HomeMy WebLinkAbout2015-07-28 II SAN CITY COUNCIL REGULAR
MEETING AGENDA
City Council Chambers
33 East Broadway Avenue
Meridian, Idaho
Tuesday, July 28, 2015 at 6:00 PM
1. Roll-Call Attendance
X David Zaremba X Joe Borton
X Charlie Rountree X Keith Bird
X Genesis Milam X Luke Cavener
X Mayor Tammy de Weerd
2. Pledge of Allegiance
3. Community Invocation by Jason Christensen with Meridian United Methodist
Church
4. Adoption of the Agenda Adopted (pg 1-2)
5. Consent Agenda Approved (pg 2-4)
A. Findings of Fact, Conclusions of Law: AZ 15-005 Stonesthrow Subdivision
by Steve Arnold Located Approximately 1/4 Mile South of E. Fairview
Avenue on the West Side of N. Mount Hood Avenue Request: Annexation
and Zoning of 10.26 Acres of Land with an R-40 Zoning District
B. Findings of Fact, Conclusions of Law: PP 15-006 Stonesthrow Subdivision
by Steve Arnold Located Approximately 1/4 Mile South of E. Fairview
Avenue on the West Side of N. Mount Hood Avenue Request: Preliminary
Plat Approval Consisting of Thirty-Five (35) Building Lots and Six (6)
Common Lots on 9.22 Acres of Land in the R-40 Zoning District
C. Findings of Fact, Conclusions of Law: CUP 15-009 Stonesthrow
Subdivision by Steve Arnold Located Approximately 1/4 Mile South of E.
Fairview Avenue on the West Side of N. Mount Hood Avenue Request:
Conditional Use Permit Approval for a Multi-Family Development in the R-
40 Zoning District Consisting of 140 Dwelling Units
D. FP 15-024 Ambercreek No. 3 by Trilogy, Idaho Located Southwest Corner of
E. McMillan Road and N. Meridian Road Request: Final Plat Consisting of
Twenty (20) Single Family Residential Lots and Three (3) Common Lots on
Approximately 4.91 Acres in a R-8 Zoning District
Meridian City Council Meeting Agenda—Tuesday, July 28, 2015 Page 1 of 3
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing,
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
E. FP 15-025 Southern Highlands Subdivision No. 2 by Brad Pfannmuller
Located West of S. Eagle Road Between E. Amity Road and E. Taconic
Drive Request: Final Plat Consisting of Forty-Five (45) Building Lots and
Four (4) Common Lots on 20.68 Acres of Land in an R-4 Zoning District
F. Memorandum of Agreement for Meridian Development Corporation's
(MDC's) Contribution of$1,500.00 for Downtown Youth Farmer's Market
G. Astoria Phase 2 Offsite Sewer Easement
H. Agreement Between the Nampa and Meridian Irrigation District and the City
of Meridian Regarding Partial Rescission of Construction Contracts for
Urban Irrigation Pertaining to Gordon Harris Park
I. Approval of Task Order 10596.a to CH2MHill Engineers, Inc for the "WWTP
PLC Replacement - Digester 4 and 5 - Design" Project for a Not-to-Exceed
amount of$186,340.000
J. Approval of Task Order 10044 to CH2M Hill Engineers for the "WRRF
Headworks Capacity Expansion Phase 1 Design FY15" for a Not-To-Exceed
amount of $231,285.00.
6. Items Moved From Consent Agenda None
7. Action Items
A. Approval) of the Tentative Proposed Revenues and Expenditures for Fiscal
Year 2016 in the Amount of$97,870,219.00 Approved (pg 4)
B. Approval of the Amended Revenues and Expenditures for Fiscal Year 2015
in the Amount of$87,132,934.00 Approved (pg 4-5)
C. Public Hearing: MDA 15-007 Hill's Century Farm by Brighton Corporation
Located 5340 S. Eagle Road Request: Amendment to the Development
Agreement to Remove the School Site from the Development Agreement
Approved (pg 5-7)
D. Public Hearing: PP 15-009 Kentucky Villas by C4 Investments, LLC Located
835 W. Victory Road Request: Preliminary Plat Approval Consisting of
Eight (8) Building Lots and Two (2) Common/Other Lots on 3.87 Acres of
Land in the R-4 Zoning District Approved w/ Conditions(pg 7- 19)
E. Public Hearing: ZOA 15-001 Human Bean by Ada County Highway District
Located 1648 N. W. 1st Street Request: Text Amendment to Table 11-2D-2
of the Unified Development Code to Include a Drive-Thru Establishment as
Meridian City Council Meeting Agenda—Tuesday, July 28, 2015 Page 2 of 3
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing,
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
a Conditional Use in the O-T Zoning District and a Modification to the
Associated Specific Use Standards Listed in UDC 11-4-3-11 Approved (Pg
21-27)
F. Public Hearing: RZ 15-001 Human Bean by Ada County Highway District
Located 11648 N. W. 1st Street Request: Rezone of 2.08 Acres from the R-4
to the O-T Zoning District Approved (Pg 21-36)
G. Public Hearing: CUP 15-014 Human Bean by Ada County Highway District
Located 1648 N. W. 1st Street Request: Conditional Use Permit for a Drive-
Thru Establishment in the O-T Zoning District Approved w/ Conditions (pg
21-36)
8. Ordinances
A. Ordinance No. 15-1654: An Ordinance Amending Title 1, Chapter 6, Section
5, Meridian City Code, Regarding Compensation for the Mayor of the City of
Meridian Approved (pg 36-37)
B. Ordinance No. 15-1655: An Ordinance Amending Title 1, Chapter 7, Section
9, Meridian City Code, Regarding Compensation for the City Council of the
City of Meridian Approved (pg 37-38)
9. Future Meeting Topics
Adjourned at 7:41 p.m.
Meridian City Council Meeting Agenda—Tuesday, July 28, 2015 Page 3 of 3
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing,
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
Meridian City Council July 28, 2015.
A meeting of the Meridian City Council was called to order at 6:10 p.m., Tuesday, July 28,
2015, by Mayor Tammy de Weerd.
Members Present: Mayor Tammy de Weerd, Charlie Rountree, Keith Bird, David
Zaremba, Joe Borton, Genesis Milam and Luke Cavener.
Others Present: Bill Nary, Jaycee Holman, Bruce Chatterton, Bill Parsons, Warren
Stewart, John Overton, Rod Shaul and Dean Willis.
Item 1: Roll-call Attendance:
Roll call.
X _ David Zaremba X _ Joe Borton
X __ Charlie Rountree X_ Keith Bird
__X__ Genesis Milam __X__ Lucas Cavener
_X Mayor Tammy de Weerd
De Weerd: Thank you for your patience. Sorry we are a few minutes late, but welcome to
the Meridian City Council meeting. For the record it is July 28th. It's ten minutes after
6:00. We will start with roll call attendance, Madam Clerk.
Item 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.
(Pledge of Allegiance recited.)
Item 3: Community Invocation by Jason Christensen with Meridian United
Methodist Church
De Weerd: Item No. 3 is our community invocation. Tonight we will be led Jason
Christensen with the United Methodist Church here in Meridian. If you will all join us in the
community invocation or take this as an opportunity for a moment reflection. Thank you
for joining us, Jason.
Christensen: Thank you. Please join me in prayer. Heavenly Father, we thank you for
the men and women of our City Council and for the Mayor. We ask that you guide these
individuals to lead the City of Meridian forward into our future, making decisions for the
community that will make Meridian a wonderful place to live, play and work. Give them
guidance and wisdom as they follow and lead our community forward, in your name we
pray, amen.
De Weerd: Thank you. Jason, have I given you a City of Meridian pin?
Meridian City Council
July 28, 2015
Page 2 of 37
Christensen: Yes, ma'am. In December.
De Weerd: I don't see it on you.
Christensen: Wrong jacket.
Rountree: Got to give him another one for his other jacket.
Christensen: Sure. Why not.
Item 4: Adoption of the Agenda
De Weerd: Item No. 4 is adoption of the agenda.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: With the addition of ordinance numbers on Item 8-A, 15-1654 and 8-B, 15-
1655, I move that we approve the agenda.
Bird: Second.
De Weerd: I have a motion and a second to approve the agenda. All those in favor say
aye. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Item 5: Consent Agenda
A. Findings of Fact, Conclusions of Law: AZ 15-005 Stonesthrow
Subdivision by Steve Arnold Located Approximately 1/4 Mile
South of E. Fairview Avenue on the West Side of N. Mount Hood
Avenue Request: Annexation and Zoning of 10.26 Acres of Land
with an R-40 Zoning District
B. Findings of Fact, Conclusions of Law: PP 15-006 Stonesthrow
Subdivision by Steve Arnold Located Approximately 1/4 Mile
South of E. Fairview Avenue on the West Side of N. Mount Hood
Avenue Request: Preliminary Plat Approval Consisting of Thirty-
Five (35) Building Lots and Six (6) Common Lots on 9.22 Acres
of Land in the R-40 Zoning District
C. Findings of Fact, Conclusions of Law: CUP 15-009 Stonesthrow
Subdivision by Steve Arnold Located Approximately 1/4 Mile
Meridian City Council
July 28, 2015
Page 3 of 37
South of E. Fairview Avenue on the West Side of N. Mount Hood
Avenue Request: Conditional Use Permit Approval for a Multi-
Family Development in the R-40 Zoning District Consisting of
140 Dwelling Units
D. FP 15-024 Ambercreek No. 3 by Trilogy, Idaho Located
Southwest Corner of E. McMillan Road and N. Meridian Road
Request: Final Plat Consisting of Twenty (20) Single Family
Residential Lots and Three (3) Common Lots on Approximately
4.91 Acres in a R-8 Zoning District
E. FP 15-025 Southern Highlands Subdivision No. 2 by Brad
Pfannmuller Located West of S. Eagle Road Between E. Amity
Road and E. Taconic Drive Request: Final Plat Consisting of
Forty-Five (45) Building Lots and Four (4) Common Lots on 20.68
Acres of Land in an R-4 Zoning District
F. Memorandum of Agreement for Meridian Development
Corporation’s (MDC's) Contribution of $1,500.00 for Downtown
Youth Farmer's Market
G. Astoria Phase 2 Offsite Sewer Easement
H. Agreement Between the Nampa and Meridian Irrigation District
and the City of Meridian Regarding Partial Rescission of
Construction Contracts for Urban Irrigation Pertaining to Gordon
Harris Park
I. Approval of Task Order 10596.a to CH2MHill Engineers, Inc for
the "WWTP PLC Replacement - Digester 4 and 5 - Design"
Project for a Not-to-Exceed amount of $186,340.000
J. Approval of Task Order 10044 to CH2M Hill Engineers for the
“WRRF Headworks Capacity Expansion Phase 1 Design FY15”
for a Not-To-Exceed amount of $231,285.00.
De Weerd: Item 5 is our Consent Agenda.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I move that we approve the Consent Agenda. Authorize the Clerk to attest and
the Mayor to sign.
Bird: Second.
Meridian City Council
July 28, 2015
Page 4 of 37
De Weerd: I have a motion and a second to approve the Consent Agenda. Madam Clerk,
will you call roll.
Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Item 6: Items Moved From Consent Agenda
De Weerd: Item 6 there were no items moved from the Consent Agenda.
Item 7: Action Items
A. Approval of the Tentative Proposed Revenues and Expenditures
for Fiscal Year 2016 in the Amount of $97,870,219.00
De Weerd: So, we will go right into Action Items. 7-A is approval of the tentative fiscal
year 2016 budget. Council, you have the numbers in front of you. Any questions on that?
If you have them I will try and answer them. Okay. Do I have a motion?
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I move that we approve Item 7-A, the tentative proposed revenue expenditures
for fiscal year 2016 in the amount of 97,870,219 dollars.
Bird: Second.
De Weerd: I have a motion and a second to approve Item 7-A. Any questions from
Council? Madam Clerk.
Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
B. Approval of the Amended Revenues and Expenditures for Fiscal
Year 2015 in the Amount of $87,132,934.00
De Weerd: Item 7-B is also regarding fiscal year 2015. The information is in your packet
in the amount of 87,132,934. Any questions regarding this item?
Meridian City Council
July 28, 2015
Page 5 of 37
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I move that we approve Item 7-B, the amended revenue and expenditures for
fiscal year 2015 in the amount of 87,132,934 dollars.
Bird: Second.
De Weerd: I have a motion and a second to approve Item 7-B. Any discussion from
Council? Madam Clerk.
Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
C. Public Hearing: MDA 15-007 Hill's Century Farm by Brighton
Corporation Located 5340 S. Eagle Road Request: Amendment
to the Development Agreement to Remove the School Site from
the Development Agreement
De Weerd: Item No. 7-C is a public hearing on MDA 15-007. I will turn this over to staff.
Bill, here you go. All yours.
Parsons: Thank you, Madam Mayor, Members of the Council. Before I get into tonight's
hearing presentation I would like to introduce all of you to our newest associate city
planner. His name is Josh Beach and he does come to us from Washington state, so --
De Weerd: Well, welcome to Meridian. And that was Josh?
Parsons: Josh Beach. Yes.
De Weerd: Josh. Welcome.
Parsons: I appreciate you allowing me to present that to you.
De Weerd: Thank you.
Parsons: Next item on the agenda, again, is the Hills Century Farm development
agreement modification. As Council is aware, these projects came -- there is an exhibit
here. The property is located on Amity Road and South Eagle Road -- at least the
southeast corner. The project came to you -- before you in two -- two separate projects.
The first project was, again, the Hill Century preliminary plat and it was a little south of
Amity Road on the east side of the Eagle Road and, then, several months later another
Meridian City Council
July 28, 2015
Page 6 of 37
property owner came forth and did a Comprehensive Plan map amendment and a rezone
that is north of this proposed development at the time that both of these developments
were approved by the city. The applicant -- both property owners and the applicant were
required to enter into a development agreement. When the Hill Century Farm's
preliminary plat came forward to you there was a portion of the school lot that was carved
out as part of the preliminary plat and is subject to a separate development agreement.
When the property to the north of this property came in it was also school district's
property, actually got rezoned with that project to the north and, therefore, the site is
subject to two recorded development agreements. So, as a clean-up measure the
applicant is here tonight to, basically, modify their -- the recorded development agreement
with the Hill Century preliminary plat application as follows -- so, when that came forward
there was a requirement that the plat consist of a school lot, which it will, just part of a
different project and so the applicant is asking that you strike that requirement from the
development agreement and, then, also looking at site -- or DA provision 5-F, it discussed
the requirement for the elementary school. The applicant wants to, basically, say that
they still have an elementary school as part of the development, but make a note that it's
going to be subject to the development agreement that was recorded with the rezone. In
the staff report staff did have an exhibit of the area that was removed as part of the rezone
exhibit. Again, that has been included in the new development agreement when the
property to the north went before you. Staff is recommending approval of these DA
modifications with these change presented to you this evening. I will stand for any
questions Council has regarding the application.
De Weerd: Thank you, Bill. Council, any questions?
Bird: I have none.
De Weerd: Okay. Ask the applicant forward. Welcome. If you will, please, state your
name and address for the record.
Wardle: Madam Mayor, Council Members, Mike Wardle. 12601 West Explorer Drive in
Boise. This is the formal removal of the school site from the Hill Century Farm to
incorporate it with the YMCA, so it's an item that you unanimously approved last month
and I trust that you would agree that it ought to be incorporated into that development
agreement and removed from Century Farm. Any questions I would be happy to answer.
De Weerd: Thank you, Mike.
Wardle: Thank you.
De Weerd: Council, any questions?
Rountree: I have none.
De Weerd: Okay. This is a public hearing. Is there anyone who would like to offer
testimony on this item? Seeing none, Council? Yes, Mr. Bird.
Meridian City Council
July 28, 2015
Page 7 of 37
Bird: I move we close the public hearing on MDA 15-007.
Milam: Second.
De Weerd: I have a motion and a second to close the public hearing Item 7-C. All those
in favor say aye. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we approve MD -- MDA 15-007 and to include all staff and applicant
comments.
Milam: Second.
De Weerd: I have a motion and a second to approve Item 7-C. Madam Clerk, will you
call roll.
Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
D. Public Hearing: PP 15-009 Kentucky Villas by C4 Investments, LLC
Located 835 W. Victory Road Request: Preliminary Plat Approval
Consisting of Eight (8) Building Lots and Two (2) Common/Other
Lots on 3.87 Acres of Land in the R-4 Zoning District
De Weerd: Item 7-D is a public hearing on PP 15-009. I will open this public hearing with
staff comments.
Parsons: Thank you, Madam Mayor, Members of the Council. Next item on the agenda
tonight is the Kentucky Villas preliminary plat. The site is situated on the southeast corner
of Kentucky Way and West Victory Road. It consists of 3.87 acres of land and is currently
zoned R-4 within the city. This was -- these two parcels were part of the Victory South
annexation that was approved by the city in 2013. You can see here on the aerial of the --
the aerial photography that the site does consist of an existing home that will remain as
part of the development, but the two outbuildings that you see internally to the
development will be removed with the construction of the subdivision. The preliminary
plat before you tonight consists of eight residential lots and two common lots. The main
common lot -- one of the common lots is a street buffer along Victory Road and, then, the
other common lot is a private street that will serve as access to the proposed development
Meridian City Council
July 28, 2015
Page 8 of 37
off of South Kentucky Way and the applicant is proposing that private street to be gated
as allowed in the UDC. Currently the existing home does have access to Victory Road,
which will be terminated with the development of the site and the applicant is conditioned
to provide a cross-access or driveway to this existing home, so they can take access
across the private drive as well -- or the private street. Because this site is under ten
percent -- or under five acres in size the minimum ten percent open space does not apply
with the proposed development. You can see here on the landscape plan that the
applicant is showing an ACHD pond and that was platted with Kentucky Ridge Estates in
2000 -- early -- in the early '80s and that will remain as part of the development. Fencing
proposed -- for the proposed development will be vinyl fencing around the perimeter.
When the project was before Planning and Zoning Commission they did require the
applicant to provide privacy fencing along the south boundary of the site to give privacy to
the adjacent property owner along the north boundary or the south boundary of this
development. The proposed density for this development is approximately two units to
the acre. The Comprehensive Plan designates this property as low density residential
and so the proposed development does fall within that density range of three or less units
to the acre. The applicant has provided sample elevations for you to look at this evening.
Staff finds that these building materials are complimentary to the adjacent developments.
Moving forward staff is recommending -- has a condition in the staff report that we review
elevations up against the arterial roadway to insure that some of those architectural
details presented in the elevations to you this evening are represented in -- along those
street frontages. Staff has also required a pathway or a stub connection to the private
street here to connect to the 25 foot wide landscape buffer and the five foot detached
sidewalk along Victor Road. Staff is recommending that the Council modify one condition
of approval this evening and that would be condition 2.1.1. It is highlighted in your hearing
outline before you this evening and specifically speaks to how we want the water -- the
eight inch water main routed to the development. Originally we -- staff had recommended
a condition that the water main be extended from Victory through the development and tie
into South Kentucky Way here for a looped water system redundant water system. In
working with the applicant and Public Works staff felt it was more appropriate to actually
stub a water main to the east property boundary in this general location to provide future
connectivity to the property to the east. Public W orks and the applicant are both
amenable to those -- that condition change. The Planning and Zoning Commission did
recommend approval of the application at the July 2nd hearing. We had Marcel Lopez
and Chris Zabala testify in favor. No one testified in opposition. Commenting on the
application was Colleen Cole and Rick Fish. Jim Conger and Rick and Charlene Fish
submitted written testimony on the applicant. Two items of discussion at that hearing.
One was the privacy fencing along the Fish property here as I mentioned in the
presentation and, then, originally staff was pushing for a pedestrian connection to the
property east in this general location. Planning and Zoning Commission did strike that.
condition as part of the approval. Other than that condition that I brought up for
modification this evening, Planning and Zoning Commission did recommend approval and
staff is not aware of any other outstanding issues before you this evening and I conclude
my presentation and stand for any questions you might have.
De Weerd: Thank you, Bill. Council, any questions?
Meridian City Council
July 28, 2015
Page 9 of 37
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: If I heard correctly, did you say that the road was going to be gated?
Parsons: Madam Mayor, Members of the Council, that is correct.
Zaremba: So, my question on that is don't we require that there be a way for somebody
who doesn't belong there to escape the gate without backing into the -- the collector road?
I think we have been requiring some kind of a U-turn at gates outside the gate.
Parsons: Madam Mayor, Members of the Council, the way the ordinance is written for our
private street standards is the gate has to be set in 50 feet from the right of way. So,
there is not a requirement for a turnaround area, but it has to have enough -- at least
enough stacking sufficiency for cars to get out of the right of way and at least open the
gate as they enter into the development. So, we don't have a requirement for the turn
around or to restrict cars from backing out onto the roadway. The requirement only states
that the fence -- or the gate shall be 50 feet from the adjacent right of way.
Zaremba: Okay.
De Weerd: Any other questions?
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: Bill, the landscape plan looks like it includes the drainage pond. Now, is that
something to be part of the homeowners or is that, in fact, ACHD's?
Parsons: Madam Mayor, Members of the Council, Councilman Rountree, I believe it's my
recollection from the Planning and Zoning Commission hearing was the applicant -- it's
going to be part of the common lot to be owned and maintained I believe by the HOA, but
I believe the applicant is going to work with ACHD on reconstructing that pond so that it
adequately drains in the area, but he has more history on that and he will fill you in on
that.
Rountree: We will find out.
De Weerd: And, hopefully, it doesn't look like a typical ACHD drain. Any other questions
from Council at this time? Mr. Conger. Welcome to City Council. If you will, please, state
your name and address for the record.
Meridian City Council
July 28, 2015
Page 10 of 37
Conger: Thank you, Madam Mayor, Members of the Council. Jim Conger, 4824 West
Fairview.
De Weerd: Thank you.
Conger: You bet. Thank you. Bill has got me running. First, I want to thank you for
letting us get in front of you tonight on this small in-fill that we are bringing you and it is an
in-fill that -- the aerials are a little misleading. Kentucky Ridge is built out now to the west.
We have the original Kentucky Estates to the south and the property across the street are
more smaller ranchettes, probably not redevelopable. We do have one parcel left to the
east if it develops on. We are coming in in front of you, as Bill indicated, with a little under
four acre, eight lots -- one of the lots exists with an existing house. Approval of this
development has several great benefits that's been missing in this area. One is we clean
up an illegal split. We actually were lucky enough to work with the adjacent neighbors.
This originally was a five acre parcel that was split illegally in the county. When you guys
came in with your annexation of the entire area you brought it in, but it was red flagged.
So, we will clean up this illegal split and, again, we are very fortunate the adjacent
neighbors working with us is we both have to sign the plat when this is done and those
always can be a little bit difficult. We were actually going to complete the Victory frontage
with sidewalk, so now you will go from Kentucky Ridge all the way to Stoddard, from
Stoddard at that intersection you will actually be able to go all the way to Meridian Road.
So, this is a great link that is missing for all of the Kentucky homeowners and children that
walk out of there. So, you will now be able to get to Eagle Road and Stoddard is
sidewalked all the way to Overland. The other is -- we are working in partnership. I think
another benefit of this is the partnership working with ACHD. Some of the money will be
mine, some of the money will be ACHD's. This really, per se, isn't a pond and I applaud
what the Mayor was saying, because I don't like any of their facilities as far as their ponds,
how they esthetically look. They are going to replace some of the pipe work that's kind of
causing the problem at Victory. I'm going to remove the big box that's kind of blocking the
pipe and that is more of a siltation basin than it really is a pond. It's got a lot of gravity flow
from the slope. The water comes in there and silts out. But we will clean that up. That
will be a part of our homeowners association as far as light maintenance goes. We are --
in agreement with our CC&Rs, ACHD will be responsible for some of the heavier
maintenance. But a majority of the maintenance will be by our HOA, but it's also a
common area we will be able to enjoy, so that is a fair trade off. We also -- existing sewer
water utilizing everything that's in front of this property that exists, so we think that's good
as well as far as this in-fill development. The only issue we have is the -- is the fence
issue. You know, I apologize, I was not at the Planning and Zoning meeting. I had a
wedding anniversary of 21 or 22 years and I had to miss it by no choice, so --
De Weerd: That was smart.
Conger: That was a good choice. Mr. Fish -- which he will get up and speak and has the
opportunity to speak, he and I worked together for over a year, year and a half, because
we did the Kentucky Ridge. I had not heard about a fencing tissue in all our discussions.
All our neighborhood -- you know, we only had one neighborhood meeting, so I shouldn't
Meridian City Council
July 28, 2015
Page 11 of 37
have said all of our neighborhood meetings. So, I came back from -- from a little vacation
and we get a requirement to fence this estate lot and I -- I think from a standpoint we think
we read the condition -- we think we read the condition that we have to fence this. Bill
kind of said we have to fence this and this isn't Bill's project, so he's not familiar with it.
So, two guys that weren't at the hearing can't even read the condition and understand
what we are supposed to do. My point of this is what we hear from a public hearing -- and
Mr. Fish will get up -- is it's a safety for the grandchildren and play structures and, be
clear, we don't -- if there is a safety issue I will be the first in line to pay for something.
That's not a concern. The concern is is we use a lot of three rail fences and we use a lot
of two rail fences in our neighborhoods. It is very common to use this metal insert panel,
which Mr. Fish already has. So, from a security standpoint this fence is already -- I mean
he had to secure this property to keep his grandchildren from getting in unsafe conditions.
If you go to my next slide, which is the front of his home, which you can see the play
structure, this all has the lining. He has his fence, irregardless of what I do, if I get forced
to fence here, irregardless of that, he still has a three rail fence that actually goes to the
collector of Kentucky Way. I'm an eight lot private street, I don't think I should be
burdened for 350 -- it's a little over 9,000 dollars in fencing -- that doesn't -- that is secured
-- again, we use those metal insert panels for children and for pets, mainly, in a lot of our
neighborhoods. So, that is an acceptable means. I think in -- in the final -- understanding
this condition, I know it's easy for Planning and Zoning to put a condition on this, but I
think it's deeper than that. It's actually a project. You know, cost sharing, demolition of
the existing fence. Is the new fence going on his property, is it going on our property? If I
have to demolition his fence now I have his backyard unsecured. I don't really take on
those liabilities of taking fences out, having people's backyards unsecured or whatever my
liability. If it is a new fence what is the type of the fence? What is the color of the fence?
Again, we are just -- so, is -- am I just putting up a new fence and is it going to stay double
fenced? Because double fences never work, they get bees nests, they get weeds, they
get -- if Mr. Fish wants to sit down with me and negotiate a fence, we have done that a
dozen to 30 times on projects. To have the Planning and Zoning just put this condition on
us -- I don't think it's been entirely thought out that evening and, again, I don't think it's a
safety issue. I think he would like a six foot solid fence, but I think if someone wants a six
foot solid fence they probably should need to pay for that. Again I don't have any issue
with Mr. Fish. He and I worked together very well on irrigation issues and other items.
This one just took me blind sided and we never had an opportunity to discuss it before the
Planning and Zoning Commission made this condition. In closing, we think it's a
wonderful project. It's a small project. I know my speech is way longer than eight lots
deserve, but, again, I accept all conditions. I accept the Public Works conditions of the
waterline to the east. I just respectfully request that you remove the condition to fence the
estate lot to our south boundary that's already fenced. And I will stand for any questions.
De Weerd: Okay. Thank you. Council, any questions? Mr. Zaremba.
Zaremba: Madam Mayor. That's what I was looking for, a depiction of where the street
goes. I'm interpreting this to say the fence goes along the private street, so --
Conger: I guess that's what that would be, Madam Mayor.
Meridian City Council
July 28, 2015
Page 12 of 37
Zaremba: Okay. So, with that established, if -- later when Mr. Fish testifies I will ask him
about that, but I just wanted to make sure I knew where it was.
De Weerd: Okay. Any other questions? Okay.
Bird: I have none, Mayor.
De Weerd: Thank you. Okay. I did have a couple of people signed up on the sheet.
When I call your name if you would like to provide testimony I would invite you forward.
Colleen Cole. Signed up as neutral. Thank you joining us. If you will, please, state your
name and address for the record.
Cole: Colleen Cole, address is 736 West Hartack Court, Meridian. Kentucky Ridge
Estates.
De Weerd: Thank you so much.
Cole: Thank you. Thank you, Madam Mayor, Council -- Councilmen. Councilwomen.
Let's see. I need to go back a little bit. Sorry. Thank you. At the hearing -- at the
meeting that we had on July the 2nd we talked about the access into Kentucky Villas and I
realize that the road off of Victory is going to be abandoned, but at that meeting we had
requested that possibly construction traffic and vehicles could use that road to go in and
avoid coming down Kentucky Way, due to the fact that we have over a hundred homes
being built either to the west or south of us currently and Kentucky Way is a residential
collector off of Victory and that's where all of our traffic is coming from. So, we have a lot
of construction now, we were just trying to minimize it, so we'd like to request that again if
possible. The connection point for Kentucky Way and South Derby Way is at this -- where
the driveway is here where you see this going into the property and that fence, obviously,
is going to come -- be removed. South Derby is going to be a private street and if it's not
already something that is planned or going to happen, we would like to request a stop
sign. Obviously, due to the fact that we -- the width of Kentucky Way is reduced and the
traffic that we have and the angle of this driveway is going to make it a little difficult for
traffic and as you see this is what we deal with now and that's my car coming out of the
driveway. I had to back it into the driveway to give an example. But as you see turning --
I have a track coming down this way and if there is not a stop sign people are just going to
go -- we are going to have people going both ways in and out. So, for safety issue we
would like to make sure that we do get a stop sign and that's the view from the south and
the turn radius coming out of there. Coming out of that particular street. So, we would
like to request that there is a stop sign put on that private street. The next thing is we did
talk about the drainage issue at the last meeting on the 2nd and the representative from
C4 Investments made a statement that the silt was generated from Kentucky Ridge
Estates and that is an inaccurate statement and I'd like to clarify it. The silt is coming from
underground pipes from the two fields south of Kentucky Way and it's been going on for
years. The -- we have it coming from two tail drains in the fields. One was routed into our
sanitary sewer for when treated water was being land applied. When not applying
Meridian City Council
July 28, 2015
Page 13 of 37
wastewater, the sanitary drain was kept was capped and the water was routed to a
second drain that runs under Kentucky Way to the pipe that flows under the road and
downstream. So, that's where we get the water into that common area that Kentucky
Villas is going to have. So, that's been an ongoing issue for years and I just wanted to
clarify that. Obviously, we still have the drainage issue. We are getting it from Hayden
Homes on the west of us, their overflow, and I know it's an ACHD issue, but, hopefully, we
can get it resolved maybe after the irrigation season. So, thank you. That's all.
De Weerd: Well, thank you.
Cole: Questions?
De Weerd: Council, any questions?
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: Can I get a little clarification on where you wanted the stop sign?
Cole: A stop sign -- well, they are going to have -- the gate is going to be 50 feet back, so
the stop sign would have to be before the sidewalk.
Milam: So, at the corner of Derby and Kentucky Way?
Cole: Kentucky Way. Before they enter into the driveway they are going to have to stop.
Milam: Thank you.
Cole: You're welcome.
De Weerd: Any further questions from Council? Thank you so much.
Cole: Thank you.
De Weerd: Rick Fish signed up as neutral as well. Thank you for joining us.
Fish: Thank you, Madam Mayor, and --
De Weerd: If you will, please, state your name and address.
Fish: -- Members of the Council. Thanks for the opportunity to provide some input. My
name is Rick Fish. My wife and I reside at 3378 South Kentucky Way. We are -- I didn't
realize until Mr. Conger put the picture up that I live on an estate, but I didn't think it was
that palatial. Our land is just adjacent to the development that we are talking about to the
-- well, my north boundary is their south boundary, I will put it that way. We purchased the
Meridian City Council
July 28, 2015
Page 14 of 37
property in 1996, built the house in 1998, and we knew at that point that at some point in
the future there was going to be development there. I mean that's -- I mean that's not the
issue here. What we didn't realize was that, you know, we were going to have a road
along our fence line there. That is a single point of ingress and egress for eight -- eight
homes literally a few feet from where our grandchildren play. The three rail fence that was
installed in '98 was fine for the occasional or seasonal livestock Frank Zabala had on
there, usually every summer and fall, but inadequate for reasons of safety, noise
abatement, and privacy for the new development. By the way, the paneling that Mr.
Conger talked about does not go all the way out to the road on our property, it's only
partially in the back there to keep our dog in the backyard. In the past year we have had
two major subdivisions that I'm sure you're all aware of that are going up out there. Oak
Ridge to the south of us and Revolution Ridge, which is now called Kentucky Ridge Three
and Four to the west of us. In both cases the developers have voluntarily included six foot
vinyl privacy fences around the entire perimeter of both developments. So, you know,
what we are asking for here is we don't feel is out of line or anything different than what's
been going on here. So, our only request is that -- that we have a six foot vinyl fence that
it was stipulated in the Planning and Zoning recommendation for this proposal along our
south boundary or their south boundary, our north boundary, for purposes of safety, noise
abatement and privacy. Could you throw the -- oh, here we go. Got it right here. The
lower left photograph is the play area that backs right up to that fence. I'm not sure what
the one on the right is for, but you can see the fence line and the road that would go along
that -- that fence line heading to the west. That's really all I have to say. I thought we had
this kind of agreed upon with Planning and Zoning and discussed it last time, but
apparently it -- it's an issue now, so -- be happy to answer any questions that you might
have.
De Weerd: Thank you, Mr. Fish. Council, any questions?
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: If, in fact, a fence is put in there, would you be agreeable to it being put on the
property line?
Fish: Oh, absolutely. And I will take the other fence out. It's not that big of a deal. Yeah.
I could coordinate that with whoever puts the new fence in and -- that's the logical place
for it anyway.
De Weerd: Any other questions?
Rountree: I have none.
De Weerd: Thank you very much.
Fish: Thank you, Madam Mayor.
Meridian City Council
July 28, 2015
Page 15 of 37
De Weerd: This is a public hearing. Is there anyone who would like to provide testimony
on this item? Council, any questions for Justin at ACHD? Okay.
Cavener: I have got a question for Justin -- or for ACHD. Maybe I should know this and
this may be an elementary question, but it's good for me to know regardless.
De Weerd: We like to bring you up every once in a while.
Cavener: You made the drive over. We might as well chat.
Lucas: Thank you, Madam Mayor, Members of the Council. Justin Lucas, representing
the Ada County Highway District, 3776 Adams Street, Garden City, Idaho.
Cavener: Awful lot for a very simple question I guess. Justin, is a -- is a stop sign coming
off of a private drive something ACHD does on any regular basis? And I guess for PD, is
that even enforceable?
Lucas: Quick answer. Typically no. ACHD won't become involved in traffic control
coming off of a private driveway. We will review it as a driveway access, much like to a
multi-family development or anything like that and I'm not a traffic engineer and won't even
attempt to discuss the merits of that, but the volumes from eight houses coming onto that
street will be in almost every way pretty limited as you look at other developments.
De Weerd: Any comment about the drainage? Will the facility that the development is
putting in help with the water on the road issue? Are you putting -- requiring curb, gutter,
and sidewalk on that stretch?
Lucas: Madam Mayor, Members of the Commission, I'd have look exactly at the plan. I
believe there was something worked out and Mr. Conger may be able to speak to this with
sidewalk on Kentucky Way -- and I'm not sure, I don't remember if curb and gutter was
required. That being said, the drainage issue that's happening underneath the roadway --
I will take that back to our drainage team and see what's going on there. If it's been a
continuous issue there maybe something ACHD can do if it's our facility, clean that out
and make it -- make it better. So, I will certainly raise that with our drainage team.
De Weerd: Okay. Perfect. Any other questions for Justin? Thank you. Mr. Conger,
would you like to provide a response and wrap this up?
Conger: Yes, ma'am. Madam Mayor, Members of the Council, running through
construction traffic, just as we committed in Kentucky Ridge phase three and four through
those approvals, as much as we can bring truck traffic in initially off of Victory without
coming down Kentucky Way we will do. A lot of our pipe activities in the original -- you
know, some of the -- start with the gravel and the paving we can do. Once it starts
becoming like a built neighborhood we will definitely be prohibited from going to Victory,
but we definitely give the same commitment we gave last time. Stop sign. We are fine
Meridian City Council
July 28, 2015
Page 16 of 37
with that condition. I think it's a private issue, not a highway district issue. But we have
got no issue with that. So, that's put on our list and we will make that happen. We
probably think it's a great idea as well. Drainage issue and fill. We will work through all
that. The highway district -- we are not so concerned. Now, the puddles -- that's a
different issue on Kentucky Way and I will speak to that after Justin did. So, I believe
Mike Rivers still has a punch list with Hayden Homes on a little bit of those drainage
puddles. We are working with them just because we are the property owner on this side
of the street. So, those I don't believe will be a highway district requirement for taxpayer
dollars yet. I believe it's still under our punch list and we will follow up on that as well.
That is in ACHD's right of way and that is associated with the project across the street.
There is not a lot we can do to solve, but we can help facilitate and move it forward. Final
item on the fence. It's an existing fence. We have put in a lot of fences on the perimeter.
I don't know, I just struggle with this one. This is a brand new item that popped up.
Wasn't any part of any initial neighborhood meetings or discussions. I think we are more
than willing to share it. We have shared a lot of fences. We were in front of you folks with
Solterra behind the church -- by the Capital Christian Church at Fairview and Eagle. We
ended up cost sharing with several neighborhoods that had benefit. So, there is benefit to
both parties, clearly, or we all wouldn't be here. We are willing to split it. But it would
seem a little bit late to the party and a little bit stiff if we had to burden that whole expense
and with that I will definitely respond to answer any questions.
De Weerd: Thank you. Council, any questions?
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: Jim, what is the total length of that fence? I don't know if it was mentioned
already, but I don't --
Conger: Madam Mayor, Council Member Milam, yeah. Sorry. I guess it's either 340 feet
or it's around 200 feet if it's -- if it's just the piece along the street it's 200 feet. If it's the
whole length I guess it's 330. I still don't know what it is. But I suspect it probably should
be the whole length and I suspect it probably should be cost shared, but --
Milam: Thank you.
Conger: Thank you.
De Weerd: Okay. Any other questions from Council? Thank you. Council, any additional
questions needed for staff or the applicant? Or public.
Rountree: Madam Mayor, there has been some statements about the fence being a
surprise and not being discussed, but it seems to be indicated here that that's a
recommendation from the Planning and Zoning hearing, so what's -- what's going on?
Meridian City Council
July 28, 2015
Page 17 of 37
Parsons: Madam Mayor, Members of the Council, I was at the hearing. It was my
recollection at the hearing that it was -- the Planning and Zoning Commission's intent to
have six foot privacy fencing along the entire boundary of the Fish property, which would
be along the private drive aisle here and along the shared boundary between the south
and the north and that -- and that was a concession they made, because originally, as I
mentioned to you, staff was pushing for a condition -- a micropath connection here and
the adjacent property owner was concerned about privacy and -- but nothing was
discussed at the hearing about cost share or working with the adjacent property owner. In
looking at the condition of approval in the staff report it clearly says along the southern
boundary of the site. Well, this entire property is along the southern boundary. So, that's
how I read it. It's more than 300 linear feet of street -- or fencing, it's, basically, that
entrance all the way along that site where you saw that exhibit of that fencing. I think one
of the concerns -- Planning and Zoning had concerns with whether or not -- if you looked
at the developer's landscape, Planning and Zoning Commission did struggle with whether
or not solid fencing was allowed along the private road, because they are proposing a five
foot landscape strip along that boundary to dress up that street edge and it was discussed
at the hearing that, yes, they could still have six foot fencing along that -- along that entire
boundary if the common lot was removed. If there was a micropath lot the city couldn't
allow a six foot privacy fence there, but since Planning and Zoning Commission did
remove that condition, again, the concession was made that six foot privacy fence would
be along the private street and along shared boundary between the south and north
boundary of the Fish property and the applicant's property. That was discussed. The only
difference was Mr. Conger wasn't at that hearing. His assistant was. Marcel. So, I don't
know -- he wasn't equipped to probably adequately address that, because he wasn't sure
that was going to come up at the Planning and Zoning Commission hearing.
Rountree: Okay.
De Weerd: Okay. Mr. Zaremba.
Zaremba: Madam Mayor, thank you. I can certainly see the reason for the request. Like
many things I try to imagine what if I lived there. Yes, it's reasonable to expect that this
will be developed. It's probably not anticipatable that there would be a roadway right
along Mr. Fish's fence line and I feel at least for that section of it the privacy fence is
reasonable and I would attribute that to the changes that are being made, so I would ask
the developer to pay for that whole length of putting a privacy fence in there. The thing
that adds to it -- if right in the middle of that section there is going to be a gate, then, there
are cars slowing down or stopping and starting up again and to have children or
grandchildren's playground right next to that would be a severe change to my lifestyle.
So, I'm supporting at least the developer pay for the privacy fence along the section that --
where the roadway is. I could go along with it the rest of the way as well, but I'm strongly
in favor of it along the roadway.
De Weerd: Thank you, Mr. Zaremba. Any other comments from Council?
Rountree: I have none.
Meridian City Council
July 28, 2015
Page 18 of 37
De Weerd: Okay. Would you like to close the public hearing?
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: I would move that we close the public hearing on Item 7-D, PP 15-009.
Bird: Second.
De Weerd: I have a motion and a second to close the public hearing on Item 7-D. All
those in favor say aye. All ayes.
MOTION CARRIED: ALL AYES.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: I think Councilman Zaremba's reasoning is -- is right on the money. I think it sort
of forms the compromise solution to this situation to require only for that portion adjacent
to the private drive the six foot fencing that's been requested as part of this plat.
Rountree: Madam Mayor, my comment to that would be that it be on the property line and
if that's the case who would own and maintain the fence or is that something you could
stipulate?
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: Maybe it's a question for the applicant, but my understanding would be that that
would be placed upon the property line and owned and maintained by the HOA.
De Weerd: Which is consistent --
Zaremba: That works for me.
De Weerd: Yeah. Which is consistent, I think, with all our other developments.
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Meridian City Council
July 28, 2015
Page 19 of 37
Cavener: For my clarification, that would mean, then, we would be requiring Mr. Fish to
remove his fence, then, or are we -- I know that Mr. Fish has indicated a willingness to do
that, but it doesn't mean we want to require someone to remove their fence so that
another fence can subsequently be built or could be --
De Weerd: I think in other cases when a subdivision's fence goes up against another
fence there is usually a double fence. Mr. Fish will probably want to take his fence down
before the other one comes up, so --
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: That was entered into testimony by Mr. Fish, his willingness to do that, so --
Bird: He don't want back-to-back fences.
Rountree: -- he's on record.
Cavener: Okay.
De Weerd: Okay. Any other discussion? If not do I have a motion?
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: I would move that we approve Item 7-D, PP 15-009, to include staff and applicant
comment, specifically with regards to the fence, that it be required adjacent to the private
drive. That the applicant and the property owner coordinate its removal and installation,
which will, then, be owned by the HOA and placed upon the property line, so a single
fence remains.
Zaremba: Second.
De Weerd: I have a motion and second.
Zaremba: Second.
De Weerd: I did hear you.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: Does that motion also include applicant, staff, as well as public testimony?
Meridian City Council
July 28, 2015
Page 20 of 37
Borton: With regard to the stop sign?
Rountree: With regards to the fence -- removal of the fence.
Borton: It's removal by -- the coordination for the removal by the homeowner?
Rountree: Yes.
Borton: Yes.
Rountree: Okay.
Borton: Sorry, I thought I included that. I apologize.
De Weerd: Mr. Cavener?
Cavener: Madam Mayor. Joe, can you clarify, then, who is going to be responsible for
the cost of installing the fence? Is that a shared cost or the applicant's sole cost?
Borton: My understanding the applicant's expense is the installation of the fence. It will,
then, be maintained going forward by the HOA.
De Weerd: Okay.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Does that also include the installation of the stop sign?
Borton: Yes.
Bird: Okay.
Zaremba: Second agrees to all of that.
De Weerd: Okay. Any other questions for Mr. Borton?
Rountree: On his motion.
De Weerd: On his motion.
Borton: I think we got it all there.
Meridian City Council
July 28, 2015
Page 21 of 37
Parsons: Madam Mayor, Members of the Council, does that also include the modification
to condition 2.1.1?
Borton: Yes.
Parsons: Thank you.
Borton: Threw in the global inclusive of staff comments, but after that I did a poor job of --
yes, it is.
Rountree: All right. Good job.
De Weerd: Any other clarification we can help Mr. Borton with?
Bird: He's done fine.
De Weerd: Okay. Madam Clerk, will you, please, call roll.
Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, nay.
De Weerd: Okay. Motion passed with majority in favor.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
E. Public Hearing: ZOA 15-001 Human Bean by Ada County
Highway District Located 1648 N. W. 1st Street Request: Text
Amendment to Table 11-2D-2 of the Unified Development Code
to Include a Drive-Thru Establishment as a Conditional Use in
the O-T Zoning District and a Modification to the Associated
Specific Use Standards Listed in UDC 11-4-3-11
F. Public Hearing: RZ 15-001 Human Bean by Ada County Highway
District Located 1648 N. W. 1st Street Request: Rezone of 2.08
Acres from the R-4 to the O-T Zoning District
G. Public Hearing: CUP 15-014 Human Bean by Ada County
Highway District Located 1648 N. W. 1st Street Request:
Conditional Use Permit for a Drive-Thru Establishment in the O-T
Zoning District
De Weerd: Item 7-E, F and G are public hearings on ZOA 15-001, RZ 15-001 and CUP
15-014. I will open these three public hearings with staff comments.
Parsons: Thank you, Madam Mayor, Members of the Council. The last hearing item this
evening is the Human Bean zoning text amendment, rezone, and conditional use permit
application. You can see here that the property consists 1.17 acres of land currently
Meridian City Council
July 28, 2015
Page 22 of 37
zoned R-4 in the city. Currently this property is owned by the Ada County and it was
acquired by them through the installation of the Meridian interchange -- or the Meridian
split corridor project. They are marketing this and hope to get this sold and developed
within the city and, again, they are the applicant on the subject application. The zone text
amendment tonight -- before you this evening consists of, one, modifying our allowed use
table. Currently in the Old Town zoning district we do not allow a drive-thru, so that's one
of the proposals this evening. And, then, the second change to our text amendment -- or
our zoning ordinance is to modify some of those specific use standards in accordance
with drive-thrus. One of the recommended changes by the applicant and supported by
staff is the requirement to allow all conditional use -- all drive-thrus require condition use in
the Old Town zoning district. Currently in our other districts it's either a principal permitted
or requires a conditional use, depending on whether or not they are adjacent to a single
family home or another drive-thru, but this proposed change would, again, be required for
all drive-thru uses in the Old Town District and, then, also because Old Town is meant as
a redevelopment area, the applicants also propose that speakers are prohibited in the Old
Town District and staff is supportive of that as well. So, it won't be obtrusive to the
adjacent residents in the area. One of the -- the other changes that's also proposed would
be -- make it clear that vehicles -- stacking lanes should have the net capacity to prevent
cars from blocking driveways, drive aisles, and public right of ways. I know there is some
out there where this happens on occasion and Council has brought that to staff's attention,
so they are modifying that. And, then, also the applicant is proposing stacking to be
allowed as access to designated employee stalls and I will get into that and show you how
that correlates to the applicant's site plan as I get into my presentation. The one item that
staff did not support and the Planning and Zoning Commission did not support as well was
the requirement to allow a greater stacking lane above a hundred feet before you require
that escape lane. Originally the applicant had proposed that we allow stacking lanes to be
up to 130 feet without escape lanes. Currently the code is restricted at 100 feet and,
again, we did not support that, nor did the Planning and Zoning Commission. So, the
applicant has provided a site plan for you to take under advisement tonight. That does
represent the sufficient stacking lane as currently written in the code with the 100 foot
requirement. As part of the application -- because the current property is zoned R-4, the
applicant is proposing to change that R-4 zone to the R -- the Old Town Zoning District,
which is consistent with the current land use map of Old Town as well. As I mentioned to
you here is the site plan that they were proposing and the original plan that was presented
to Planning and Zoning Commission included two access points to Northwest 1st Street.
One of staff's recommended conditions was that that driveway be eliminated and only one
access come off of Northwest 1st Street. As you can see here on the exhibit to the right,
they have made that modification to the site plan and the applicant also has a right-in,
right-out only access to Meridian Road, so cars will come off of 1st, enter, or they could
come in off of Meridian Road. So, those are the two access points currently proposed as
part of this site plan. I'd also preface that the conditional use permit that's before you this
evening is predicated on Council's approval of the zoning text amendment that I presented
earlier to you. The concept plan here this evening does show, essentially, three pad sites.
One along Cherry Lane, one along the south boundary, and, then, of course, the
conditional use does encompass the proposed Human Bean drive-thru, which is a coffee
kiosk and how it will be impacted or allowed within that zoning district. The applicant has
Meridian City Council
July 28, 2015
Page 23 of 37
provided a landscape plan. With the rezone from R-4 to Old Town there really isn't a
requirement for a landscape buffer along the arterial roadway as typically in a commercial
development we would see a 25 foot wide landscape buffer along Meridian Road and also
along Cherry Lane, which are designated arterial roadways. Again, with a rezone of -- to
the Old Town District the applicant can reduce that landscape buffer down to as small as
five foot landscape buffer that you see here. Because there is a rezone staff is
recommending that there is a development agreement with the rezone of that property. I
don't have an exhibit explaining all those, but there are quite a few DA provisions that I
can go through if the Commission -- or, excuse me, if Council would like me to. The
applicant did provide sample elevations for you. This is a typical example of what the
coffee kiosk would look like. In the Old Town zone all new construction is to have the
appearance of two story construction or be constructed as two story. You can see here
the applicant has provided and tower element to give the illusion or the appearance of
that. Another rendering that was provided was to represent the restaurant or retail use
that could also be proposed along that Cherry Lane frontage, if you will. You can see
here that the example here doesn't show a two story construction, but they are
conditioned in the staff report to go through that CZC design review process and at least
provide elevations that mimic two story construction. So, the Planning and Zoning
Commission did recommend approval at the July 2nd hearing. Testifying in favor was
John Rennison, the applicant's representative, and he also provided written testimony to
the staff report. One of the key issues of discussion by the Planning and Zoning
Commission was, basically, a cross-access driveway to the property to the south.
Currently -- this is a single family home to the south. At the Planning and Zoning
Commission it was open ended. Planning and Zoning Commission had to have one of the
applicants work with the adjacent property owner to see if they wanted the driveway
constructed now or are they happy with the applicant just granting a cross-access
easement and have -- at least have the landscaping put in and, then, when the property to
the south happens they would be responsible for constructing the driveway and removing
that landscaping. The conditions in the DA are pretty -- oh, I guess they are flexible to the
applicant and they said either depict the easement and install the landscaping or work
with the adjacent property to see what they want. And so those were -- the other changes
to staff's recommendation was the requirement for entryway signage along -- at the
intersection here. One of the conditions was required to remove some trees along, again,
the Meridian -- at least the Cherry Lane frontage and, then, that cross-access drive there
was the condition that the applicant either grant the easement, put in landscaping, or work
with the property owner and construct a driveway at this time. Hopefully, the applicant
can fill you in on what his discussions were with that adjacent property owner, if he, in
fact, did go out and talk with him yet. So, staff's recommendation this evening -- we are
recommending that you strike two conditions of approval that is represented in your
hearing outline, because those two conditions are 1.1.4B and 1.1.4C and the reason for
those to be stricken from the record -- or at least the condition to be stricken was the
applicant has modified the staff report to reflect those conditions. So, the revised staff
report -- or the revised site plan that is before you this evening takes into account those
conditions, so they are no longer applicable and no longer need to be part of the
conditions of approval. To staff's knowledge there aren't any outstanding issues before
Meridian City Council
July 28, 2015
Page 24 of 37
you this evening as part of the application. I will conclude my presentation and I will stand
for any questions you might have.
De Weerd: Thank you, Bill. Council, any questions for staff?
Bird: I have none.
De Weerd: Would the application like to make comment? Good evening. If you will,
please, state your name and address for the record.
Rennison: Madam Mayor, Members of the Council, John Rennison, 410 East State Street
in Eagle.
De Weerd: Thank you, John.
Rennison: And I never did figure out how to run this contraption here. But I love this
picture that you have here.
Parsons: John, you can just use the pen and, then, hit the arrows in the lower left-hand
corner there to advance your slide.
Rennison: So -- thank you very much, Bill, for the comprehensive review of our
application material. A couple things. I think it is very reasonably straight forward. I do
want to comment on a little bit of background and that is the complexity of this site. The
Ada County Highway District is the applicant here. They own the property. They have
been trying to sell it and my client has it under contract presently to pursue this project.
Previous to that there has been at least three other developers who has attempted to
develop this property and, to summarize, I think each of those have fell out of contract
because of the fact of access to this particular site is difficult. With the -- with the split
corridor project, medians went in on both Cherry Lane and Meridian Road. All right? So,
tonight you're looking at basically a right-in movement to this -- to this property, which is
really westbound -- or, excuse me, eastbound movement on Cherry and southbound
movement on Meridian. There are other ways to get in there, but, you know, those are
the two primary movements and so we believe that those are perhaps in our favor,
because that is seemingly the morning movement of traffic and morning is a good time to
stop in and get a cup of coffee. So, we feel that this use is very appropriate for this
location and that it has a good opportunity for success and so -- so we have gotten in front
of you and appreciate your consideration to allow us to rezone the -- the text amendment
to allow for drive-thrus within the zone on this location and, then, also the conditional use
to construct this building right here, which is, you know, very pleasing architecture. We
did just complete another one that's very similar to his down on State Street. We just
opened up here a couple weeks ago and it's more closer to the picture on the left-hand
side where we have enhanced the -- the pedestrian walk up and there is more of a -- there
is some columns out front and it's a little more pleasing to the pedestrian customer, a little
more inviting. We are just very pleased with how the architecture has turned out. It's very
-- a little unique and we think it will be a very nice entrance to the city, the downtown core.
Meridian City Council
July 28, 2015
Page 25 of 37
So -- also to that end with regard to the entrance to the downtown core, one of the
conditions -- 1.1.1C and 1.1.1D speak to the creation of some public art or some city
signage on the -- on the hard corner there to create this entrance to the downtown core.
We are a hundred percent for that. In fact, we have had just an initial meeting with -- with
MDC to discuss a partnership arrangement for that. We haven't vetted out all those
opportunities at this point, but that is something that we want to do. We think that this
should be a partnership arrangement to partner with MDC and for that matter possibly the
Meridian Arts Commission as well to create something special on that corner. What we
have done so far is we have essentially created a garden wall that's shown on our
landscape plan on our site -- site plan on the corner and one of the purposes of that for us
is to knock down the headlights and screen those as they come around through the drive-
thru. So -- but with that garden wall that's a perfect opportunity to have city signage to
some design that we haven't developed yet and we would, thus, like the opportunity to
partner with MDC and perhaps the city and plus Meridian Arts Commission to develop that
plan, cost share it, and implement it and to that end the one thing I didn't get addressed at
the P&Z meeting was, again, condition 1.1.1C and 1.1.1D. 1C reads: The applicant shall
provide -- I don't actually have all the body of the text here in front of me, but it says that
applicant shall provide this art and so on and so forth and we would like to amend that --
that condition to read that the applicant, in partnership with MDC and MAC shall provide
this -- this amenity and, again, we are -- we are a large proponents of it. We haven't -- we
don't have a detailed proposal for you to share. W e just haven't gotten to that point. We
really wanted to make sure that the city was in conformance with our proposed use here
before we got too far down the road with that component, but all that said, I think we did
address the condition 1.1.3C, which was to -- I think that got corrected in the -- from the
P&Z, which the P&Z -- or staff had recently requested trees that touch the canopies all the
way around the perimeter of the property and that's not very conducive for retail use and
we are asking to basically plant trees per our landscape plan, which is in conformance
with the city standards. And so with that I think I will close and ask if there are any
questions I can try to answer.
De Weerd: Thank you. Council, any questions?
Rountree: I have none.
Bird: I have none.
De Weerd: You know, I guess I would hesitate putting a requirement on to reflect a
partnership that is not yet committed to and as a condition. Certainly if -- if Council puts a
condition to have your entry sign that helps block the light, that's at your own design if the
partnership materializes, then, you can enhance that, but it's -- you don't want to have to
come back and change it, because you -- you don't -- you're not successful in getting the
partnership. That's all I'm -- I would caution is to put that in there and, then, you have to --
then you can't do it and you have to come back and change it.
Rennison: That's a great point. Thanks for bringing that up. And just to clarify a little bit
more -- so, we do intend to put the garden wall in. Really, what I think we are talking
Meridian City Council
July 28, 2015
Page 26 of 37
about is the street side of the garden wall there is an opportunity for signage and in front
of that garden wall there is an opportunity for annuals, a lot of color, and perhaps other
public art and so forth. We don't know what that component is and so happy to not have
-- take your advice and not put that in as a condition in case we can't get there. But it's --
just for the record, it would be our intention to develop some -- some plan that works for
everybody and implement it.
De Weerd: That's great. Thank you.
Rennison: Thank you.
De Weerd: Okay.
Borton: Madam Mayor? How is that provision addressed? Using this as an example, is it
at the very least almost a license agreement to allow us at a future date to place public art
there if it's not provided by the applicant? What needs to be preserved now to insure that
opportunity exists, if it actually occurs, you know, three, four, five years down the road?
De Weerd: I think that would just be a partnership between the private entity and MDC or
an agreement with the arts commission that, then, comes back through Council separate
as an agreement, not as a condition of approval.
Borton: Okay.
De Weerd: Okay. Thank you, John.
Rennison: Thank you.
De Weerd: This is a public hearing. Is there anyone who would like to provide testimony
on either of these three items? Okay. Yes, John.
Rennison: Thank you, again, for the opportunity. I forgot to clarify one issue and that was
the cross-access to the south, right in there. We are agreeable to that. We did approach
that -- that property owner to the south -- or the property owner didn't reside there. It
appears were unable -- unsuccessful to talk to the right people. So, that's seemingly a
challenge. But we are agreeable to the cross-access. Understand, you know, the
necessity for that and it's okay. So, I guess today our plan is to construct what's shown
here and provide that cross-access at the location -- an appropriate location, so which --
we can work through staff to establish where that goes. We are agreeable to that.
De Weerd: Okay.
Rennison: Thank you.
De Weerd: Thanks for that clarity. Okay. Council, any additional information needed?
Meridian City Council
July 28, 2015
Page 27 of 37
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: Move that we close the public hearing on ZOA 15-001, RZ 15-001 and CUP 15-
014.
Bird: Second.
De Weerd: I have a motion and a second to close the public hearing items on 7-E, F and
G. All those in favor say aye. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: It seems to make sense to require merely that cross-access and install the
landscaping, rather than place the driveway stub at the current time. If there was an
option there that seems to makes the most sense. But insure that the cross-access is
provided.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: On that subject refresh my memory. Are cross-access agreements recorded?
Parsons: Madam Mayor, Members of the Council, Councilman Zaremba, typically -- the
way this is worded is they would have to submit that recorded easement and go down to
the county and record it against the property and they usually provide that with a -- with a
first certificate of zoning compliance application is when we anticipate that. But, yes, they
have to record that with the county and it runs with the land.
Zaremba: I guess I would chime in support of what Councilman Borton said, it probably
should look like landscape, so that people aren't driving into the neighbor's property.
Surprise.
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: I move that we approve ZOA 15-001 with all staff and applicant testimony.
Bird: Second.
Meridian City Council
July 28, 2015
Page 28 of 37
De Weerd: I have a motion and a second to approve Item 7-E. Any discussion by
Council? Madam Clerk, will you, please, call roll.
Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
De Weerd: Item 7-F.
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: I move that we approve RZ 15-001 with all staff and applicant testimony.
Bird: Second.
De Weerd: I have a motion and a second to approve Item 7-F. Any discussion by
Council? Madam Clerk.
Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Milam: So, on this last one do we need to mention 1.1.1C? Okay. Madam Mayor?
De Weerd: Mrs. Milam.
Milam: I move that we approve CUP 15-014 with all staff and applicant testimony, and
removing condition 1.1.C and 1.1.D. And I don't remember what else. And 1.1.4B and
1.1.4C. And that the landscaping to the neighbors property is -- looks like landscaping,
but has cross-access recorded. Is there anything else?
Bird: Second.
Milam: What else? Trees?
De Weerd: Okay. I have a motion and a second and a question regarding the condition
of 1.1.3C that requires additional trees be deleted.
Bird: Yes.
Meridian City Council
July 28, 2015
Page 29 of 37
Milam: Yes.
De Weerd: The motion consider that?
Milam: Yes.
De Weerd: And second agree?
Bird: Second agrees.
De Weerd: Bill, can you tell me what -- and, I'm sorry, I didn't pull up the conditions, what
1.1.1C and 1.1.1D are. The request was to modify the condition which I think there was
an agreement that the modification shouldn't happen to request the partnership, but is it
appropriate to remove them?
Parsons: Madam Mayor, the way -- there is a development agreement in here. That
condition has been modified from the Planning and Zoning Commission to require the
partnership.
Milam: Oh.
Parsons: See if I can -- I think you should be able to see it there. Just let you look at this
and see how it reads. So, there is 1.1.1C and, then, D is below that.
De Weerd: Oh. They want to provide the garden wall, yet don't want to commit to the
public art and an entry sign unless there is a partnership and you don't want to remove
that, you want to have in the development agreement that the need for the garden wall as
a -- to block the headlights.
Milam: Right.
De Weerd: But I guess you would just want to modify the condition to remove the
requirement where the partnership exists and the public art and the entry sign are
required unless you want it there, but if you keep that and the partnership doesn't happen,
the requirement will still exist and the development would have to do that regardless.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: As I understood it he -- he's going to put the -- the wall in regardless.
De Weerd: Uh-huh.
Meridian City Council
July 28, 2015
Page 30 of 37
Bird: And this -- he can come and ask for a partnership later, as you explained and stuff,
so I think that we need to delete this -- these two provisions that -- and, then, if he -- if we
decide to put some public art he can come and talk to the art commission or MDC or the
city or something, but I don't see where -- I don't see where we want to make it a condition
of approval.
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: With regard to 1.1 -- or to D, regarding a traffic box, which has already been
approved by the arts commission and MDC, I believe, to get -- to be wrapped. So, that's
just allowing them to wrap it or is that requiring them to partner financially?
De Weerd: Mr. Nary?
Nary: Madam Mayor, Members of the Council, I am not certain that this particular box is
one of the ones that's been recently approved.
Milam: Okay.
Nary: So, I think this is for a future wrap, but -- unless the box is wholly on their property it
doesn't matter, because we would normally -- we would get a license with ACHD, because
it's their box. It's not the property owner's box. So, I'm not sure that D is needed. On C
Council Member Borton asked the other question of do you want to reserve a portion of
that for future for whether it's art or sign or something like that. Not necessarily mandate
the partnership, but reserve that space for that use. You have done that on other
properties, you have required they maintain a spot for a welcome to Meridian sign or
something like that. So, you can certainly put that -- amend that language if you would
like to do that, rather than delete it. But it -- again, it's certainly up to you either way. But I
think D is some that -- I'm not aware, unless the Planning Department has a different view
that it's necessary for it to be in this development agreement.
De Weerd: So, D can be removed and C modified?
Nary: Yes.
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: I would like to modify C to reflect some space being designated for public art and,
then, if an agreement is made later with MDC and the arts commission, then, that's great.
But at least we reserve that spot.
Bird: Second agrees.
Meridian City Council
July 28, 2015
Page 31 of 37
De Weerd: Okay. And discussion, Mr. Rountree.
Rountree: What all is the motion at this point? What am I voting on?
De Weerd: The motion is to approve this item with the changes recommended by staff to
delete condition 1.1.C3, to modify condition 1.1.1G and 1.1.3E. To require the applicant
to do the landscaping, instead of a driveway stub and to require the cross-access
easement. To remove 1.1.1D and to modify 1.1.1C to provide the garden wall and to
allow future space for public art and an entry sign should the partnership with the arts
commission and/or MDC come to fruition. Is that correct?
Milam: Yes.
De Weerd: Okay. And to include all applicant, staff, and et cetera.
Parsons: Madam Mayor, Members of --
De Weerd: I don't know why I even tried that, but it was fresh on my mind. Bill.
Parsons: I'm going to try not to complicate it any further.
De Weerd: Thank you.
Parsons: Simply put, the conditions that you're talking about modifying were already
modified by the Commission. That requirement for the cross-access agreement was
modified at the Commission hearing to have the applicant work with the adjacent property
owner. There is a provision -- a DA provision that says landscape it and grant the
easement or contact the property owner and construct it. So, I think you have covered it
in the staff report. If you don't like the language about the partnership simply strike it and
say build the wall as proposed. We have -- and C and D we say provide us a letter of
support from those agencies on the artwork. We have that there. So, if you don't think a
partnership -- that's technically saying give us a letter of support. That's not necessarily a
partnership, but it says, hey, you reached out to those folks and gotten comments. They
like it. Staff can say proceed forward with that.
De Weerd: So, proceed forward without the modification to C, but D should be removed,
because that is not pertinent to the --
Parsons: Well, if you go and look at that intersection, it is, basically, a metal box. It's a
silver box. And if you drive through downtown Boise -- staff felt that was a nice feature to
have, to get that wrapped, get something on that to make it attractive, so you're not
looking at a sterile box at the intersection and that's why we wanted that in there. If you
don't think that --
Meridian City Council
July 28, 2015
Page 32 of 37
De Weerd: Well, Human Bean could wrap it themselves and so -- but that should be up to
them instead of a condition.
Parsons: And that's within your purview to strike that.
De Weerd: The public hearing is closed, so I can't -- you can speak to anyone you want,
just not on the record. So --
Milam: Shall we start over? Maybe Bill should make the motion.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: I'm going to ask that we open the public hearing on Item 7-G for the purpose of
hearing -- in light of the --
De Weerd: The conversation.
Borton: -- the conversation to have the applicant an opportunity to respond on CUP 15-
014.
De Weerd: Okay.
Zaremba: Madam Mayor, I would second that and comment for the record that nobody
left the room during the period that it was theoretically closed.
De Weerd: That's great. So, I will ask Council the motion is to re -- reopen the public
hearing on this item, which is 7-G. All those in favor say aye. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
De Weerd; Now I will ask the applicant to, please, make comment. We have had some
conversation about 1.1.C and 1.1.D and we would love to get your comments.
Rennison: Thank you very much, Madam Mayor and Council. John Rennison again. I
appreciate you opening that back up. As I was just stating to staff, leaving the condition in
as stated will cause us a problem, because the last item says here: These items shall be
completed prior to issuance of the first certificate of occupancy and it's related to the CZC,
too. So, this project may likely move very quickly to construction to get the building going
and coming out of the ground and it's knowing how things work with all the various
agencies it may take us time to work out the details of the art and sign so forth and so we
are agreeable to setting aside that space for the function. For that matter we are
agreeable to working -- you know, helping lead the charge to figure out what that is and
what gets done there. So, we are grateful to space reservation and that's the purpose of
it. Now, with regard to the conditional use, that -- the conditional use does have -- shows
Meridian City Council
July 28, 2015
Page 33 of 37
the garden wall on our plans, so I believe that that is satisfactorily covered on the -- on the
conditional use application. So, the wall is taken care of. So, I believe that -- that we
could simply modify the -- oops. The one we were just looking at. That one right there.
C. We could modify that to say reserve space for artwork and sign, et cetera, as you had
previously requested. To me that would satisfy, based on what I observed here, what we
are trying to accomplish.
De Weerd: So, to modify providing -- provide those garden walls, but -- and reserve the
public art and entry sign opportunity, but don't make that contingent on issuance of the
certificate of occupancy.
Rennison: That would be sufficient. Yeah.
De Weerd: Okay.
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: So, regarding D, the traffic box, the way that I read that is they want -- are you
interested in purchasing a wrap for a traffic box on that corner to beautify the --
Rennison: I think that that should be a component of -- of the art and the sign and the
whole program for that corner. I think that's -- what's where that duty should fall and I
know that there is a campaign to cover them all and I applaud that effort, by the way. It
would be nice if the Ada County Highway District would lead that charge in advance, so
we don't come back and retrofit. All said, it's seemingly -- all that is so close together that
it -- there seems to be need -- a need for a comprehensive plan for all that piece, so we
will look at that comprehensive be -- you know, that -- we are happy to lead the charge,
but the financial implications could perhaps be an MDC as the entrance to the downtown
core or MACU or --
De Weerd: Or MAC. Right?
Milam: Madam Mayor? So, just so you know, if you do sponsor a box, though, you get to
pick the art and have your little -- your name, sponsored by -- just throwing it out there for
future --
De Weerd: And it's not expensive.
Milam: It's only 1,800 dollars I think.
Rennison: Is that what it is for the --
De Weerd: Not even that. Yeah. I think they came in --
Meridian City Council
July 28, 2015
Page 34 of 37
Milam: Yeah. We got them down.
De Weerd: -- under our price. Yeah. So, the wrap itself is a screaming deal that certainly
you could consider.
Milam: Good marketing.
Rennison: An ACHD traffic box.
De Weerd: Uh-huh.
Rennison: Looking for volunteers. So, we --
De Weerd: You could take it out of your fee. There you go. Okay. Any further questions
for the applicant?
Bird: I have none.
De Weerd: Any additional comments?
Rennison: I hope that is sufficiently covered and I appreciate the opportunity to speak
again.
De Weerd: Thank you. Okay. Council, anything further?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: If we don't need anything further, I would --
De Weerd: Talk in your mike.
Bird: If we don't need anything further, I would move that we close the public hearing on
CUP 15-014.
Milam: Second.
De Weerd: I have a motion and a second by Council Member Milam. All those in favor
say aye. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Bird: Now we got a motion.
Milam: You want to do it? Is it still on the floor?
Meridian City Council
July 28, 2015
Page 35 of 37
Bird: We didn't pull it.
Milam: We didn't pull it.
Bird: You have a motion out on the floor.
Milam: Shall we pull it and start over or --
De Weerd: Yeah.
Bird: You want to pull?
Rountree: Just restate it.
Milam: Uh?
Rountree: Just restate your motion.
Bird: Yeah. Restate it.
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: I'd like to restate my motion. I move that we approve CUP 15-014 with all staff
and applicant testimony. In regards to condition 1.1C, to modify it to remove the
partnership with MDC and MAC and list a designated area for public art that is not -- the
occupancy. I got that -- and to remove 1.1D and based on staff's recommendations, to
remove 1.1.4B and 1.1.4C.
Bird: Second.
Milam: Did I get it all?
De Weerd: I have a motion and a second. Any conversation or discussion from Council?
Madam Clerk, will you call roll.
Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Item 8: Ordinances
Meridian City Council
July 28, 2015
Page 36 of 37
A. Ordinance No. 15-1654: An Ordinance Amending Title 1, Chapter
6, Section 5, Meridian City Code, Regarding Compensation for
the Mayor of the City of Meridian
De Weerd: Thank you for bearing with us. Item 8-A is Ordinance 15-1654. Madam
Clerk, will you, please, read this ordinance by title.
Holman: Thank you, Madam Mayor. Ordinance No. 15-1654. An ordinance amending
Title 1, Chapter 6, Section 5, Meridian City Code, regarding compensation to the Mayor of
Meridian. Providing for a waiver of the reading rules and providing an effective date.
De Weerd: You have heard this ordinance read by title. Is there anyone that would like to
hear it read in its entirety? Hearing none --
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: I move that we approve Ordinance No. 15-1654 with suspension of rules.
Zaremba: Second.
De Weerd: I have a motion and a second to approve Item 8-A. Madam Clerk, will you call
roll.
Roll Call: Rountree, yea; Bird, absent; Zaremba, yea; Borton, yea; Milam, yea; Cavener,
yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
B. Ordinance No. 15-1655: An Ordinance Amending Title 1, Chapter 7,
Section 9, Meridian City Code, Regarding Compensation for the
City Council of the City of Meridian
De Weerd: Okay. Item 8-B is 15-1655. Madam Clerk, will you, please, read this
ordinance by title.
Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 15-1655, an
ordinance amending Title 1, Chapter 7, Section 9, Meridian City Code, regarding
compensation for the City Council of Meridian. Providing for a waiver of the reading rules
and providing an effective date.
De Weerd: Council -- I'm sorry. You have heard this read by title. Is there anyone who
would like to hear it read in its entirety? Don't see any takers. Council.
Meridian City Council
July 28, 2015
Page 37 of 37
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: I move that we approve Ordinance No. 15-1655 with suspension of rules.
Zaremba: Second.
De Weerd: I have a motion and a second to approve Item 8-B. Madam Clerk, will you,
please, call roll.
Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Item 9: Future Meeting Topics
De Weerd: Under 9 is there anything for future agenda considerations?
Rountree: I have none.
De Weerd: Hearing none, I would entertain a motion to adjourn.
Bird: So moved.
Milam: Second.
De Weerd: All those in favor say aye. All ayes.
MOTION CARRIED: ALL AYES.
MEETING ADJOURNED AT 7:41 P.M.
(AU EC—eRDFNG-O. FILE OF THESE PROCEEDINGS)
MAYOR T M D DATE APPROVED
O nPgen AUCVS
AT EST: r
t 1 \
City 0
7A CE -IOLMAN, CITY CLE FANO
SEAL
AyrAe °�n, rxcasuP�',Py