hoaglun: Thank you.
De Weerd: Okay. I do have several people who have signed up. Robert Peterson
signed up against. Good evening. Thank you for sticking with us. If you will, please,
state your name and address for the record.
Peterson: I'm Robert Peterson. I'm speaking on behalf of Intermountain Gas Company.
De Weerd: Thank you.
Peterson: 555 South Cole Road in Boise. First I want to applaud Bruce and Jerry for
the work that they have done. I know that they have -- their mind's in the right place and
the safety of our customers and the safety of the citizens of Idaho are a main priority.
We do have afew -- we are opposed to the amendment proposal as it's currently
written. We do agree with most of it and I will go through some areas that we -- we do
have some issues with. As Bruce mentioned, Ijust -- the amendment proposal in its
current form for residential occupancies will prohibit the use of natural draft gas
appliance for space heating and domestic water heating and fireplaces within -- within
the occupiable space of a residential home. The proposed amendment -- at least the
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last one that went through last Friday does have an exception for existing homes only
that requires a draft test be performed by a duly certified tester to allow existing natural
draft equipment to remain during the permitting process. Or the natural draft appliance
can be placed -- or replaced by an electric or direct vent appliance or the natural gas
appliance can be effectively removed from the occupied space by enclosing it in an
insulated and sealed space with a weather strip air tight door or make up air vent can be
introduced into the -- into the return air duct system. So, there are ways to make
systems safe. I guess my biggest question is is if there are ways to make existing
structures safe, why are we eliminating the use of all natural appliances in new
construction? It seems like we have a double standard. If they can be made safe in an
existing structure why is there a different standard for new construction? You know, we
mentioned that -- Bruce mentioned that this -- this ordinance -- or this is something that
the state is looking at as well. Well, anything -- anything east of Twin Falls appliances
don't go in garages, they freeze. If you put a water heater in a garage it's going to
freeze. So, we do have customers -- and this is a big deal for Intermountain Gas as we
move forward. A couple of unanswered enforcement questions that we have is the
Idaho Public Utilities Commission rules state that all corporations subject to the
jurisdiction of the commission must abide by the provisions of the International Fuel Gas
Code. And to connect for service and lighting I'm going to go through selections that
have been inspected and approved by authorized agencies, we have to abide by those
codes. So, this would be -- the amendment would be one of those. So, if I go to a
home to complete any type of service or order, are we going to be required to red tag or
turn off a natural gas appliance until it can be tested? Right now we go out and we find
a code violation or a safety violation we are required by the Public Utilities Commission
to shut that piece of equipment off. So, we have some questions there that need to be
-- need to be answered in what we can do. If a contractor pulls a permit for work
planned in the structure are they going to need to identify which appliances must be
replaced as well? Who is going to do that? When they go out to do a bid on a new roof
and do they go in and tell that customer they are going to have to have a new furnace or
when does that process happen? Or are recent legal city permitted installations of UL
listed and approved natural gas equipment going to be required to be tested? I mean
there could be equipment that was installed three months ago that they go in the permit
process and they are going to be asked to replace that equipment if that doesn't replace
the draft test, so -- now who does that fall on? If we find -- if our service technicians are
out working and they find a natural draft appliance that has just been installed what are
we supposed to do? I mean we need some answers. We want to help you enforce the
code and we are going to help you enforce the code whatever you decided to do. But
we need to do it in a way that -- we think it's moving really fast. I think -- you know, if
this was amended in a week from now we'd all be caught standing there wondering
what to do. You know, we are going to need some time to learn more about it and learn
how to handle it, us and the HVAC contractors.
De Weerd: Thank you very much. Any questions, Council?
Bird: I have none.
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De Weerd: Okay. Dennis Butterfield with Meridian Plumbing signed up against. Good
evening.
Butterfield: Good evening. How are you?
De Weerd: Very good.
Butterfield: Dennis Butterfield with Meridian Plumbing. Address is 9251 South Perfect
Lane.
De Weerd: Thank you.
Butterfield: I'm -- this is a big deal and I was talking to Bruce the other day and it was
really great to see that you guys are trying to solve this a little bit, but this has the
potential of costing customers thousands of dollars when it's determined that they have
got a problem. I'm not sure exactly how many problems we are going to have -- you're
going to be taking these one by one and there is thousands of places that -- that are
potential and just wondering if requiring it by -- by the means of the permit is the best
way to do it. You're putting us up in front and causing quite a bit of ill feelings probably
when someone has to have a water heater or a small remodel and it ends up being
thousands of dollars more. I recognize that there are some situations that are going to
need some change, but I'm wondering if the monitors would point to a -- rather than
going through all this testing and stuff. So --
De Weerd: And those are all good questions, but, unfortunately, that same device was
in place in the scenario that kind of underscored this conversation and it failed them and
the cost was a life and so it -- it is a balance. I understand what you're saying and I do
understand the predicament that you will find yourself in, because you're the
messenger; right?
Butterfield: Yes. That puts us in a difficult situation and there will be other people that
will talk about that situation, too, so I --
De Weerd: Okay. Thank you.
Butterfield: -- that's mostly what I had to say.
De Weerd: Any questions, Council? Thank you, Dennis. Kenny Calkins with
Cloverdale Plumbing. Thank you for being here.
Calkins: You're welcome. I'm Kenny Calkins. I live at 2144 Charitan Drive in Boise.
Own Cloverdale Plumbing. We are not located in the city of Meridian, but we do have
customers who live in the City of Meridian. My biggest concern, which was removed
earlier this evening is with their existing dwellings. We don't do new commercial, we
don't do new residential, so however those buildings end up getting built they will get
built. But like Dennis said, we do a lot of replacement of water heaters. You never
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know. One night you might come home from a City Council meeting at 12:00 o'clock at
night and your water heater has sprung a leak. You call a plumber out to get it fixed.
Well, you would have a natural draft water heater, there are a lot of them around, I don't
know the number, but there are a lot of them. Now before we can replace that we are
now going to have to do a test. We will replace it to electric and have the electrician
involved. All this while you're without hot water. It is a major -- it is a major concern. I
-- I am concerned about the health and safety of the country and I read today where a
lady who disconnected a P trap in Kansas City, her roommate showed up, she was
laying on the floor in front of the kitchen sink and she had passed out and she did not
make it. So, things happen and -- and we want to take care of those things, but this
thing here I think was going a little too fast and one of the other things I'd like to say
about this is I'm also president of the Treasure Valley Master Plumbers Association.
We had no word of this. I really feel like when city governments or any other
government gets involved they have got to keep -- keep informed the men or women
who work in the industry. I send five people out every day and put them in people's
houses. Wouldn't you want me -- that person who sees those problems every day,
wouldn't you want me involved or somebody like us involved in these -- in these
processes, so that you can maybe get a little bit of our input, who actually go into those
houses every day and see the thing. I learned how to tell how -- if a water heater is
back drafting in sometime around 1974 or 1975 by a couple of little simple tests and so
we have been looking at that thing for years and years and years. This is something we
are very aware of. It's been around forever. And so I would like to see more
involvement of the industry -- the real industry. When you read the names who they
were contacted and none of them were plumbers or HVAC contractors. So, moving
forward I would like to at least employ somebody to have a little more input with the
industry.
De Weerd: Kenny, I appreciate your comments and certainly understand that. You
know, we are constantly trying to figure out who the right people are to get involved and
as you see from the list that Bruce involved and went out and spoke with, he did speak
with a number entities and trying to find those right ones. So, appreciate your offer and
I know -- I'm sure Bruce is writing those down and if you would drop him your card on
your way by that would be even better.
Calkins: Thank you.
De Weerd: Thank you. William McCaw from Water Works Plumbing.
Hoaglun: And, Madam Mayor, as he's coming up I'd like to ask Bruce aquestion --
Freckleton aquestion. No. I'm sorry. Our Bruce. And you can come on up. While
you're coming up I want to -- if -- Bruce, if they find a water heater that's bad and they
go to replace it, do they have to do a test for anew -- when they install the new water
heater?
Freckleton: Madam Mayor, Members of the Council, if -- under the scenario that was
brought up by Kenny, if -- if somebody has a leak in their water heater and they call
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somebody in to replace it and it happens to be an existing natural draft appliance
located inside the conditioned space and it's not one that's in the garage, a draft test
would be required as part of their installation and a draft test is something that should
be done with every install. The manufacturer is required as part of the commissioning
of a brand new piece of equipment. It's in the instruction manual, it's something that
would be done as part of the installation would be -- would be that test.
Hoaglun: Okay. Thank you.
De Weerd: Well -- and certainly the --the scenario you painted I think I was in that very
same spot, wasn't I, Dennis? Isn't that what you came out and fixed? So, been there.
Thank you for joining us. If you will, please, state your name and address for the
record.
McCaw: Excuse me. I'm William McCaw. 1988 East Chimere Drive in Meridian here.
De Weerd: Thank you.
McCaw: And I own Waterworks Plumbing. Owner and sole employee. So --
De Weerd: Thank you for being here.
McCaw: Thanks for having us. Just to touch on a couple of things. The first -- the test
that they are proposing -- I'm sorry. It's late --
De Weerd: It is. It's late.
McCaw: If -- if you put the test in the hands of the people that are going to be changing
out these heaters, I think you're going to find very often that that test comes out just fine.
If this goes through as proposed -- right now I think you guys need to talk to your -- your
plumbing inspectors, because there are a ton of water heaters and jobs done by
handymen right now that are completely unlicensed or neighbor Joe and the more
people hear about this that the -- if you have a water heater in your basement this could
very well cost you five, six thousand dollars. Handyman Joe is going to be out for 500
bucks. It's not going to be a licensed plumber anymore. And that happens right now
every single day. Talk to your inspectors. We lose jobs right now fora 900 dollar
change out and somebody will call me back and say I found a guy that will do it for 500
bucks. Handyman Joe. You know, I'm really not going to drive over to that house and
go confront handyman Joe. But he's unlicensed and that's what's going to happen.
Especially when they are confronted with the little old lady that I was at earlier today,
she didn't have a water heater problem and I didn't have to pull a permit, but if she does
she's on a fixed income. Here a 300 dollar repair today she had a little trouble with. So,
if that's a 3,000 dollar repair, what's she going to do? Really, you guys have to consider
this stuff. You're going to put people in a position where they can't do the repair legally
anymore and, then, you're going to find more and more plumbers not like me, because I
try to pull a permit on every -- every job and do my due diligence, but you're going to
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find more and more people will say this one is under the -- under the radar, because I'm
going to lose it. Seriously, you're going to put people in the position where they can't do
this properly and I would suggest that any testing that you want done, that should be
your inspectors doing that testing, so it's not me telling the customer I just found a draft
problem and now this is going to be a 4,000 dollar job, as opposed to a 900 dollar
change out. Because that puts us in the wrong position. It really does. You know,
other than that Ivan -- I can get behind the detectors and any new construction things
that you feel like you have to do. You know, out in the garage is the most common
place. This is mostly going to affect older homes and rentals and specifically the people
who can't afford these giant bills that they are going to end up having. So, they are
going to go to handyman Joe. And the word is going to get out very quickly that if you
have a problem don't call these guys, because they are going to -- they are going to
have to have all this done. You know, the people who follow the rules are going to be
put at a disadvantage here. You're going to open the door for the ones who don't. So,
I'm just -- I would just ask you to consider long and hard, before you make this a true
code change. And also just on a note, as a business owner and a licensed contractor, I
never got any notification about this either. I think the correlation with the state, who
has a list of every single contractor in the state, a simple letter or even an e-mail would
have notified me. Because I didn't know about any of this until I got red tagged for a job
I had done before the change. So, that's my two cents. I appreciate your time. Thanks.
De Weerd: Thank you.
McCaw: And I'm disappointed about no parade. We were going to be in it and my kids
dig it, but next year.
De Weerd: We dig it, too. But, you know, you want it safe; right?
McCaw: Oh, yeah. No. I do. Thank you.
De Weerd: Is there anyone else who would -- yes, please. If you will, please, state
your name and address.
Pond: Gilbert Pond. Ponds Plumbing and Heating. 5507 West EI Gato Lane, Meridian.
De Weerd: Thank you.
Pond: Sole proprietor. I do a lot of factory service tech for factories on water heaters of
all makes, kinds. Furnaces. The new high efficiency stuff. I commend the city in trying
to do something real quick, but it's kind of like the Columbine shooting, I think you're
trying to do it too fast. Asking for a smoke detector or a carbon monoxide tester or a
sensor in the home is something you can do I think real easy and nobody is going to
complain about it. But the other stuff that you're requiring here -- or it's even suggesting
starting is something that needs to go through the proper channels through the state of
Idaho and I know the state of Idaho is trying to get a coalition of contractors and
inspecting authorities and so on and so forth, I think that's -- that's the proper procedure
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that needs to take place and I know they have got a board, because I just got put on it
today. But there is a number of things you need to understand is what this gentleman
just mentioned, I go around and I follow a lot of people who have had it put in and had
them put in wrong. As a contractor when I install them I perform the test. I see to it that
that draft is drafting. If it's in a closet it's drafting. That's part of my responsibility,
because I'm liable, I put the water heater in. But the guy that doesn't have a license, the
guy that doesn't have the insurance, he's not liable and you can't find out who he is
when it comes time to do that. Oh, yeah, it was Joe Schmoe. But I come in and work
on heaters that have been installed by people who have not been qualified -- T&T
valves with the plug in it, because they started drifting because the new backflow
requirement we have put those check valves in. And when water heaters start dripping
people plug them off. You have got to -- you have got to deal with the public. I'm also
concerned, because it starts here, it talks about the draft shall be inspected by a certain
professional who has the EPI and the ECO and the -- all those guys that have got those
certifications. I certify -- every year I spend thousands of dollars going to classes to get
trained and get educated on how to make these boilers work and the water heaters
operate correctly and the installers put flues in wrong and they get carbon monoxide or
they don't test their device or -- to make sure that it's properly tuned and they put, you
know, two or three hundred parts per million carbon monoxide if that flue cracks if it's
put in the house. It's put in the garage. I am sorry that this man died, but it's probably
because something didn't get done and didn't get cleaned, because we find a lot of
these new water heaters they have come out with the combustion chambers that won't
explode now and won't set off the gas, they are very susceptible to lint when they put
these water heaters in the laundry room with a dryer and dryer always leaks and every
three months we got to come out and vacuum that unit out. Otherwise it starts to soot
up and it starts to plug up the flue. There is a number of things that are taking place
here that -- that's taking a gun and shooting it and trying to cover all the spaces, you
can't do it. People die on our streets every day. We have one -- how many carbon
monoxide tests have we had around? Check it out. We haven't had that many. I'm
sorry for this gentleman that he had that experience -- that we had as a -- as a people in
Meridian had that problem. We need to deal with it. I agree. But it needs to be
systematically done and it needs to be in a way that it doesn't cost our people a lot of
money and a lot of expense. The energy code created a lot of this problem and a lot of
people disagree with me, but I go into these new homes at zero -- zero air into that
house. I live in a pre-1990 home. I get a little draft in my plug. I turn on my exhaust fan
it works. Igo into these new homes and they don't work. Anyways, that's all I need to
say. Thank you very much for your time.
De Weerd: Thank you. Any further testimony? So, I guess, Bruce, a couple of
questions came up and if you could try and address those.
Freckleton: Certainly, Madam Mayor, Members of the Council. There was one
comment regarding, you know, somebody doing a new roof that the requirement would
kick in. That's not the case. The provision as it was written -- and, again, I'm asking for
this to be taken out, so that we can have further discussions. But the provision as it is
written in there currently it is only when work is being done inside the home. Roof,
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fence, anything outside the home would not kick in the requirement. As far as
information, people not being notified and that sort of thing, statutorily in the state of
Idaho there is -- there is a list of 13 organizations that we are required to notify. We
also -- and two of the groups that are in that list are the Southwest Idaho Building
Trades and the Idaho Building Trades, you know, and I'm not sure what those two
groups do as far as disseminating out to their membership, maybe these folks that
spoke aren't part of that membership. I don't know. But we also had communication
with the Building Contractors Association four separate times. We were contacted
directly by -- to the largest HVAC contractors -- HVAC and plumbing contractors in the
valley. So, it is very difficult to try and -- try and blanket everyone.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: On that subject, I would comment that these public hearings are part of that
process as well. I mean the testimony that we have heard tonight, this is the reason for
us having a public hearing is that we learn things that we didn't already know, we learn
there are people that maybe we should have contacted that we didn't know existed and
we are happy to have you contact us and become a part of this. But I would add that
that's a good reason we have public hearings is to get the word to people that somehow
we missed and to hear from them. Them. You.
Freckleton: Thank you. Also, I kind of wanted to give Jerry an opportunity to maybe
respond to some of the questions that -- or comments that came up, too, so -- if you
wouldn't mine, Jerry.
Peterson: Madam Mayor, Councilmen. I just have a couple of things here that
De Weerd: If you will state your name for the record.
Peterson: Jerry Peterson, Division of Building Safety.
De Weerd: Thank you.
Peterson: The new construction -- I do -- I do the plan reviews for the City of Meridian
and I share in those responsibilities. The new construction part of it -- if we know at the
time of the plan review -- if we are looking at the plan reviews and as Gilbert
acknowledged, you know, the houses are not -- new houses are a lot tighter. We have
a lot more exhaust. We have more bathrooms. We have more demands -- range
hoods and stuff, things that we haven't had before. If I know that at the time of plan
review that there is going to be problem with a natural draft appliance inside the house I
feel I have an obligation to hinder that process, to, you know, contact -- I don't -- I can't
think of a way to make it work. Is it responsible for me as a plan reviewer to say go
ahead go with this, we will test it at the final installation if I have reasonable cause to
believe that it won't pass that final inspection at that point -- and we -- this has been an
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March 26, 2013
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experience here -- at that point we have a house that's completely finished, painted,
floor coverings are in, and I test an appliance that -- that I can't make work. So, what
are my options at that point and it gets turned back on me and it says, well, you
approved it and it was approved at the rough when there was no way for us to test it at
the rough inspection, because the house wasn't finished. So, it all comes down to the
end. I mean the impact at that point is on the contractor or the builder, they are trying to
close the house and now he has to go back in and literally do something totally different.
There is significant cost to that and a certain amount of liability that we assume for
letting it get to that point. So, in new construction we have the option of redesigning it,
we have the option of doing other things, and when I have an opportunity to talk to
contractors about the potential problems we get those corrected at that point. And so
we are -- I don't think that this new construction is creating the problem. I understand
the residential. I know most of these gentlemen, I have worked with them for years, and
I think they know that the approach that I am looking for is the most effective, least time
consuming and the least cost and that is why we -- you know, working with Bruce is so
-- let's see if there is a different way to approach this piece of it. But the new
construction I'm fairly adamant on and I would like to see that stay on. Our inspectors
have an obligation to test anytime they are in a house and they think that there is an
unsafe condition, so, again, we are -- I'm not hearing a lot of debate that there is a
problem out there. We are hearing that. We are hearing it from the people that are
testifying that say, yeah, there is -- there may be problems out there, all we are trying to
do is figure out the best way to assess that and win. We understand that other people
put in appliances and they may not have been tested. We are trying to find
opportunities to get in there and correct that, even if that situation happens. So, we --
the draft testing -- and I commend Gilbert for what he had to say. Draft testing should
be part of every installation. This shouldn't be something that we have to require or we
have to mandate, but it -- as most of -- people in the industry know we respond to
regulation. We would like to think that everybody would do the right thing, because it's
the right thing to do. But people have to deal with it when it becomes regulation and so,
you know, we would like to think everybody would do it, but we know that's not the
scenario. So, the final comment is there is an assumption that every house we go into
that has appliances inside the conditioned space is going to fail and there -- and we
need to determine whether there needs to be some type of corrective action. So, it's not
something that's going to affect every house that we go into, but it does give us an
opportunity to check. That's the only comments I have, if anybody has questions.
De Weerd: Council, any questions?
Bird: I have none.
Peterson: Thank you.
De Weerd: Any further testimony? It's late. Bruce?
Freckleton: I have nothing more to add, Mayor. Thank you.
Meridian City Council
March 26, 2013
Page 92 of 95
De Weerd: So, Council, would you like to keep this public hearing open and through the
third reading? What would you like to do?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: That would definitely be my preference to keep the public hearing continued,
along with the third reading for next week and as an amended ordinance, too, would --
which we will be presenting in the third reading, as I understand. But I believe with the
amended ordinance I would like to see the public hearing if it's okay with you, to stay
open.
De Weerd: Okay. Bruce, what I -- I would appreciate is if you could -- since we found
out about new associations -- probably a new old association, if you could maybe meet
with Kenny and -- and maybe even Intermountain Gas and gain further comment and --
between now and next week.
Freckleton: Absolutely. We have met with Intermountain Gas twice, but we would be
happy to do it again.
De Weerd: Okay. Anything else from Council?
Rountree: Madam Mayor, I would like to see the new language. It's --
Bird: Yes.
Rountree: -- I'm trying to sort out what would stay and what would go and I'm having a
hard time finding anything that's going to stay, so I'd like to see it in redrafted form and I
don't know if that means we hold off for a time certain for a couple weeks and -- for the
third reading or if we try to get it next week. Bill, what's your recommendation?
Nary: Madam Mayor, Members of the Council, I would leave it on for third reading. You
can continue the third reading if you still would like the opportunity for input, if the
building division needs a little more time to have conversation with some of the folks,
but I would keep it on your schedule so that way it stays consistent, but you could set
over your third reading and continue it again then to a date certain.
Rountree: Okay. That would be my preference.
De Weerd: Okay. And so maybe a red lined copy of what they have today and what
you're proposing to change as you suggested. Okay.
Hoaglun: And, Madam Mayor and Bruce, if we could have -- make sure that's in the
packet for everyone to read. We usually get that on Friday, so -- a lot of us read the
stuff over the weekend, so --
Meridian City Council
March 26, 2013
Page 93 of 95
Freckleton: Madam Mayor, Members of the Council, I can have that for you tomorrow.
Bird: Thank you.
Freckleton: I have basically got it done already, so --
De Weerd: Okay. Okay. Well, Council, if I could get a motion to continue the public
hearing to our next meeting.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I would move we continue the public hearing for Ordinance No. -- proposed
Ordinance No. 13-1547 until April 2nd, 2013.
Rountree: Second.
De Weerd: I have a motion and a second to continue the public hearing on Item 9-J to
April 2nd. All those in favor say aye. All ayes.
MOTION CARRIED: ALL AYES.
Item 10. Continued Department Reports
A. Clerk's Office: Discussion on Room Reservation Policy
B. Clerk's Office: Proposed Temporary Use Code Update - Large-
Scale Special Events
De Weerd: Okay. I guess if we could also continue our Department Reports, Items 10-
Aand 10-B to our next meeting.
Hoaglun: Madam Mayor?
De Weerd: We might be sharper at that time.
Hoaglun: I move we continue Items 10-A and 10-B until the April 2nd meeting.
Bird: Second.
Nary: Madam Mayor? We would ask if we could move 10-A to your workshop on the --
Ithink it's the workshop date or ten --
De Weerd: The 9th.
Meridian City Council
March 26, 2013
Page 94 of 95
Nary: 9th. If you could move that -- 10-A to the 9th and 10-B to next week.
Hoaglun: Madam Mayor?
De Weerd: Okay.
Hoaglun: I would withdraw my previous motion and move that 10-A be to our Council
workshop on April 9th and 10-B be moved to be continued to the April 2nd meeting.
Rountree: Second.
De Weerd: I have a motion and a second to continue Items 10-A and B to -- A April 9th
and B April 2nd. All those in favor say aye. All ayes.
MOTION CARRIED: ALL AYES.
Item 11: Future Meeting Topics
De Weerd: We do have an Executive Session. Anything under future meeting topics?
Bird: I have none.
De Weerd: Mr. Nary, alls I would ask is on enforcement of the maintenance of the
landscape area at Kingsbridge, to make sure that --that we get on that.
Nary: We can do that, Madam Mayor.
Item 12: Amended Onto the Agenda: Executive Session Per Idaho State Code
67-2345 (1)(f): To Consider and Advise Its Legal Representatives in
Pending Litigation
De Weerd: Okay. Council, I would entertain a motion to adjourn into Executive
Session.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we go into Executive Session as per Idaho State Code 67-2345(1)(f).
Rountree: Second.
De Weerd: I have a motion and a second to adjourn into Executive Session. Madam
Clerk, will you call roll.
Meridian City Council
March 26, 2013
Page 95 of 95
~"` Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
EXECUTIVE SESSION: (11:54 p.m. to 12:25 a.m.)
De Weerd: I would entertain a motion to come out of Executive Session.
Rountree: So moved.
Hoaglun: Second.
De Weerd: All those in favor say aye. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
De Weerd: Do I have a motion to adjourn?
Hoaglun: So moved.
Rountree: Second.
De Weerd: All those in favor?
MOTION CARRIED: ALL AYES.
MEETING ADJOURNED AT 12:25 A.M.
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Changes to Agenda: None
Item 9A: Spurwing Challenge Subdivision (FP®13®005)
Application(s):
Final Plat
Size of property, existing zoning, and location: This site consists of 58.25 acres, is currently zoned R-8, and is located on the north
side of Chinden Blvd., west of N. Linder Road.
Summary of Request: The proposed final plat consists of twenty-three (23) residential lots and four (4) common lots on approximately
58.25 acres of land. The average lot size is 22,202 square feet. All of the lots proposed for the development are for single-family
detached homes and comply with the dimensional standards of the R-8 zoning district.
A majority of the open space proposed with the plat is to develop with a nine (9) hole executive golf course. The required 35-foot
landscape buffer adjacent to Chinden Boulevard will be part of the golf course. The proposed open space totals 43.2 acres of land
which is approximately 70.6% open space. The amenities include the use of the existing Spurwing club house and community pool and
a 10-foot wide multi-use pathway adjacent to Chinden Boulevard. The proposed open space and amenities are consistent with the
open space and amenities approved with the preliminary plat.
A private street is proposed to be constructed within the development. A new public street (N. Long Lake Way) will be constructed with
the development of the subdivision that aligns with the signalized intersection of N. Long Lake Way and Chinden Boulevard at the half-
mile. The proposed private street is replacing the existing public street access, N. Spurwing Way, which was approved for vacation by
City Council in 2012.
The proposed final plat substantial complies with the approved preliminary plat.
®utstanding Issue(s) for City Council:
i. The plat has been conditioned to landscape the ITD ROW per City ordinance
ii. Private Street standards require two points of pedestrian and bicycle connectivity per City Ordinance.
Vllritten Testimony since Commission Hearing: Chuck Christensen has submitted comments and has objection to Condition #5
which requires the ITD ROW to be landscaped and Condition #10, bullet #3 which requires unobstructed pedestrian and bicycle access
along the private street. Staff recommendation stands as these are code requirements and cannot be waived.
Staff Recommendation: Approval
Notes:
Item 9S: Legacy Church ( -13.001)
Application(s):
Rezone
Size of property, existing zoning, and location; This site consists of 3.95 acres, is currently zoned R-4, and is located at 1501 N.
Meridian Road.
Summary of Request: Request for a rezone of 3.95 acres of land consisting of 11 parcels from the R-4 to the 0-T zoning district
consistent with the FLUM designation of Old Town. The rezone of the property will enable the church use to be a principally permitted
use rather than anon-conforming use in the district (churches are a prohibited use in the R-4 district), and enable the use to be
expanded in the future without going through the conditional use permit process.
The applicant requests reimbursement of the rezone application fee based upon ACHD's failure to facilitate the rezone process as part
of the ROW negotiations as anticipated. The applicant believes the rezone would not have been necessary if it were not the road
widening project which eliminated a portion of their parking area; the church will now need to fund the construction of a new parking lot.
It's the desire of the church to use the requested reimbursement fee toward beautification of the site.
Commission Recommendation: Approval at the Feb. 21St public hearing
Summary of Commission Public Hearing:
i. In favor: David Crawford
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: None
Key Issue(s) of Discussion by Commission;
i. The requirement for 2-story construction in the 0-T district
Key Commission Change(s) to Staff Recommendation:
i. None
Written Testimony since Commission Hearing: None
®utstanding Issue(s) for City Council:
i. Reimbursement of the rezone application fee ($2092.00)
Notes:
Item 9C, D, : Red Wing Subdivision (MDA-13-002; -13.002; PP-13.003)
Application(s):
Development Agreement Modification
Rezone
Preliminary Plat
Size of property, existing zoning, and location: This site consists of 31+/- acres, is currently zoned C-N & TN-C, and is located on
the southeast corner of E. Victory & S. Meridian Roads.
Summary of Request: The applicant requests a modification to the existing DA for Cavanaugh Subdivision to remove this property
from the overall Cavanaugh DA.
A rezone of 32.87 acres of land from the C-N (Neighborhood Commercial; 13.59 acres) and TN-C (Traditional Neighborhood Center;
16.49 acres) zoning districts to the R-4 (16.55 acres) and R-15 (16.32 acres) zoning districts. This is consistent with a recent change to
the FLUM designating this property for MDR & MHDR uses.
A preliminary plat is also proposed consisting of 48 single-family residential building lots, 1multi-family residential lot & 9 common open
space lots on 31.11 acres of land.
Access to the subdivision is proposed via 2 access points on Victory Road. In accord w/UDC 11-3A-3 which limits access to arterial
streets, staff recommends only one access via Victory be approved for this site unless waived by City Council & approved by ACHD.
ACHD's draft staff report did recommend approval of the 2 access points proposed. A stub street is shown on the plat for future
extension to the east where a collector street is planned for access to the south across the Ridenbaugh Canal.
A 35' wide buffer is required along Meridian Rd./SH 69 & a 25' wide buffer is required along Victory. A 4' tall berm and 6' tall fence on
top of the berm is proposed along Meridian Road for noise abatement from the highway to the proposed residential uses. A 10' wide
multi-use pathway is proposed along Meridian Road in accord with the Master Pathways Plan.
Conceptual building elevations were submitted for the single-family dwellings as well as the future apartment structures.
Commission Recommendation: Approval at the February 21St public hearing
Summary of Commission Public Hearing:
i. In favor: Jonathan Seel
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: Jonathan Seel
Key Issue(s) of Discussion by Commission:
i. None
Key Commission Change(s) to Staff Recommendation:
i. None
Written Testimony since Commission Hearing: None
®utstanding Issue(s) for City Council:
i. The applicant requests a waiver from City Council to UDC 11-3A-3, which limits accesses to arterial streets, for two
accesses via Victory Road. The Commission recommended approval of this request.
ii. There is an outstanding issue related to the requirement for City service mains to be installed to and through this
development which Bruce/Vllarren will address.
Notes:
Item 9F: Irvine Subdivision (PP-12.018)
Application(s):
Preliminary Plat
Size of property, existing zoning, and location: This site consists of 38.5 acres, is currently zoned R-8, and is located at SEC of
Chinden Boulevard and N. Ten Mile Road.
Summary of Request: The proposed preliminary plat consists of 145 residential building lots and 12 common on 38.5 acres of land in
an R-8 zoning district. The proposed gross density of the subdivision is 3.77 dwelling units per acre consistent with the R-8 zoning
district. The minimum lot size proposed is 5,500 square feet with an average lot size of 6,700 square feet consistent with the minimum
R-8 district requirement. All lots must comport to the R-8 dimensional standards set forth in UDC 11-2A. The plat is proposed to
develop in 5 phases.
The north and south side of Dlock 8 and north side of lock 12 exceed the maximum block length requirements by
approximately 230 linear feet. Staff is processing a UDC text amendment to the block length requirements listed in UDC 11-
6C-3F. If this happens, the proposed block lengths may conform to the new standards. However, if a UDC amendment is not
approved, staff recommends development of the plat comply with the block length standards in effect at the time of final plat
submittal.
Access: The main access to the development is proposed from N. Ten Mile Road and no access is proposed from Chinden Boulevard.
The internal street layout provides adequate internal connectivity and extends existing stubs streets from the south and east boundary.
In addition, several stub streets are planned to the Ada County parcels abutting the west and east boundary.
Landscaping: UDC 11-2A-6 requires a 35-footwide street buffer along Chinden Boulevard and N. Ten Mile Road. On the submitted
plat, the applicant depicts a 45-foot wide common lot adjacent to Chinden Boulevard and a 35-foot wide common lot adjacent to N. Ten
Mile Road. Although the buffer width along Chinden exceeds the minimum require by the UDC, the wider lot is proposed to provide
adequate buffering between the state highway and the single family homes in accord with the noise abatement requirements of the
UDC. For this reason, the plat has been conditioned to construct the 45-foot wide street buffer as proposed. Said buffers must be
constructed in accord with UDC 11-3B-7C and maintained by the homeowners association.
®pen Space: The plat depicts 10.7% (or 4.08 acres) of eligible open space in compliance with UDC standards. Proposed open space
consists of 1.5 acre central park, six (6) passive open space lots meeting or exceeding the 50' x 100' square feet, 50% arterial street
buffers and a micropath. Planned amenities include amulti-use pathway along Chinden, a tot lot within the central park which that
includes a walking path, a sitting area and playground equipment to be constructed with phase two. Staff is amenable to the
development of the central park with second phase of development. Further, staff is requiring a covered picnic area to be included in
the park.
wilding Elevations: The submitted elevations provide mix of building materials, covered porches and varying roof planes and
decorative corbels and shutters. Future homes constructed within the subdivision must comply with the elevations attached in the staff
report.
Commission Recommendation: Approval at the February 21St public hearing
Summary of Commission Public Hearing:
i. In favor; Scott Noriyuki
ii. In opposition: None
iii. Commenting: Mike Meyers; Jerry Stevenson
iv. Written testimony: None
Key Issue(s) of Discussion by Commission:
i. Constructing vinyl fencing within the proposed development based on public testimony at the hearing.
ii. Limiting certain lots to single story homes based on public testimony at the hearing.
iii. Design of the proposed subdivision.
Key Commission Change(s) to Staff Recommendation:
i. The Commission modified condition 1.1.3 to read at final plat submittal.
Written Testimony since Commission Hearing: Mike Meyers is requesting Council to limit homes adjacent to his property to single
story homes and require the developer to install vinyl fencing to match the existing subdivision.
The applicant has provided written response to the Commission Recs. The applicant's representative has met with the two adjacent
property owners. The applicant has agreed to construct the subdivision fencing consistent with the fencing in the area. Further, the
applicant has agreed to install trees within the buildable lots adjacent to Mr. Stevenson's property and limit one of the lots to a single
story home. Staff has not received details as to which lot will house the single story home or the number of trees proposed
®utstanding Issue(s) for City Council:
i. Council should have the applicant provide specific details regarding the agreements made to the adjacent neighbors to
ensure the project is conditioned appropriately.
Notes:
Item 9G, H: Rushmore Subdivision (PP®12019; CUP®12.014)
Application(s):
Preliminary Plat
Conditional Use Permit
Alternative Compliance
Size of property, existing zoning, and location: This site consists of approximately 5.54 acres, is currently zoned L-0 and R-15, and
is located at south of Pine Avenue, west of W. Idaho Street and W. Broadway Avenue.
Summary of Request: The proposed plat consists of a church lot, 3multi-family lots and 2 common lots on approximately 5.54 acres.
No development is proposed for the church property. With future development of the site, the applicant will be responsible for
constructing a pathway along the north side of the Nine Mile Creek.
The three (3) multi-family lots are proposed to develop with three (3) two story apartment buildings containing a total of twenty-four (24)
units; twelve (12) two bedroom units and (12) three bedroom units. All of the lots comply with the dimensional standards of the R-15
zone. Gross density proposed for this project is 11.2 dwelling units.
The church site/lot currently has access from Pine Avenue and W. Idaho Avenue. Access to the proposed multi-family development is
provided from W. Broadway Avenue. Common Lot 1, Block 1 provides ingress/egress for all of the multi-family lots. A common lot is
planned along the south side of the multi-family development to provide for the construction of a future pathway if the pathway is
unable to be located with UP right-of way.
A conditional use permit is requested for amulti-family development in an R-15 zoning district in accord with UDC Table 11-2A-2. The
proposed multi-family development consists of three (3) two-story eight-plex structures containing a total of twenty-four (24) dwelling
units. Unit mix includes twelve (12) three-bedroom units and twelve (12) two-bedroom units.
The submitted site plan and landscape plan substantially comply with the requirements of the UDC. Proposed amenities include 1)
covered picnic area, 2) plaza, 3) a play structure, and 4) 150 square foot multi-purpose building.
The proposed buildings provide variations in the roof planes and provide modulation in the facades. Bay windows are also incorporated
into the rear facades. All of the structures are proposed to incorporate a mix of building materials to include the following: stucco
wainscot, and three different pattern variations of vinyl siding.
Commission Recommendation: Approval at the February 21St public hearing
Summary of Commission Public Hearing:
i. In favor: Pat Tealey
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: H. Leroy Minatre (in opposition)
Key Issue(s) of Discussion by Commission:
i. Design of the detention facility along the south side of the Nine Mile Creek.
ii. A revised plat (Exhibit A.2) was submitted prior to the City Council hearing incorporating the church property as a lot and
block with the subdivision.
Key Commission Change(s) to Staff Recommendation: None
®utstanding Issue(s) for City Council: The plat was amending to incorporate the church property. ACHD has generated a revised
staff report requiring the dedication of the cul-de-sac ROW and the installation of a sidewalk adjacent to the roadway. Staff has
contacted the Church and informed them of ACHD requirements. These requirements have no bearing on the development of the
multi-family development as the plat may develop in multiples phases.
~1lritten Testimony since Commission Hearing: ACRD has revised the staff report since the church property was included as part of
the plat. These requirements will be required once the church property submits a final plat application. It is anticipated that the multi-
familydevelopment will be the first phase of development since no development is proposed for the Church property at this time.
(votes:
Item 9J: Kingsbridge Subdivision (MDA®13®003)
Application(s):
Development Agreement Modification
Location of Site: This subdivision is located on the north side of E. Zaldia Street, east of S. Eagle Road.
Summary of Request: The applicant is requesting to modify the landscape buffer and berm adjacent to E. Zaldia Lane/Street,
specifically the width and the height of the berm and fence combination. Currently, the recorded development agreement requires a 20-
footwide landscape buffer to be bermed and provide a vertical screen height of eleven (11) feet. Further, a 5-foot landscape strip was
required on the south side of 6-foot privacy fence. The overall width of the buffer was approved for 25 feet however; a 28-foot wide
landscape buffer was constructed and approved with the development. Eight (8) feet of the landscape buffer is part of the adjacent
buildable lots' rear yards, thus part of the reason for the modification.
The applicant is requesting to lower the berm a maximum of three (3) feet and relocate the existing 6-foot fence five (5) feet south; 3
feet from the shared property boundary between the builable lots and the common lot. Overall height of the berm/fence combination is
planned to be approximately eight (8) feet in height. If the fence is moved as proposed by the applicant, the width of the landscape
buffer, between the street and fence, will be reduced from 28 feet in width to 23 feet.
Staff is supportive of the applicant lowering the berm height so the fence can be constructed outside of the slope of the berm. However
there are numerous pine trees near the existing fence line that could be impacted if the width of the buffer was reduced beyond the DA
required 25 feet. Further, the proposed landscape buffer is not being maintained by the HOA nor the adjacent homeowners. For these
reasons, staff recommends the following modifications to the recorded development agreement:
1) A 25-foot wide landscape buffer, consisting of a 20-foot wide common lot and 5-foot wide landscape strips south of the privacy
fence, are required adjacent to E. Zaldia Street/Zaldia Lane. The landscape buffer shall be bermed and provide a minimum
vertical screen height of 8 feet (6-foot privacy fence and 2-foot berm) as measured from E. Zaldia Street/Zaldia Lane
established grade. The existing pine trees (every 20-foot on center) within the landscape buffer must be protected during the
modification of the berm and fence relocationand:
2) The required 25-foot landscape buffer adjacent to E. Zaldia Street/Zaldia Lane must be landscaped and maintained in accord
with the approved final plat landscape plan dated 7-27-05, including but not limited to; the replanting trees, shrubs, other
vegetative groundcover and repairs to the irrigation system.
I~Iritten Testimony: Based on phone conversations with several of the neighbors, it was brought to staffs attention that the Nine Mile
Creek was within the jurisdiction of the Army Corp of Engineers. Staff meet with a representative from the Corp on site and written
documentation from the Corp substantiates the proposed modifications do not impact the jurisdictional boundaries of the Corp. Further,
staff has received multiple letters in opposition of the proposed modification from the adjacent neighbors. The neighbor's primary
concerns are as follows:
1) modification to the landscape buffer would damage the existing trees;
2) stability of the berm after the modification;
3) reduced property values;
4) aesthetics of the berm;
5) improper notification to the Napoli homeowner's;
6) greater visibility of the adjacent Kingsbridge homes and;
7) negatively impact the wildlife using the existing open waterway (Nine Mile Creek).
If the landscape buffer is modified as recommended, staff is of the opinion many of the neighbor's concerns will be addressed.
Staff Recommendation: Approval
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CABLENE MGVIE I®1IG T' IN MEIN IAI~I
2013 SINGLE-NI T SPNS S I AGREEMENT
This CABLEONE MOVIE NIGHT IN MERIDIAN 2013 SINGLE-NIGHT
SPONSORSHIP AGREEMENT ("Agreement") is made on this ,~ day of .~.~~,. , 2013
("Effective Date"), by and between the City of Meridian, a municipal corporation organized
under the laws of the state of Idaho, whose address is 33 E. Broadway Avenue, Meridian, Idaho
("City"), and Hart's Martial Arts Studio, whose address is 8707 West State Street Suite C, Boise,
ID 83714 ("Sponsor"). For good and valuable consideration and in consideration of the mutual
promises and covenants herein contained, City and Sponsor agree as follows:
1° Sirl~le-Night Sponsorship. Throughout the term of this Agreement, Sponsor shall be, and
shall be recognized as, the Single-Night Sponsor of City's June 14t~', 2013 and August 9`h,
2013 installments of the weekly summer CableONE Movie Night in Meridian event series.
As such, benefits insuring to Sponsor throughout the term of this Agreement shall include
those enumerated for Single-Night sponsors in the CableONE Movie Night in Meridian 2013
Sponsorship Packet, attached hereto as Exjiibit A.
2. P'ayment° Sponsor shall prepay to City as provided in Exhibit B "Payment Schedule"
attached hereto. In the event the Sponsor fails to pay this amount in full in a timely manner
as provided herein, City may terminate this Agreement in the manner therefor as set forth
herein. In the event that the CableONE Movie Night in Meridian program is discontinued, or
the showing is cancelled or shortened before Sponsor's promotional video is shown, no
portion of the amount prepaid shall be refundable, though City shall issue a raincheck to
Sponsor for redemption as a Single-Night Sponsor in the following season. City shall make
all decisions regarding scheduling. In the event that the Cab1eONE Movie Night in Meridian
program is discontinued, or the showing is cancelled or shortened after Sponsor's
promotional video is shown, no portion of the amount prepaid. shall be refundable, and no
raincheck shall issue.
3. Promotion.
u. City's effoi°ts° With regard to Cab1eONE Movie Night in Meridian, City shall undertake
the promotional and advertising efforts enumerated for Single-Night Sponsors in the
Cab1eONE Movie Night in Meridian 2013 Sponsorship Packet, attached hereto as Exjiibit
A.
MOVIE NIGHT SINGLE-NIGHT SPONSORSHIP AGREEMENT PAGE 1 Of 7
b. Promotional Item Limitations. The sale or distribution of any food, drinl~, ox other
promotional item by Sponsor at Sponsor's booth, as allowed in the Cab1eONE Movie
Night in Meridian 2013 Sponsorship Packet attached hereto as Ex1'iibit A, shall not be
permitted without prior written permission from City. Such permission maybe withheld
or revoked at any time and for any reason. City may also, at any time, require that
Sponsor discontinue the distribution of any promotional item that City deems to be
negatively impacting concessions sales or deems not to be appropriate.
c. 'Video production. City, in its sole discretion, may edit, reduce, cancel, or reject, at any
time, any audio, video, or written material submitted, used, or created by Sponsor. Any
pre-approval by City shall not be considered a waiver of the right to revolve or edit any
such material during the term of this Agreement. Further, Sponsor warrants and
represents that, as to all content of the video pieces created or produced pursuant to this
Agreement, Sponsor shall, and hereby agrees to, indemnify, defend and hold harmless
City from all claims, suits, judgments, proceedings, losses, damages, costs, and expenses,
of any nature whatsoever, including attorneys' fees, for which the City may become
liable by reason of City's displaying of Sponsor's audio or video copy, artwork, or other
content, including but not limited to claims for libel, violation of privacy, plagiarism, or
copyx-ight violations.
. '.Perin. The term of this agreement shall be from the Effective Date through September 1,
2013, unless earlier terminated by either party by the method established herein.
5. Cancellation9 scheduling. The parties aclcrlowledge that the 2013 CableONE Movie Night
in Meridian event series schedule shall include twelve to fourteen (12-14) weekly movie
showings during June, July, and August, but cancellation of any or all movie showings may
be necessary due to weather or other conditions or circumstances. City shall have sole
responsibility and discretion in scheduling and/or cancelling CableONE Movie Night in
Meridian and all movies and activities related thereto, including any and all related activities
by Sponsor. The parties hereto expressly acknowledge that Settlers Par1~ is a public space,
the management and scheduling of which shall at all times be within the sole purview of
City. Any right or privilege granted to Sponsor by this Agreement shall include neither the
right to exclude any law-abiding person from CableONE Movie Night in Meridian, nor the
right to interfere with any person's concurrent, lawful use of Settlers Park where such
concurrent use does not conflict or interfere with Sponsor's use.
6. Insurance Sponsor's responsibility. City shall not provide insurance to cover loss, theft, or
damage of any equipment, materials, or personnel used or employed by Sponsor in the
furtherance of this Agreement, or to cover any activity undertaken by Sponsor in the exercise
of the rights or the furtherance of the obligations described herein. Any and all insurance of
each party's respective property and personnel shall be the sole responsibility of that party.
Sponsor shall obtain all necessary insurance as may be required in order to protect Sponsor's
insurable interests for Sponsor's rights and obligations described within this Agreement,
including, but not limited to, liability insurance, automobile insurance, worker's
compensation insurance, and/or property insurance.
MOVIE NIGHT SINGLE-NIGHT SPONSORSHIP AGREEMENT PAGE 2 of 7
`. 7. Use of City's name, logo. City hereby conveys to Sponsor permission to use City's name
for purposes of advertising, marketing, and public information, without violation of City's
rights of privacy or any other rights City may possess under this Agreement, provided that
Sponsor shall not use City's logo for any purpose without the express, written permission of
the Mayor's Executive Assistant.
~. Termination.
a. Terminati®n for cause. If either Party determines that the other has failed to comply
with any tex-m or condition of this Agreement, violated any of the covenants, agreements,
and/or stipulations of this Agreement, engaged in any act of misconduct in the
performance of this Agreement; or if either Party willfully or negligently defaults in, or
fails to fulfill, its material obligations under this Agreement, the other Party shall have the
right to terminate the Agreement by giving written notice to the defaulting party of its
intent to terminate, and shall specify the grounds for termination. The defaulting party
shall have two (2) days after such notice is sent to cure the default. If the default is not
cured within sltch period, this Agreement shall be terminated upon written notice of such
termination by the terminating party.
b. ~To compensation upon termination. In the event of termination, neither Party shall be
entitled to compensation or damages for any equipment or materials provided pursuant to
this Agreement or obligations incurred in furtherance of the rights conveyed by this
Agreement.
9. Photography and recording. City shall be authorized to photograph, record, video tape,
reproduce, transmit, or disseminate, in or from CableONE Movie Night in Meridian, all
related activities for educational and public information purposes. City shall not be
responsible for the actions of persons who are not under its employment or control.
10. Relationship of Parties. It is the express intention of Parties that Sponsor is an independent
contractor and not an employee, agent, joint venturer, or partner of City. Nothing in this
Agreement shall be interpreted or construed as creating or establishing the relationship of
employer and employee between Sponsor and City or between Sponsor and any official,
agent, or employee of City. Both parties acknowledge that Sponsor is not an employee of
City. Sponsor shall retain the right to perform services for others during the term of this
Agreement. Sponsor shall have no authority or responsibility to exercise any rights or power
vested in City. The selection and designation of the personnel of City in the performance of
this agreement shall be made by City.
11. Indemnification. Sponsor specifically indemnifies City and holds City harmless from any
loss, liability, claim, judgment, or action for damages or injury to Sponsor, to Sponsor's
personal property or equipment, and to Sponsor's employees, agents, or volunteers arising
out of or resulting from the condition of City's real or personal property or any lack of
maintenance or repair thereon, and not caused by or arising out of the tortious conduct of
City or its employees. Sponsor further agrees to indemnify and hold City harmless from any
loss, liability, claim or action from damages or injuries to persons or property in any way
MOVIE NIGHT SINGLE-NIGHT SPONSORSHIP AGREEMENT PAGE 3 Of 7
arising out of or resulting from the use of City's real or personal property by Sponsor or by
Sponsor's employees, agents, volunteers, or invitees and not caused by or arising out of the
tortious conduct of City or its employees or volunteers.
12. Waiver. Sponsor shall, and hereby does, waive any and all claims and recourse against City,
including the right of contribution fox loss and damage to persons or property arising from,
growing out of, or in any way connected with or incident to Sponsor's performance of this
Agreement, whether such loss or damage maybe attributable to known or unl~rlown
conditions, except for liability arising out of the tortious conduct of City or its officers,
agents or employees.
13. Taxes. Sponsor shall be solely responsible for the payment of taxes owed for any income
realized as the result of activities undertaken pursuant or related to this Agreement.
14. Tinie of the essence. Sponsor aclcrlowledges that services provided under this Agreement
shall be performed in a timely manner. The Parties acknowledge and agree that time is
strictly of the essence with respect to this Agreement, and that the failure to timely perform
any of the obligations hereunder shall constitute a breach of, and a default under, this
Agreement by the party so failing to perform.
15. Compliance with lave. Throughout the course of this Agreement, Sponsor shall comply with
any and all applicable federal, state, and local Iaws.
16. Ikon-discrimination. Throughout the course of this Agreement, Sponsor shall not
discriminate against any person as to race, creed, religion, sex, age, national origin, sexual
orientation or any physical, mental, or sensory handicap.
17. Entire agreement. This Agreement constitutes the entire understanding between the
Parties. This Agreement supersedes any and all statements, promises, or inducements made
by either party, ox agents of either party, whether oral or written, whether previous to the
execution hereof or contemporaneous herewith. The terms of this Agreement may not be
enlarged, modified or altered except upon written agreement signed by both parties hereto.
18. Costs and attorneys' fees. If either party brings any action or proceedings to enforce, protect
or establish any right or remedy under the terms and conditions of this Agreement, the
prevailing party shall be entitled to recover reasonable costs and attorneys' fees, as
determined by a court of competent jurisdiction, in addition to any other relief awarded,
19. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity,
interpretation, performance and enforcement of this Agreement. Venue shall be in the courts
of Ada County, Idaho.
20. Cumulative rights and remedies. A11 rights and remedies herein enumerated shall be
cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the
exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of
any other remedy.
MOVIE NIGHT SINGLE-NIGHT SPONSORSHIP AGREEMENT PAGE 4 Of 7
21. Severability. If any provision of this Agreement is found by a court of competent
jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not
be affected.
22. No assignment. Sponsor shall not assign, sublet, subcontract, or transfer its rights or
responsibilities hereunder without the express written consent of City. Should Sponsor cease
to exist in its current form, this Agreement and all rights granted to Sponsor hereunder shall
be void.
23. Notice. Any and all notice required to be provided by either of the Parties hereto, unless
otherwise stated in this Agreement, shall be in writing and shall be deemed communicated
upon sending an e-mail message, addressed as follows:
Spo,~ nsoi
Greg and Pandi Hart
fstarrC~clear.net
C1ty:
Colin Moss
cmoss @ meridiancity.org
Either party may change its e-mail address for the purpose of this paragraph by giving
written notice of such change in the manner herein provided.
24. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of
hereof as if the exhibits were set forth in their entirety herein.
25. Warranty of authority. The undersigned expressly warrants that, to the extent set forth
herein, he is duly authorized to act as the representative anal agent of Sponsor. The
undersigned further warrants that he is authorized to bind Sponsor to the obligations set forth
herein, and to accept the liabilities as established herein on behalf of Sponsor.
BIZ:
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Authorized Representative Signature
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Please Print Name
CITY ~DIF i RIDIAN:
BY: ..~
Tammy d~ V~'eerd, Mayor
MOVIE NIGHT SINGLE-NIGHT SPONSORSHIP
Title
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Date
ATTEST:
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the TRt~S~'~
lman, City Clerk
PAGE 5 of 7
Exhibit A
CABLEONE MOVIE NIGHT IN MERIDIAN 2013 SPONSORSHIP PACKET
Single Night Sponsor
~ ~ w~ receive.
® Recognition as one event's sponsor in all promotional efforts for that event.
The opportunity to promote your business or organization at your movie
night through product displays, sampling, demonstrations, etc. It is also
encouraged to organize activities that add to the appeal of your movie night.
Examples include bounce houses, live bands, games, raffles, etc.
The opportunity to insert one (1) thirty (30) second advertisement into the
pre-movie video at your movie night.
~` The opportunity to hang up to two (2) banners no wider than eight (S) feet
each around the seating area during your show. Banners around seating area
must be free-standing. There will be no fences, trees, buildings, etc around
the seating area to hang your banner on.
Your logo linked to your website on the City of Meridian website next to
your event's listing on the CableONE Movie Night in Meridian page.
Your logo and a lin1~ to your website on your movie night's event listing on
the Meridian Parks and Recreation page on Facebook.
Your logo next to your event's listing on the CableONE Movie Night in
Meridian flyers that are distributed throughout the season.
MOVIE NIGHT SINGLE-NIGHT SPONSORSHIP AGREEMENT PAGE 6 of 7
~Xh1b1t B
PA'~.1v/IENT ~CI~EI)I1IlE
A. Fees for the above listed sponsorships wi11 be paid to the City in advance of the
events according to the following schedule.
DESCRIPTION AMOUNT
Payment due by 5 :OOpm, May 31St. $350.00
Payment due by 5:OOpm, August 1St. $350.00
MOVIE NIGHT SINGLE-NIGHT SPONSORSHIP AGREEMENT PAGE 7 Of ~
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CA LI+1NI+11l~IC) VIE 1~1I T II~T III N
21 ESENT SP~NSO S P AG EE ENT
This CABLEONE MOVIE NIGHT IN MERIDIAN 2013 P ESENTING
SPONSORSHIP AGREEMENT "A reement" is made on this -da of ~. 2013
( ~ ) y ,
("Effective Date"), by and between the City of Meridian, a municipal corporation organized
under the laws of the state of Idaho, whose address is 33 E. Broadway Avenue, Meridian, Idaho
("City"), and YOGURTZ, whose address is 1560 N. Locust Grove, Meridian, ID 83642
("Sponsor"). For good and valuable consideration and in consideration of the mutual promises
a.nd covenants herein contained, City and Sponsor agree as follows:
1. I~gesentln Spt-nsorshlp. Throughout the term of this Agreement, Sponsor shall be, and
shall be recognized as, a 2013 Presenting Sponsor of City's weekly summer Cab1eONE
Movie Night in Meridian event series. As such, benefits insuring to Sponsor throughout the
term of this Agreement shall include those enumerated. for presenting sponsors in the
CableONE Movie Night in Meridian 2013 Sponsorship Packet, attached hereto as Exhibit A.
2. ay ent Sponsor shall prepay to City as provided in Exhibit B "Payment Schedule"
attached hereto. In the event the Sponsor falls to pay this amount In full In a timely manner
as provided herein, City may terminate this Agreement in the manner therefor as set forth
herein. In the event that the Cab1eONE Movie Night in Meridi~ul program is discontinued or
shortened for any reason, no portion of the amount prepaid shall be refundable.
3. ~ron~otion.
~. City's efforts. With regard to CableONE Movie Night in Meridian, City sha11 undertake
the promotional and advertising efforts enumerated for presenting sponsors in the
Cab1eONE Movie Night in Meridian 2013 Sponsorship Packet, attached hereto as Exhibit
A.
lu. omotlor-al Item I,i Rations. The .sale or distribution of any food, drink, or other
promotional item by Sponsor at Sponsor's booth, as allowed in the Cab1eONE Movie
Night in Meridian 2013 Sponsorship Packet attached hereto as Exhibit A, shall not be
permitted without prior written permission from City. Such permission. may be withheld
or revoked at any time and for any reason. City may also, at any time, require that
Sponsor discontinue the distribution of any promotional item that City deems to be
negatively impacting concessions sales or deems not to be appropriate.
MOVIE NIGHT PRESENTING SPONSORSHIP AGREEMENT PAGE 1 of 7
e. Vfideo p~odaretlon. City, in its sole discretion, may edit, reduce, cancel, or reject, at any
time, any audio, video, or written material submitted, used, or created by Sponsor. Any
pre-approval by City shall not be considered a waiver of the right to revoke or edit any
such material during the term of this Agreement. Further, Sponsor warrants and
represents that, as to all content of the video pieces created or produced pt~rsuant to this
Agreement, Sponsor shall, and hereby agrees to, indemnify, defend and hold harmless
City from all claims, suits, judgments, proceedings, losses, damages, costs, and expenses,
of any nature whatsoever, including attorneys' fees, for which the City may become
liable by reason of City's displaying of Sponsor's audio or video copy, artwork, or other
content, including but not limited to claims for libel, violation of privacy, plagiarism, or
copyright violations.
~. Term. The term of this agreement shall be from the Effective Date through September 1,
2013, unless earlier terminated by either party by the method established herein. .
~. Cancell~tlon; schedtu~ang. The parties acknowledge that the 2013 Cab1eONE Movie Night
in Meridian event series schedule shall include twelve to fourteen (12-14} weekly movie
showings during June, July, and August, but cancellation of any or all movie showings may
be necessary due to weather or other conditions or circumstances. City sha11 have sole
responsibility and discretion in scheduling and/or cancelling CableONE Movie Night in
Meridian and all movies and activities related thereto, including any and all related activities
by Sponsor. The parties hereto expressly acknowledge that Settlers Parr is a public space,
the management and scheduling of which shall at all times be within the sole purview of
city. Any right or privilege granted to Sponsor by this Agreement shall include neither the
right to exclude any law abiding person from CableONE Movie Night in Meridian, nor the
right to interfere with any person's concurrent, lawfill use of Settlers Parr where such
concurrent use does not conflict or interfere with Sponsor's use.
~® ][nsurareee Sponsorr's ~ esponsfibgli~y. City shall not provide insurance to cover loss, theft, or
damage of any equipment, materials, or personnel used or employed by Sponsor in the
fiirtherance of this Agreement, or to cover any activity undertaken by Sponsor in the exercise
of the rights or the filrtherance of the obligations described herein. Any and all insurance of
each party's respective property and personnel shall be the sole responsibility of that party.
Sponsor shall obtain all necessary insurance as maybe regt~ired in order to protect Sponsor's
insurable interests for Sponsor's rights and obligations described within this Agreement,
including, but not limited to, liability insurance, automobile insurance, worker's
compensation insurance, and/or property insurance.
7, tJse of City's n~rne, logo. City hereby conveys to Sponsor permission to use City's name
for purposes of advertising, marl~eting, and public information, without violation of City's
rights of privacy or any other rights City may possess under this Agreement, provided that
Sponsor shall not use City's logo for any purpose without the express, written permission of
the Mayor's Executive Assistant.
~. '~'errnination.
MOVIE NIG~IT PRESENTING SPONSORSHIP AGREEMENT PAGE 2 of 7
a. Terrr~ination Foy ~a~se. If either Party determines that the other has failed to comply
with any term or condition of this Agreement, violated any of the covenants, agreements,
andlor stipulations of this Agreement, engaged in any act of misconduct in the
performance of this Agreement; or if either Party wi11fii11y or negligently defaults in, or
fails to fillfill, its material obligations under this Agreement, the other Party shall have the
right to terminate the Agreement by giving written notice to the defaulting party of its
intent to terminate, and shall specify the grounds for termination. The defaulting party
shall have two (2) days after such notice is sent to cure the default. If the default is not
cured within such period, this Agreement shall be terminated upon written notice of such
termination by the terminating party.
b. Igo co~npensa~ion opon terxnlffia~iorn. In the event of termination, neither Party shall be
entitled to compensation or damages for any equipment or materials provided pursuant to
this Agreement or obligations incurred in filrtherance of the rights conveyed by this
Agreement.
9. Pfl~ot®gr~phy and. reeozr~ing. City shall be authoz~ized to photograph, record, video tape,
reproduce, transmit, or disseminate, in or fiom Cab1eQNE Movie Night in Meridian, all
related activities for educational and public information purposes. City shall not be
responsible for the actions of persons who are not under its employment or control.
10.1Rei~tionship of Parties. It is the express intention of Parties that Sponsor is an independent
`` contractor and not an employee, agent, joint venturer, or partner of City. Nothing in this
Agreement shall be interpreted or construed as creating or establishing the relationship of
employer and employee between Sponsor and City or between Sponsor and any official,
agent, or employee of City. Both parties acl~nowledge that Sponsor is not an employee of
City. Sponsor shall retain the right to perform services for others during the term of this
Agreement. Sponsor shall have no authority or responsibility to exercise any rights or power
vested in City. The selection and designation of the personnel of City in the performance of
this agreement shall be made by City.
11. ~ndemniFflca~iono Sponsor specifically indemnifies City and holds City harmless from any
loss, liability, claim, judgment, or action for damages or injury to Sponsor, to Sponsor's
personal property or equipment, and to Sponsor's employees, agents, or volunteers arising
out of or resulting from the condition of City's real or personal property or any lacy of
maintenance or repair thexeon, and not caused by or arising out of the tortious conduct of
City or its employees. Sponsor fiirther agrees to indemnify and hold City harmless from any
loss, liability, claim or action from damages or injuries to persons or property in any way
arising out of or resulting from the use of City's real or personal property by Sponsor or by
Sponsor's employees, agents, volunteers, or invitees and not caused by or arising out of the
tortious conduct of City or its employees or volunteers.
12. ~1~iver. Sponsor shall, and hereby does, waive any and all claims and recourse against City,
inchYding the right of contribution for loss and damage to persons or property arising from,
growing out of, or in any way connected with or incident to Sponsor's performance of this
MOVIE NIGHT PRESENTING SPONSORSHIP AGREEMENT PAGE 3 of ~
Agreement, whether such loss or damage maybe attributable to l~nown or unknown
conditions, except for liability arising out of the tortiotis conduct of City or its officers,
agents ox employees.
13. Taxeso Sponsor shall be solely responsible for the payment of taxes owed for any income
realized as the result of activities undertaken pursuant or related to this Agreement.
14. Tyne of the essences Sponsor acknowledges that services provided under this Agreement
shall be performed in a timely manner. The Parties acknowledge and agree that time is
strictly of, the essence with respect to this Agreement, and that the failure to timely perform
any of the obligations hereunder shall constitute a breach of, and a default under, this
Agreement by the party so failing to perform.
15. Compliance with law. Throughout the course of this Agreement, Sponsor shall comply with
any and all applicable federal, state, and local laws.
16. lion®ciiscri~nination. Throughout the course of this Agreement, Sponsor shall not
discriminate against any person as to race, creed, religion, sex, age, national origin, sexual
orientation or any physical, mental, or sensory handicap.
17. entire .Agr ee~nentti This Agreement constitutes the entire understanding between the
Parties. This Agreement supersedes any and all statements, promises, or inducements made
by either party, or agents of either party, whether oral or written, whether previous to the
execution hereof or contemporaneous herewith. The terms of this Agreement may not be
enlarged, modified or altered except upon written agreement signed by both parties hereto.
1S. Costs and attorneys' fees. If either party brings any action or proceedings to enforce, protect
or establish any right or remedy under the terms and conditions of this Agreement, the
prevailing party shall be entitled to recover reasonable costs and attorneys' fees, as
determined by a court of competent jurisdiction, in addition to any other relief awarded.
19. Agreenrient governed by Idaho ia~v. The laws of the State of Idaho shall govern the validity,
interpretation, performance and enforcement of this Agreement. Venue shall be in the courts
of Ada County, Idaho.
20. C~arr~uiative rights and remedies. All rights and remedies herein enumerated shall be
cumulative and none shall exclude any other right or remedy allowed by law. Lil~ewise, the
exercise of any remedy provided for herein or allowed bylaw shall not be to the exclusion of
any other remedy.
21. ~everabilityd If any provision of this Agreement is found by a court of competent
jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not
be affected.
22. Igo assignment. Sponsor shall not assign, sublet, subcontract, or transfer its rights or
responsibilities hereunder without the express written consent of City. Should Sponsor cease
MOVIE NIGHT PRESENTING SPONSORSHIP AGREEMENT PAGE 4 of 7
to exist in its current form, this Agreement and all rights granted to Sponsor hereunder shall
be void.
23. Notre. Any and. all notice required to be provided by either of the Parties hereto, unless
otherwise stated in this Agreement, shall be in writing and shall be deemed communicated
upon sending an e-mail message, addressed as follows:
Sponsor:
Dan Scott
dscott Ca?~ myyogurtz.com
C1tV
Colin 1Vloss
cmoss ~meridiancity.org
Either party may change its e-mail address for the purpose of this paragraph by giving
written notice of such change in the manner herein provided.
24. Exhlblt~. All exhibits to this Agreement are incorporated by reference and made a part of
hereof as if the exhibits were set forth in their entirety herein,
25. ~rrax~ty of authority. The undersigned expressly warrants that, to the extent set forth
herein, he is duly authorized to act as the representative and agent of Sponsor. The
undersigned further warrants that he is authorized to bind Sponsor to the obligations set forth
herein, and to accept the liabilities as established herein on behalf of Sponsor.
a
e
e
Authorized Representative Signature
ease tint Name
CITY ~F h; II~IAN.
....,~.
B~: .
Tammy de eerd, Mayor
Title
3-/S-/3
Date
MUVIE NIGHT PRESENTING SPONSORSHIP AGREEMENT PACE _5 Of 7
Exhibit A
2013 CA~LEONE MO~TIE NICiI~T III IVIERIIaIAN SI~ONSOR~HIP PACI~EE'I'
Presenting Sponsor
~~ ~ y~ w~~6 ~ec~dvee
~ Recognition as the series presenting sponsor for one (1) full season in al[
promotional efforts such as TV, newspaper, radio, e-mails, Internet, and flyers.
One season will include up to fourteen (14} shows during the summer months of
June, July and August.
® The opportunity to set up a booth at each show during your season.
~ The opportunity to insert one {1) thirty (30) second advertisement into the pre-
rnovie video at each show during your season.
® Your logo displayed and your business or organ'ization's name spoken in the
"Sponsored by" portion of .the welcoming video at every show.
~ 1"he opportunity to hang one (1} banner on the movie screen and up to two (2)
banners no wider than eight (3} feet each around the seating area at each show.
Banners around seating area must be free-standing. There will be no fences,
trees, buildings, etc around the seating area to hang your banner on.
Your logo linked to your website on the City of Meridian website above the movie
schedule the CableONE Movie Night in Meridian page.
® Your logo and a linl<to your website on every CableONE Movie Night in Meridian
event listing on the Meridian Parl<s and Recreation page on Faceboolc.
® Your logo in the Meridian Parlcs and Recreation Summer Activity Guide in the
advertisement for the upcoming season, Over 25,000 copies are distributed
through direct mail and the West Edition of the Idaho Statesman and the guide is
promoted heavily online throughout the summer.
*Available only if sponsorship is confirmed by March 31St
~ Your logo at the top of the CableO~lE Movie Night in Meridian flyers that are
distributed throughout the season.
MOVIE NIGHT PRESENTING SPONSORSHIP AGREEA~IENT PAGE 6 of 7
Exhibit B
PAYMENT SC~IEI)IJ~IE
A. Fees for the above listed sponsorships will be paid to the City in advance of the
events according to the following schedule.
DESCRIPTION AMOUNT
Payment due by S:OOpm, May 31st. $666.66
Payment due by 5:OOpm, July 1st. ~ $666.67
Payment due by S:OOpm, August 1st $666.67
MOVIE NIGHT PRESENTING SPONSORSHIP AGREEMENT PAGE 7 of 7
® rch 013
~ r r ~
I ®~T~: (E~MST~ ®~ro) AG ~,c®(~,PPUC~~-r ~ ~,o~~s ~ ~~~T~~LS
ME IDIt~N TEEN MOVIE NIGHT
2013 ESENTIN S CIN54)SI~[I AG E NT
This MERIDIAN TEEN MOVIE NIGHT 2013 PRESENTING SPONSORSHIP
AGREEMENT ("Agreement") is made on this day of 2013 ("Effective Date"), by
and between the City of Meridian, a municipal corporation organized under the laws of the state
of Idaho, whose address is 33 E. Broadway Avenue, Meridian, Idaho ("City"), and Idaho Meth
Project, whose address is P.O. Box 735, Boise, ID 83716 ("Sponsor"). For good and valuable
consideration and in consideration of the mutual promises and covenants herein contained, City
and Sponsor agree as follows:
1, resenting Sponsorship. Throughout the term of this Agreement, Sponsor shall be, and
shall be recognized as, a 2013 Presenting Sponsor of City's summer Meridian Teen Movie
Night event series. As such, benefits insuring to Sponsor throughout the term of this
Agreement shall include those enumerated for presenting sponsors in the Meridian Teen
Movie Night 2013 Sponsorship Packet, attached hereto as Exhibit A.
2. P'ayrr~ent. By 5:00 p.m. on April 30`h, 2013, Sponsor shall prepay to City seven hundred and
fifty dollars ($750.00). In the event the Sponsor fails to pay this amount in full in a timely
manner as provided herein, City may terminate this Agreement in the manner therefor as set
forth herein. In the event that the Meridian Teen Movie Night program is discontinued, or
one of the showings is cancelled or shortened before Sponsor's promotional video is shown,
no portion of the amount prepaid shall be refundable, though City shall issue a raincheck to
Sponsor in the amount of two hundred and fifty dollars ($250.00) for each cancelled show for
redemption as a sponsor in the following season. City shall make all decisions regarding
scheduling. In .the event that the Meridian Teen Movie Night program is discontinued, or the
showing is cancelled or shortened after Sponsor's promotional video is shown, no portion of
the amount prepaid shall be refundable, and no raincheck shall issue.
3. Promotion.
a. City's efforts. With regard to Meridian Teen Movie Night, City shall undertake the
promotional and advertising efforts enumerated for presenting sponsors in the Meridian
Teen Movie Night 2013 Sponsorship Packet,. attached hereto as Exhibit A.
b. rornotional Item I,irnitations. The sale or distribution of .any food, drink, or other
promotional item vy Sponsor at Sponsor's booth, as allowed in the Meridian Teen Movie
Night 2013 Sponsorship Packet attached hereto as ExhibitA, shall not be permitted
without prior written permission from City. Such permission may be withheld or revoked
at any time and for any reason. City may also, at any time, require that Sponsor
discontinue the distribution of any promotional item that City deems to be negatively
impacting concessions sales or deems not to be appropriate.
MOVIE NIGHT PRESENTING SPONSORSHIP AGREEMENT PAGE 1 of 6
c. video production. City, in its sole discretion, may edit, reduce, cancel, or reject, at any
time, any audio, video, or written material submitted, used, or created by Sponsor. Any
pre-approval by City shall not be considered, a waiver of the right to revoke or edit any
such material during the term of this Agreement. Further, Sponsor warrants and
represents that, as to all content of the video pieces created or produced pursuant to this
Agreement, Sponsor shall, and hereby agrees to, indemnify, defend and hold harmless
City from all claims, suits, judgments, proceedings, losses, damages, costs, and expenses,
of any nature whatsoever, including attorneys' fees, for which the City may become
liable by reason of City's displaying of Sponsor's audio or video copy, artwork, or other
content, including but not limited to claims for libel, violation of privacy, plagiarism, or
copyright violations.
4. 'perm. The term of this agreement shall be from the Effective Date through September 1,
2013, unless earlier terminated by either party by the method established herein.
~. Cancellation; scheduling. The parties acknowledge that the 2013 Meridian Teen Movie
Night event series schedule shall include three (3) monthly movie showings during June,
July, and August, but cancellation of any or all movie showings may be necessary due to
weather or other conditions or circumstances. City shall have sole responsibility and
discretion in scheduling and/or cancelling Meridian Teen Movie Night and all movies and
activities related thereto, including any and all related activities by Sponsor. The parties
hereto expressly acknowledge that Settlers Park is a public space, the management and
scheduling of which shall at all times be within the sole purview of City. Any right or
privilege granted to Sponsor by this Agreement shall include neither the right to exclude any
law-abiding person from Meridian Teen Movie Night, nor the right to interfere with any
person's concurrent, lawful use of Settlers Park where such concurrent use does not conflict
or interfere with Sponsor's use.
6. Insurance Sponsor's responsibility. City shall not provide insurance to cover loss, theft, or
damage of any equipment, materials, or personnel used or employed by Sponsor in the
furtherance of this Agreement, or to cover any activity undertaken by Sponsor in the exercise
of the rights or the furtherance of the obligations described herein. Any and all insurance of
each party's respective property and personnel shall be the sole responsibility of that party.
Sponsor shall obtain all necessary insurance as maybe required in order to protect Sponsor's
insurable interests for Sponsor's rights and obligations described within this Agreement,
including, but not limited to, liability insurance, automobile insurance, worker's
compensation insurance, and/or property insurance.
7. LTse of City's naane~ logo. City hereby conveys to Sponsor permission to use City's name
for purposes of advertising, marketing, and public information, without violation of City's
rights of privacy or any other rights City may possess under this Agreement, provided that
Sponsor shall not use City's logo for any purpose without the express, written permission of
the Mayor's Executive Assistant.
MOVIE NIGHT PRESENTING SPONSOR5HIP AGREEMENT PAGE 2 of 6
~. Termination.
a. Termination for cause. If either Party determines that the other has failed to comply -
with any term or condition of this Agreement, violated any of the covenants, agreements,
and/or stipulations of this Agreement, engaged in any act of misconduct in the
performance of this Agreement; or if either Party willfully or negligently defaults in, or
fails to fulfill, its material obligations under this Agreement, the other Party shall have the
right to terminate the Agreement by giving written notice to the defaulting party of its
intent to terminate, and shall specify the grounds for termination. The defaulting party
shall have two (2) days after such notice is sent to cuxe the default. If the default is not
cured within such period, this Agreement shall be terminated upon written notice of such
termination by the terminating party.
b. No compensation upon termination. In the event of termination, neither Party shall be
entitled to compensation or damages for any equipment or materials provided pursuant to
this Agreement or obligations incurred in furtherance of the rights conveyed by this
Agreement.
9. Photography and recording. City shall be authorized to photograph, record, video tape,
reproduce, transmit, or disseminate, in or from Meridian Teen IVlovie Night, all related
activities for educational and public information purposes. City shall not be responsible for
the actions of persons who are not under its employment or control.
10. Relationship of Parties. It is the express intention of Parties that Sponsor is an independent
contractor and not an employee, agent, joint venturer, or partner of City. Nothing in this
Agreement shall be interpreted or construed as creating or establishing the relationship of
employer and employee between Sponsor and City or between Sponsor and any .official,
agent, or employee of City. Both parties acknowledge that Sponsor is not an employee of
City. Sponsor shall retain the right to perform services for others during the term of this
Agreement. Sponsor shall have no authority or responsibility to exercise any rights or power
vested in City. The selection and designation of the personnel of City in the performance of
this agreement shall be made by City.
11. Indemnification. Sponsor specifically indemnifies City and holds City harmless from any
loss, liability, claim, judgment, or action for damages or injury to Sponsor, to Sponsor's
personal property or equipment, and to Sponsor's employees, agents, or volunteers arising
out of orxesulting from the condition of City's real or personal property or any lack of
maintenance or repair thereon, and not caused by or arising out of the tortious conduct of
City or its employees. Sponsor further agrees to indemnify and hold City harmless from any
loss, liability, claim or action from damages or-injuries to persons or property in any way
arising out of or resulting from the use of City's real or personal property by Sponsor or by
Sponsor's employees, agents, volunteers, or invitees and not caused by or arising out of the
tortious conduct of City or its employees or volunteers.
MOVIE NIGHT PRESENTING SPONSORSHIP AGREEMENT PAGE 3 of 6
12. VVaivero Sponsor shall, and hereby does, waive any and all claims and recourse against City,
including the right of contribution for loss and damage to persons or property arising from,
growing out of, or in any way connected with or incident to Sponsor's performance of this
Agreement, whether such loss or damage maybe attributable to known or unknown
conditions, except for liability arising out of the tortious conduct of City or its officers,
agents or employees.
13. Taxes. Sponsor shall be solely responsible for the payment of taxes owed for any income
realized as the result of activities undertaken pursuant or related to this Agreement.
14. Tune ®f the essences Sponsor acknowledges that services provided under this Agreement
shall be performed in a timely manner. The Parties acknowledge and agree that time is
strictly of the essence with respect to this Agreement, and that the failure to timely perform
any of the obligations hereunder shall constitute a breach of, and a default under, this
Agreement by the party so failing to perform.
15. C®pliace with law. Throughout the course of this Agreement, Sponsor shall comply with
any and all applicable federal, state, and local laws.
16. N®n®discriininati®n. Throughout the course of this Agreement, Sponsor shall not
discriminate against any person as to race, creed, religion, sex, age, national origin, sexual
orientation or any physical, mental, or sensory handicap.
17. Entire Agreexnente This Agreement constitutes the entire understanding between the
Parties. This Agreement supersedes any and all statements, promises, or inducements made
by either party, or agents of either party, whether oral or written, whether previous to the
execution hereof or contemporaneous herewith. The terms of this Agreement may not be
enlarged, modified or altered except upon written agreement signed by both parties hereto.
18. C®sts and att®rneys' fees. If either party brings any action or proceedings to enforce, protect
or establish any right or remedy under the terms and conditions of this Agreement, the
prevailing party shall be entitled to recover reasonable costs and attorneys' fees, as
determined by a court of competent jurisdiction, in addition to any other relief awarded.
19..Agreernent g®verned y Idah® law. The laws of the State of Idaho shall govern the validity,
interpretation, performance and enforcement of this Agreement. Venue shall be in the courts
of Ada County, Idaho.
20. Cumulative rights and remedies. All rights and remedies herein enumerated shall be
cumulative and none shall exclude any other right or remedy allowed bylaw. Likewise, the
exercise of any remedy provided for herein or allowed by law shall not be ~to the exclusion of
any other remedy.
21. Severaility. If any provision of this Agreement is found by a court of competent
jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not
be affected.
MOVIE NIGHT PRESENTING SPONSORSHIP AGREEMENT PAGE 4 of 6
22. ~1o assign cnt. Sponsor shall not assign, sublet, subcontract, or transfer its rights or
responsibilities hereunder without the express written consent of City. Should Sponsor cease
to exist in its current form, this Agreement and alI rights granted to Sponsor hereunder shall
be void.
23. once. Any and all. notice required to be provided by either of the Parties hereto, unless
otherwise stated in this Agreement, shall be in writing and shall be deemed communicated
upon sending an e-mail message, addressed as follows:
-- Sponsor: C. ity:
Sophie Dresser Colin Ivloss
sophie @idahomethproject.org cmoss @ meridiancity.org
Either party may change its e-mail address for the purpose of this paragraph by giving
written notice of such change in the manner herein provided.
24. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of
hereof as if the exhibits were set forth in their entirety herein.
25. ar°ranty ®f authority. The undersigned expressly warrants that, to the extent set forth
herein, he is duly authorized to act as the representative and agent of Sponsor. The
undersigned further warrants that he is authorized to bind Sponsor to the obligations set forth
herein, and to accept the liabilities as established herein on behalf of Sponsor.
SP NS
Autl 'zed Representative Signature
~i -'u1 I~t~+al~wi.~
Please Print Name
C T F E AN:
~XeU~lfi'v~ `~irP~-f~
Title
Date
ATTE~Ta
olman, City Clerk
PAGE S of 6
Exhibit A
MEI2II~IAN TEEN IVI®~TIE NIGI-IT 20I3 SP®NSOI~S~IIP PACKET
Presenting Sponsor
r u ilk r civ:
Recognition as the 2013 series presenting sponsor in all promotional efforts such
as TV, newspaper, radio, e-mails, Internet, and flyers. The 2013 season will
include up fio three (3) shows on June 15th, July 13th and August 10tH
The opportunity to set up a booth at each show during your season.
The opportunity to insert one (1) thirty {30) second advertisement into the pre-
movie video at each show during your season.
Your logo displayed and your business or organization's name spoken in the
"Sponsored by" portion of the welcoming video at every show.
The opportunity to hang one (1) banner on the movie screen and up to two (2)
banners no wider than eight (3) feet each around the seating area at each show.
Banners around seating area must befree-standing. There will be no fences,
trees, buildings, etc around the seating area to hang your banner on.
Your logo (inked to your website on the City of Meridian website above the movie
schedule the Meridian Teen Movie Night page.
Your logo and a linl<toyourwebsite on every Meridian Teen Movie Night event
listing on the Meridian Parl<s and Recreation page on Facebool<.
Your logo in the Meridian Parl<s and Recreation Summer Activity Guide in the
advertisement for the 2013 Meridian Teen Movie Night season. Over 25,000
copies are distributed through direct mail and the West Edition of the Idaho
Statesman and the guide is promoted heavily online throughout the summer.
`Available only if sponsorship is confirmed by March 31St:
Your logo at the top of the Meridian Teen Movie Night flyers that are distributed
throughout the season.
MOVIE NIGHT PRESENTING SPONSORSHIP AGREEMENT PAGE 6 Of 6
® %
1 1 1
I DATE: I E-~STA D TO) ACENC® I APPLICANT I NOTES ( INITIALS
ME III N TEEN MOVIE NG~IT
2013 ES~NT C9NS S P EEMEld1T
This MERIDIAN 'TEEN MOVIE NIGHT 2013 PRESEN ING SPONSORSHIP
AGREEMENT ("Agreement"} is made on this da of ~. 2013 "Effective Date" b
y ( ), y
and between the City of Meridian, a municipal corporation organized under the laws of the state
of Idaho, whose address is 33 E. Broadway Avenue, Meridian, Idaho ("City"), and YOGURTZ,
whose address is 1561 N. Locust Grove, Meridian, ID X3642 ("Sponsor"). For good and
valuable consideration and in consideration of the mutual promises and covenants herein
contained, City and Sponsor agree as follows:
1. eventing Sponsorship. Throughout the term of this Agreement, Sponsor shall be, and
shall be recognized as, a 2013 Presenting Sponsor of City's summer Meridian Teen Movie
Night event series. As such, benefits insuring to Sponsor throughout the term of this
Agreement sha11 include those enumerated for presenting sponsors in the Meridian Teen
Movie Night 2013 Sponsorship Packet, attached hereto as Exhibit A.
2. ~~y~e~~. Sponsor shall prepay to City as provided in Exhibit B "Payment Schedule"
attached hereto. In the event the Sponsor fails to pay this amount in full in a timely manner
as provided herein, City may terminate this Agreement in the manner therefor as set forth
herein. In the event that the Meridian Teen Movie Night program is discontinued, or one of
the showings is cancelled or shortened before Sponsor's promotional video is shown, no
portion of the amount prepaid shall. be refundable, though City shall issue a raincheck to
Sponsor in the amount of two hundred and fifty dollars ($250.00} for each cancelled show for
redemption as a sponsor in the following season. City sha11 mare all decisions regarding
scheduling. In the event that the Meridian Teen Movie Night program is discontinued, or the
showing is cancelled or shortened after Sponsor's promotional video is shown, no portion of
the amount prepaid shall be refundable, and no raincheck sha11 issue.
3. ro onion.
nq Cityss eI'for~s. With regard to Meridian Teen Movie Night, City shall undertake the
promotional and advertising efforts enumerated for presenting sponsors in the Meridian
Teen Movie Night 2013 Sponsorship Packet, attached hereto as Exhibit A.
b. rornotion~l Ite I~irnitions. The sale or distribution of any food, drink, or other
promotional item by Sponsor at Sponsor's booth, as allowed in the Meridian Teen Movie
Night 2013 Sponsorship Packet attached hereto as Exh.ibitA, shall not be permitted
without prior written permission from City. Such permission may be withheld or revoked
at any time and for any reason. City may also, at any time, require that Sponsor
discontinue the distribution of any promotional Item that City deems to be negatively
impacting concessions sales or deems not to be appropriate.
MOVIE NIGHT PRESENTING SPbNSOT2SHIP AGREEMENT PAGE 1 Of 7
c. ~i~e® pr®ducti®nn City, in its sole discretion, may edit, reduce, cancel, or reject, at any
time, any audio, video, or written material submitted, used, or created by Sponsor. Any
pre-approval by City shall not be considered a waiver of the right to revoke or edit any
such material during the term of this Agreement. Further, Sponsor warrants and
represents that, as to all content of the video pieces created or produced pursuant to this
Agreement, Sponsor shall, and hereby agrees to, indemnify, defend and hold harmless
City from all claims, suits, judgments, proceedings, losses, damages, costs, and expenses,
of any nature whatsoever, including attorneys' fees, for which the City may become
liable by reason of City's displaying of Sponsor's audio or video copy, artworl~, or other
content, including but not limited to claims fox libel, violation of privacy, plagiarism, or
copyright violations.
4. Tee°~no The term of this agreement shall be from the Effective Date through September 1,
2013, unless earlier terminated lay either party by the method established herein.
~. Can~eflflati®n; sch~duflinga The parties acknowledge that the 2013 Meridian Teen Movie
Night event series schedule shall include three (3} monthly movie showings during June,
July, and August, but cancellation of any or all movie showings maybe necessary due to
weather or other conditions or circumstances. City shall have sole responsibility and
discretion in scheduling and/or. cancelling Meridian Teen Movie Night and all movies and
activities related thereto, including any and all related activities by Sponsor. The parties
hereto expressly acl~nowledge that Settlers Park is a public space, the management and
scheduling of which shall at all times be within the sole purview of City. Any right or
privilege granted to Sponsor by this Agreement shall include neither the right to exclude any
law-abiding person from Meridian Teen Movie Night, nor the right to interfere with any
persol~I's concurrent, lawful use of Settlers Park where such concui~ent use does not conflict
or interfere with Sponsor's use.
~o Insnrance Sp®nsor's rasp®nsibiflity° City shall not provide insurance to cover loss, theft, or
damage of any egt~ipment, materials, or personnel used or employed by Sponsor in the
filrtl~.erance of this Agreement, or to cover any activity undertaken by Sponsor in the exercise
of the rights or the fiirtherance of the obligations described herein. Any and all insurance of
each party's respective property and personnel shall be the sole responsibility of that party.
Sponsor shall obtain all necessary insurance as maybe required in order to protect Sponsor's
insurable interests for Sponsor's rights and obligations described within this Agreement,
including, but not limited to, liability insurance, automobile insurance, worker's
compensation insurance, and/or property Insurance.
70 ~Jse ®f City's name, fl®g®. City hereby conveys to Sponsor permission to use City's name
for purposes of advertising, marl~eting, and public information, without violation of City's
rights of privacy or any other rights City may possess under this Agreement, provided that
Sponsor shall not use City's logo for any purpose without the express, written permission of
the Mayor's Executive Assistant.
MOVIE NIGHT PRESENTING SPONSORSHIP AGREEMENT PAGE 2 of 7
~. 'I'exminati®n.
a. Termination f®r cause. If either Party determines that the other has failed to comply
with any term or condition of this Agreement, violated any of the covenants, agreements,
and/or stipulations of this Agreement, engaged in any act of misconduct in the
performance of this Agreement; or if either Party willfully or negligently defaults in, or
fails to fu1fi11, its mateX~ia1 obligations undex this Agreement, the other Party shall have the
right to terminate the Agreement by giving written notice to the defaulting party of its
intent to terminate, and shall specify the grounds for termination. The defaulting party
shall have two (2) days after such notice is sent to cure the default. If the default is not
cured within such period, this Agreement sha11 be terminated upon written notice of such
termination by the terminating party.
b. l~t® ~®n~pensati®n np®n te~°~ninati®z~. In the event of termination, neither Party shall be
entitled to compensation or damages for any equipment or materials provided pursuant to
this Agreement or obligations incurred in filrtllerance of the.rights conveyed by this
Agreement.
9. ~h®~®g~°aphy and. rec®rurng. City sha11 be authorized to photograph, record, video tape,
reproduce, transmit, or disseminate, in or from Meridian Teen Movie Night, all related
activities for educational and public information purposes. City shall not be responsible for
the actions of persons who are not under its employment or control.
1Q. ]Etelati~nship ®f Parties. It is the express intention of Parties that Sponsor is an independent
contractor and not an employee, agent, joint venturer, or partner of City. Nothing in this
Agreement shall be interpreted or construed as creating or establishing the relationship of
employer and employee between Sponsor and City or between Sponsor and any official,
agent, or employee of City. Both parties acknowledge that Sponsor is not an employee of
City. Sponsor shall retails the right to perform services for others during the term of this
Agreement. Sponsor shall have no aL~thority or responsibility to exercise any rights or power
vested in City. The selection and designation of the personnel of City in the performance of
this agreement shall be made by City.
11. Ind.eYnnitflcati®n. Sponsor specifically indemnifies City and holds City harmless from any
loss, liability, claim, judgment, or action for damages or injury to Sponsor, to Sponsor's
personal property or equipment, and to Sponsor's employees, agents, or volunteers arising
otrt of or resulting from the condition of City's real or personal property or any lack of
maintenance or repair thereon, and not caused by or arising out of the tortious conduct of
City or its employees. Sponsor further agrees to indemnify and hold City harmless from any
Loss, liability, claim or action from damages or injuries to persons or property in any way
arising out of or resulting from the t~se of City's real or personal property by Sponsor or by
Sponsor's employees, agents, volunteers, or invitees and not caused by or arising out of the
tortious conduct of City or its employees or volunteers.
MOVIE NIGHT PRESENTING SPONSORSHIP AGREEMENT PAGE 3 of 7
12. i~aiver. Sponsox shall, and hereby does, waive any and all claims and recourse against City,
including the right of contribution for loss and damage to persons or property arising fxom,
growing out of, or in any way connected with or incident to Sponsor's performance of this
Agreement, whether such loss or damage maybe attributable to known or unknown
conditions, except for liability arising out of the tortious conduct of City or its officers,
agents or employees.
13. Taxeso Sponsor shall be solely responsible for the payment of taxes owed for any income
realized as the result of activities undertaken pursuant or related to this Agreement.
14. Tirr~e of the essences Sponsor acknowledges that services provided under this Agreement
sha11 be performed in a timely manner. The Parties acknowledge and agree that time is
strictly of the essence with respect to this Agreement, and that the failure to timely perform
any of the obligations hereunder shall constitute a breach of, and a default under, this
Agreement by the party so failing to perform.
15. Compliance with iav~o Throughout the course of this Agreement, Sponsor shall comply with
any and all applicable federal; state, and local laws.
16. I~on~discriminaiion. Throughout the course of this Agreement, Sponsor shall not
discriminate against any person as to race, creed, religion, sex, age, national origin, sexual
orientation or any physical, mental, or sensory handicap.
17. Entire Agreetnen~o This Agreement constitutes the entire understanding between the
Parties. This Agreement supersedes any and all statements, promises, or inducements made
by either party, or agents of either party, whether oral or written, whether previous to the
execution hereof or contemporaneous herewith. The terms of this Agreement may not be
enlarged, modified or altered except upon written agreement signed by both parties hereto.
18. Costs and actor Heys" fees. If either party brings any action or proceedings to enforce, protect
or establish any right or remedy under the terms and conditions of this Agreement, the
prevailing party shall be entitled to recover reasonable costs and attorneys' fees, as
determined by a court of competent jurisdiction, in addition to any other relief awarded.
19..Agree~nent governed ~y It~aho lave. The laws of the State of Idaho sha11 govern the validity,
interpretation, performance and enforcement of this Agreement. Venue sha11 be in the courts
of Ada County, Idaho.
2p. Caarnt~lative rights and. remedies. A11 rights and remedies herein enumerated shall be
cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the
exercise of any remedy provided for herein or allowed bylaw sha11 not be to the exclusion of
any other remedy.
21. Severa~ilitym ~ If any provision of this Agreement is found by a court of competent
jurisdiction fio be illegal, invalid, or unenforceable, the remainder of this Agreement shall not
be affected.
MOVIE NIGHT PRESENTING SPONSORSHIP AGREEMENT PAGE ~ Of 7
22.11® ~ssi~nrnent. Sponsor shall not assign, sublet, subcontract, or transfer its rights or
responsibilities hereunder without the express written consent of City. Should Sponsor cease
to exist in its current form, this Agreement and all rights granted to Sponsor hereunder shall
be void.
23. I~Totice. Any and all notice required to be provided by either of the Parties hereto, unless
otherwise stated in this Agreement, shall be in writing and shall be deemed. communicated
upon sending an e-mail message, addressed as follows:
Sponsor:
Dan Scott
dscott @myyogurtz.com
C1tV
Colin Mass
cmass C meridiancity.arg
Either party may change its e-mail address for the purpose of this paragraph by giving
written notice of such change in the manner herein provided.
24. Tilxibits. A11 exhibits to this Agreement are incorporated by reference and made a part of
hereof as if the exhibits were set forth in their entirety herein.
25. 'VV~Irr~lr~ty o Math®rity. The undersigned expressly warrants that, to the extent set forth
herein, he is duly authorized to act as the representative and agent of Sponsor. The
undersigned further warrants that he is authorized to bind Sponsor to the obligations set forth
herein, and to accept the liabilities as established herein oIl behalf of Sponsor.
SP~IITS~IZ:
.~
P
Authorized epresentative Signature
'~ i'~
~~ L' ~ L~_ 4
~~I
Title
Please Print Name
CITY F 1VITi; I~IANo
T-Y--
~T ~! ~.. ~ ~~ . ~~
l : ~
Tammy die eerd, Mayor
MOVIE NIGHT PRESENTING SPONSORSHIP AGREEMENT
Date
AT A ~To
~~p,~LD A Ut; USJ,
I ~'
~~cA~i~ r Aw e
,~~~~~=ID~AI`~~a
~r~AS~o
:.
`~~ ~~.A~. `"
Fj.~ 4~~
~~°~ r~~ rn~aSL~
Holman, City Clerk
PACE 5 of 7
Exhibit A
MERIDIAN TEEN IVIO'~TIE NIGHT x.013 SP®NS®R~HIP PACKET
Presenting Sponsor
~®rr 7~ you w~l~ rec~~~eo
~ Recognition as the 2013 series presenting sponsor in all promotional efforts such
as TV, newspaper, radio, e-mails, Internet, and flyers. The 2013 season will
include up to three (3} shows on June 15th, July 13th and August 10th.
The opportunity to set up a booth at each show during your season.
The opportunity to .insert one (1j thirty (30) second advertisement into the pre-
movie video at each show during your season.
® Your logo displayed and your business or organization's name spoken in the
"Sponsored by" portion of the welcoming video at every show,
~ The opportunity to hang one (1} banner on the movie screen and up to two (2}
banners no wider than eight (B) feet each around the seating area at each show.
Banners around seating area must befree-standing. There will be no fences,
trees, buildings, etc around the seating area to hang your banner on,
® Your logo linked to your website on the City of Meridian website above the rriovie
schedule the Meridian Teen Movie Blight page,
Your logo and a link to your website on every Meridian Teen Movie Night event
listing on the Meridian Parks and Recreation page on Facebool<.
~ Your logo in the Meridian Parlcs and Recreation Summer Activity Guide in the
advertisement for the 2013 Meridian Teen Movie Night season. Over 25,000
copies are distributed through direct mail and the West Edition of the Idaho
Statesman and the guide is promoted heavily online throughout the summer.
'Available only if sponsorship is confirmed by March 31St
Your logo at the top of the Meridian Teen Movie Night flyers that are distributed
throughout the season.
MOVIE NIGHT PRESENTING SPONSORSHIP AGREEMENT PACE 6 of 7
EXI11~D1t ~
P~.YMEN'P SC~EDJJIIE
A. Fees for the above listed sponsorships will be paid to the City in advance of the
events according to the following schedule.
DESCRIPTION AMOUNT
Payment due vy S:OOpm, May 31 ~t. $250.00
Payment due by S:OOpm, July 14t. $250.00
Payment due by 5:OOpm, August 1yt $250.00
MOVIE NIGHT PRESENTING SPONSORSHIP AGREEMENT PAGE 7 of 7
® rch 013
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I DATE: (E-~STA D TOI AGENC® I APPLICANT I NOTES I INITIALS
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I DATE: (E®~STAFF T'®I AG NC® I APPLICANT' I NOTES I INITIALS
DATE: I E_MSTAFF TO I AG NCOY I APPLICANT ( NOTES ( INITIALS
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I DATE. I Eo~STAFF T®I AGENC® I APPLICANT I NOTES I INITIALS I
DATE: ( E°~STA D TO) AGENC® ( APPLICANT ( NOTES I INITIALS
DATE: IEm~STAFF T®I AG NCY ( APPLICANT I NOTES ( INITIALS 1
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®ATE' IE®~ST~4FF T®) ,4G NCY I APPL Cp+NT ( NOTES I INITIALS I
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DATE: IE-~STA D T®I AGENC® ( APPLICANT ( NOTES I INITIALS I
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I ®ATE: I E®~STAFF T®I AGENC® I APPLICANT I NOTES ( INITIALS I
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I Di4TE: IEv~ST~4FF T®I ~4GENCY ( APPLIC NT I NOTES ( INITIP-LS
I DATE: IEO~STA ®T®I AGENCY I APPLICANT I NOTES ( INITIALS I
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I DATE: I E_~STAFF T®I ACENC® I APPLICANT I ~®1'ES ( INIl'IALS
CITY OF MERIDIAN
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN pursuant to the ordinances of the City of Meridian and the
laws of the State of Idaho, including Idaho Code section 39-4116(4)(b), that the City Council of
the City of Meridian will hold a public hearing at 7:00 p.m. on March 26, 2013, at Meridian City
Hall, 33 East Broadway Avenue, Meridian, Idaho, regarding AN ORDINANCE AMENDING
MERIDIAN CITY CODE SECTION 10-1-3, AND 10-5-2 ADDING LOCAL
AMENDMENTS TO THE INTERNATIONAL BUILDING CODE, INTERNATIONAL
MECIIANICAL CODE AND INTERNATIONAL RESIDENTIAL CODE PROHIBITING
NATURAL DRAFT SYSTEMS IN OCCUPIABLE SPACES IN ALL RESIDENTIAL
OCCUPANCIES; QI G CARBON MONOXIDE ALARMS IN NEW AND
EXISTING DWELLINGS; ESTABLISHING REQUIREMENTS FOR CARBON
MONOXIDE ALA S; AND PROVIDING AN EFFECTIVE DATE. Further information
and copies of the draft ordinances are available at the Building Services Division of the
Community Development Department, at Meridian City Hall, 33 East Broadway Avenue,
Meridian, Idaho, (208) 887-2211. Any and all interested persons shall be heard at the public
hearing. Written testimony is allowed; written materials should be submitted to the City Clerk
no later than 48 hours prior to the public hearing. All testimony and materials presented shall
become property of the City of Meridian. For auditory, visual, or language accommodations,
please contact the City Clerk's Office at (208) 888-4433 at least 48 hours prior to the public
hearing.
DATED this 15th day of February, 2013.
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JAYCEE ~ OLMAN, CITY CLEF °~
City of 1~,,
~' E IDLAN~- ~ `~
PUBLISH on February 19, 2013. ,,~.s a®~~~ '' ~'
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DATE: I E-MSTAFD TO I AGENCY I APPLICANT I NOTES INITIALS
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( ®ATE: I E~~STA D TOI AGENC® I APPLICANT I NOTES ( INITIALS (
CITY OF ME DIAN ORDINANCE NO.
BY T E CITY COUNCIL: BI , AGLUN, ROUNTREE, ZA MBA
W E AS, the City Council of the City of Meridian has instituted a procedure by which outdoor
sales and temporary uses occurring in the City of Meridian are required to meet minimum standards for
the purpose of protecting the health, safety, and welfare of Meridian residents and other participants in
such outdoor sales and temporary uses;
WH AS, the permitting procedure and standards have been found to encourage outdoor sales
and temporary uses that complement permanent City of Meridian businesses; that are safe, attractive, and
desirable; that add variety to the shopping and/or dining opportunities available in Meridian; and that
support and facilitate community events .and. celebrations;
WHEREAS, the changes to the Outdoor Sales and Temporary Uses ordinance set forth herein are
intended to improve and refine the processes. and standards established therein, specifically, to address
large-scale special events;
NOW, TIIEREFORI+,., BE IT ~ AINED ICY TI3 MAY®R AND CITY COUNCIL OF
THE CITY OF MERIDIAN, ADA COUNTY, II)A~IO:
Section 1. ~hh~at Meridian City Code section 3-4-1is hereby amended to read as follows:
SPECIAL EVENT:
A. A planned or foreseeable commercial, recreational, or expressive activity or gathering of persons
which:
1. Changes, attempts to change, or has a tendency to change the typical use of publicly accessible
land or facilities, or the normal flow or regulation of pedestrian or vehicular traffic upon or in the
streets, sidewalks, or other publicly accessible areas; and
2. Takes place, whether entirely or partially:
a. On a street or sidewalk located within the city and will likely result in some or total
obstruction of such streets or sidewalks; or
b. On any other property, whether public or private, but requires for its successful
execution the provision and coordination of city services to a degree over and above that
which the city normally provides; or
c. On or in any area open to the public.
B. Special events may include, but shall not be limited to:
1. Parade, procession, organized movement, or motorcade, consisting of persons, vehicles, or a
combination thereof;
2. Public assembly, demonstration, march, meeting, parade, protest, rally, or vigil which involves
the expression of opinions or grievances of persons for a common purpose;
LARGE-SCALE SPECIAL EVENTS CODE UPDATE PAGE 1 OF 6
3. Performance, presentation, ceremony, concert, or exhibit;
4. Athletic competition, race, or contest involving sports, games, or exercises; or
5. Community or neighborhood celebration, gathering, or block party.
C. S~aecial events shall be classified as a "Lame-Scale Special Event" where it is anticipated that five
thousand X5,000) or more persons will attend the event, or where three or more of the following factors
~~
1. It is anticipated that two thousand (2,000 or more persons will attend the event;
2. Extra-duty police officers are required to staff the event in order to adequately protect public
safety, as determined in the discretion of the Chief of Police or his designee;
3. Alcoholic beverages will be served or sold at the event; and/or
4. Structural or electrical permits are required.
D.--~ The definition of special event shall not include:
1. An activity held solely on private property not accessible by the general public and which
neither requires the provision and coordination of city services to a degree over and above that
which the city routinely provides nor compromises the ability of the city to respond to a public
safety emergency;
2. An activity, including first amendment activity, occurring on streets or sidewalks within the city
or in or on city property, where such activity neither results in the obstruction of streets or
sidewalks, nor requires the provision and coordination of city services to a degree over and above
that which the city routinely provides, nor compromises the ability of the city to respond to a
public safety emergency;
3. Funeral processions; or
4. Programmed activities provided or managed bythe city.
Section 2. That Meridian City Cede section, 3-4-3(A)(6)(d) is hereby amended to read as follows:
d. The city clerk shall deny an application for a temporary use permit where:
(1) The application is incomplete or required application materials or fees have not
beentimely submitted;
(2) Investigation of such application or application materials reveals that provided
information is invalid, false, or incomplete;
(3) The proposed temporary use will not be conducted in accordance with all
applicable provisions of law, including, but not limited to, this section;
(~) A violation of the Meridian unified development code or of this section is
occurr~lg upon the property upon which such proposed temporary use is proposed
to occur; eI'
(5) The applicant has been convicted of a violation of any provision of this section
within the five (5) years preceding the date of submission of the application.-z
~6 The applicant has an outstanding balance due and owing to the City of
Meridian; or
~7) The applicant has violated a provision of a prior Special Event Agreement duly
executed between the applicant and City within the five (S~years preceding the
date of submission of the application.
Section 3. That Meridian City Code section 3-4-3(C)(6) is hereby amended to read as follows:
LARGE-SCALE SPECIAL EVENTS CODE UPDATE PAGE 2 OF 6
6. The following general standards shall aunly to all Special Events: additionally. the following stiecific
standards shall also apply to Large-Scale Special Events.
a. General standards For All Special Events:
(1) ~A complete application for a temporary use permit for a special event shall be
submitted to the city clerk at least thirty (30) days prior to the first day of the proposed
special event.-zprovided that an application for a Temporary Use Permit for a Lar eg Scale
Special Event shall be submitted at least sixty (60) calendar days prior to the first da~f
the proposed Large-Scale Special Event.
(2) h-It shall be unlawful for an organizer of a special event, or any person, to conduct,
allow, organize, ~~ee, p$t~ or cause to be ~a~T°,.*;~°,a ^,, ~,,,^„-,^*°a conducted or
or ag nized a special event without the following:
~-(~-A city of Meridian temporary use. permit.
--(~-A city of Meridian citizen's use pelnlit, where applicable.
~-(~-Any and all applicable licenses, permits, inspections, and/or certifications
from the Central district health department.
-(-4~-Any and all applicable licenses, permits, inspections, and/or certifications
from the Idaho tax commission.
~E,~~-Any and all licenses, permits, inspections, and/or certifications required by
this title, including, but not limited to: server training certification, and private
security services licenses.
~F~{~-Any and all licenses, permits,irlspections, and/or certifications required by
title 10 of this code.
~-(-Any and all licenses, permits, inspections, and/or certifications required by
title 13 of this code andlor the policies of theMeridian parks and recreation
department..
-{-~-}-Written consent of the owner(s) of any and all propet~ty or properties on
which the special event is to occur.
~~-Proof of ~n insurance policy, issued by an insurance company licensed to do
business in Idaho, protecting the applicant and/or any employees and/or agents
thereof from all claims for damages to property and bodily injury, including death,
which may arise. from operations under or in connection with the special event.
Such insurance shall name the city as additional insured, and shall provide that the
policy shall not terminate or be canceled prior to the expiration date without thirty
(30) days' advance written notice to the city. Such insurance shall afford minimum
limits of five hundred thousand dollars ($500,000.00) per person bodily injury, five
hundred thousand dollars ($500,000.00) per occurrence bodily injury, and five
hundred. thousand dollars ($500,000.00) per occurrence property damage., provided
that the minimum limits for Large-Scale Special Events shall be as set forth below.
-{-~)No provision of this subsection shall preclude the application of any and all other
licensing and/or other applicable provisions of local, state, or federal law to any special
event organizer, nor exempt any vendor or participant in a special event from compliance
with any and all other licensing or other applicable provisions of local, state, or federal
law, except that where a special event includes vendors or participants that would
otherwise require city of Meridian licenses or permits to operate as mobile sales units or
temporary sales units, such vendors and/or participants shall be exempt from such
requirement, provided that this exemption shall apply only to vendors and/or participants
represented on the site plan(s) or map(s) submitted by the organizer; and further provided
LARGE-SCALE SPECIAL EVENTS CODE UPDATE PAGE 3 OF 6
that such exemption shall apply only for the time, at the place, and in the manner specified
for such special event in a validly issued city of Meridian temporary use permit.
~4,~-(-}Special events shall be allowed for a period not to exceed fourteen (14) days within
any ninety (90) day period.
~5,~{~}It shall be unlawful for any person to conduct, allow, or organize a special event in a
residential district, except that:
(A) Neighborhood events or block parties shall be permitted in residential districts
without a temporary use permit, although a city of Meridian citizen's use permit
may be required.
(B) Special events involving a route, such as races, parades, or marches may be
permitted in residential districts, so long as such special events both start and end in
nonresidential districts.
~~The following provisions shall apply to any anct all temporary signs related to a
special event:
-{~-It shall be unlawful for any person to install, erect, post, or display or to
allow or cause the installation, erection, posting, or display of a temporary sign or
temporary signs where the quantity or dimensions thereof exceed the limitations set
forth in this subsection. No more .than two hundred (200) temporary signs with an
area not to exceed six (6) square feet shall be installed, erected, posted, or displayed
for the purpose of identifying, promoting, advertising, or directing patrons to a
special event. No more than twelve (] 2) temporary signs with an area not to exceed
thirty two (32) square feet shall be installed, .erected, posted, or displayed for the
purpose of identifying, promoting, advertising, or directing patrons to a special
event.
-{~}-It shall be unlawful for any person to install, erect, post, or display or to
allow or cause the .installation, erection, posting, or display of any temporary sign
identifying, promoting, adver=tising, or directing patrons to a special event upon any
property without the permission of the owner of such property.
~)-(Any and all temporary signs identifying, promoting, advertising, or directing
patrons to a special evetzt shall be removed within twenty four (24) hours of the
conclusiotl or close of such special event.
b. Additional specific standards For Large-Scale Special Events.
(1) At least fourteen (14) days prior to submission of an application for a Temporary Use
Permit for aLarge-Scale Special Event, the organizer of a Lame-Scale Special Event shall
request and attend. apse-application meeting with City staff to identify and address potential
hazards presented by such event to public health, safety, and convenience. Upon request by
the applicant, the City Clerk or designee shall schedule such meeting, which may include, as
necessary staff from the Police Department, Fire Department, Parks and Recreation
Department, City Attorney's Office, and/or other departments.
(2) A complete application for a temporary use permit for aLarge-Scale special event shall be
submitted to the city clerk at least sixty (60~ys prior to the first day of the proposed special
event.
(3) It shall be unlawful for an organizer of aLarge-Scale Special Event, or any person, to
conduct, allow, or organize, or cause to be a Large-Scale Special Event without the following
LARGE-SCALE SPECIAL EVENTS CODE UPDATE PAGE 4 OF 6
(a) Proof of an insurance policy, issued by an insurance company licensed to do business
in Idaho, protecting the applicant and/or any employees and/or agents thereof from all
claims for damages to property and bodily injury, including death, which may arise from
operations under or in connection with the special event. Such insurance shall name the
city as additional insured, and shall provide that the policy shall not terminate or be
canceled prior to the expiration date without thirty_(3 O~days' advance written notice to the
city. Such insurance shall afford minimum limits of one million dollars ($1,000,000 00~
per person bodily injury, one million dollars ($1,000,000 00) per occurrence bodily injury,
and one million dollars ($1,000,000.00) per occurrence property damage
(b) A mutually negotiated and agreed-upon Special Event Agreement with the City to
establish the terms and conditions of any services or property to be used, whether as
required by this chapter or at such organizer's elections. including estimated payment due
for all City services provided or necessary to support the event Notwithstanding the
execution of such contract, all provisions of this Chapter, including penalties for
noncompliance, shall apply, in addition to any remedies set forth in such contract
Section 4. That this ordinance shall be effective immediately upon its passage and publication.
PASSED by the City Council of the City of Meridian, Idaho, this day of March, 2013.
APPROVED by the Mayor of the City of Meridian, Idaho, this day of March, 2013.
APPROVED:
Tammy de Weerd, Mayor
ATTEST':
Jaycee Holman, City Clerk
LARGE-SCALE SPECIAL EVENTS CODE UPDATE PAGE 5 OF 6
NOTICE AND PUBLISHED SUMMARY
OF O .INANCE PURSUANT TO LC. § 50-901(A)
CITY F MERIDIAN INANCE O. 13-
The full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East
Broadway, Meridian, Idaho. This ordinance shall become effective upon its passage and publication.
City of Meridian
Mayor and City Council
By: Jaycee Holman, City Clerk
First Reading:
Adopted after first reading by suspension of the. Rule as allowed .pursuant to
Idaho Code § 50-902: YES NO
Second Reading:
Third Reading:
STATEMENT OF MERI I.~N CITY ATTORNEY AS TO
A EUACY ®F SUMMARY OF ORDINANCE NO. 13-
The undersigned, William L.M. Nary, Gity Attorney of theCity of Meridian, Idaho, hereby certifies that
he is the legal advisor of the City and has .reviewed a copy of the attached Ordinance no. 13- of
the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice
to the public pursuant to Idaho Code ~ 50-901A(3).
DATED this day of , 2013.
William. L.M. Nary, City Attorney
LARGE-SCALE SPECIAL EVENTS CODE UPDATE PAGE 6 OF 6
66 ~
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Tall~in~ p®ints -Special Everi~s'~odc updates
f~ ~
Kleiner Park has been online for almost one year and the City has hosted two large-scale
special events at that venue (Northwest Ribfest and Barley Brothers Traveling Beer Show).
Several departments were involved with facilitating those events: Clerk's Office, Parks &
Recreation, Police, Fire, Community Development, and Legal. Dairy Days has grown to be
a large-scale event, and it largely takes place in Storey Park.
City staff learned a lot from those experiences. We got a better handle on what is needed to
provide good customer service ~o event organizers, assist organizers in ensuring that the
events run smoothly, and make sure that they are safe for event attendees. We worked
closely with the organizers before; during, and after the events, and we now have a good idea
of what resources are needed ~o make these events successful for the organizers, the public,
and the City.
With these lessons learned, and Iri anticipation that Meridian's attraction as a great place for
special events, we have prepared a draft amendment to the City's special events code that
establishes some additional ~e'+~urements for "large-scale events." Specifically, the proposed
code updates will:
- Help organizers and staff i'~ edify "large-scale" special events;
- Require organizers of large=scale special events to apply for a temporary use permit 60
days in advance, rather than only 3 0 days in advance;
- Require organizers to meek with City staff to address issues affecting public health,
safety, or convenience;
- Require organizers to enter info a written agreement with the City where City services or
property are being used to ut on the event; and
- Require that large-scale event organizers obtain insurance with greater limits.
The major lesson we learned iii working with the organizers of these events was that City
staff needs more time to assess the public safety and staffing needs in order to prepare for
large-scale events. These events typically involve huge crowds, alcohol service, and high
temperatures; large volumes of traffic; logistics such as waste removal and traffic control;
making sure there are enough toilets, drinking water, and first aid stations; structural and
electrical permitting and inspection; and whatever else is needed to make sure the event is
safe, clean, and well managed: iii of this takes a lot of time, particularly the first time an
event is held. For these reasons, staff is proposing that the deadline for submission of a
permit for alarge-scale special event be moved to 60 days out, and that Council institute a
requirement that the organizer meet with staff at least 14 days prior to that to discuss how
these concerns will be addressed:
We have also learned that we deed to ensure we receive payment for those additional
services up front. We have been successful in negotiating agreements with organizers
establishing terms and conditions for special events that are held in City parks. This
proposed ordinance would foriralze this process and provide notice to organizers that a
written agreement will be required.
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DATE: I E"~STA D TOI AG NCY I APPLICANT I NOTES I INITIALS