HomeMy WebLinkAbout2004 08-24Revised August 24, 2004
CITY OF MERIDIAN
CITY COUNCIL REGULAR MEETING
AGENDA
Tuesday, August 24, 2004 at 7:00 p.m.
City Council Chambers
Roll -call Attendance:
X Shaun Wardle X Bill Nary
X Charlie Rountree X Keith Bird
X Mayor Tammy de Weerd
2. Pledge of Allegiance: Bruce Mills - ACHD
3. Community Invocation by Pastor Kevin Moyer, with Meridian First
Baptist Church: Presented
4. Adoption of the Agenda: Approve
6. Consent Agenda: Approve
A. Approve Minutes of July 20, 2004 Pre -Council Meeting: Approve
B. Approve Minutes of August 10, 2004 City Council Regular
Meeting: Approve
C. Findings of Fact and Conclusions of Law for Approval: VAC
04-004 Request for a Vacation of a 20 -foot strip of property
extending from the Creason Lateral north approximately 810 -feet
for Salisbury Subdivision No. 2 by Woodside Properties — west of
North Meridian Road and south side of West Ustick Road:
Approve
D. Findings of Fact and Conclusions of Law for Approval: AZ 03-
036 Request for Annexation and Zoning of 19.7 acres from RUT to
R-8 zones for proposed Salisbury Subdivision No. 2 by Earl,
Mason & Stanfield, Inc. — south of West Ustick Road and west of
North Meridian Road: Approve
E. Findings of Fact and Conclusions of Law for Approval: PP 03-
042 Request for Preliminary Plat approval for 81 building lots and
11 other lots on 19.7 acres in a proposed R-8 zone for Salisbury
Meridian City Council Agenda — August 24, 2004 Page 1 of 4
All materials presented at public meetings shall become property of the City of Meridian.
Anyone dealt* accommodation for disabilities related to documents and/or hearings
please contact the City Clink's Office at 888.4433 at least 48 hours prim to the public meeting.
Revised August 24, 2004
Subdivision No. 2 by Earl, Mason & Stanfield, Inc. — south of West
Ustick Road and west of North Meridian Road: Approve
F. Findings of Fact and Conclusions of Law for Approval: CUP
04-016 Request for a Conditional Use Permit for a Planned
Development for reduced lot frontages, lot sizes and block lengths
that are less than the 500 foot minimum in a proposed R-8 zone for
Salisbury Subdivision No. 2 by Earl, Mason & Stanfield, Inc. —
south of West Ustick Road and west of North Meridian Road:
Approve
G. Development Agreement: RZ 04-007 Request for a Rezone of
10.69 acres from R-4 to R-4, R-8 and L-0 zones for Tiburon
Meadows Subdivision by Tiburon Meadows, LLC — 1450 and
1460 North Ten Mile Road: Approve
H.
J.
K.
L.
Approve Beer and Wine License for Limelight — 3575 East
Copper Point Drive: Approve
License Agreement for the Well 25 Flushing Line Project:
Approve
Approve
WWTP Headworks Modifications and Trunk Sewer Additional
Services: Approve
Contract for Downtown Meridian Transportation Management
Plan: Approve
M.
Sanitary Sewer and N
Academy by Meridian Scl
N.
Water Main Easement R
Co.: Approve
O.
Design of Well 10 By -pas
Survey: Approve
P.
Personal Services Contra
Whitman and Associates
services and plan review.,
City of Meridian: Approve
6. Department Reports:
Approve
R.T. Nahas
— Civil
le building inspection
constructed within the
Meridian City Council Agenda — August 24, 2004 Page 2 of 4
All materials presented at public meetings shall become properly of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents anNor hearings
please contact the City Clerk's Office at 888-0433 at least 48 bows prior to the public meeting
A. Mayor's Office:
1.
Revised August 24, 2004
appointment of others Approve
7. (Items Moved from Consent Agenda)
8.
at
re -
Lines by
9. Re -Adoption of Ordinance No. 04-1093 : RZ 04-007 Request for
a Rezone of 10.69 acres from R-4 to R-4, R-8 and L-0 zones for Tiburon
Meadows Subdivision by Tiburon Meadows, LLC — 1450 and 1460 North
Ten Mile Road: Approve
10. FP 04-051 Final Plat approval for 73 single-family residential building lots
and 11 common lots on 16.73 acres in a R-8 zone for Javdan Village
Subdivision by Packard Estates — 5325 West Ustick Road: Approve
11. FP 04-052 Final Plat approval for 45 building lots and 1 other lot on 10.69
acres in R-4, R-8 and L -O zones for Tiburon Meadows Subdivision by
Tiburon Meadows, LLC — 1450 North Ten Mile Road: Approve
12. TE 04-004 Request for a One Year Time Extension for the recording of
the Final Plat for Verona Subdivision No. 2 by Primeland Development,
LLC — northeast corner of West McMillan Road and North Ten Mile Road:
Approve to September 16, 2005
13. Public Hearing: FP 04-046 Request for Final Plat approval of Fulfer
Subdivision No. 3 (fka Lochsa Falls Sub) with the re -location of a building
lot in a previously approved open space area from phase 8 (fka phase 10)
due to the relocation of Tignes Avenue further to the north for Fulfer
Subdivision No. 3 by Kevin Powell — north of West McMillan Road and
east of North Ten Mile Road: Prepare Findings of Fact and
Conclusions of Law for Approval
14. Public Hearing: AZ 04-011 Request for Annexation and Zoning of 9.8
acres from RUT to R-8 and C -N zones for proposed Alexandria
Subdivision by Lonnie Johnson — 4205 North Locust Grove Road:
Attorney to Prepare Findings of Fact and Conclusions of Law for
Denial
15. Public Hearing: PP 04-017 Request for Preliminary Plat approval for 28
single-family residential and office building lots and two (2) common lots
on 9.8 acres in proposed R-8 and C -N zones for proposed Alexandria
Meridian City Council Agenda — August 24, 2004 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 hearings
please contact the City Clerk's Office at 88&4433 at least 48 hours prior to the public meeting.
Revised August 24, 2004
Subdivision by Lonnie Johnson — 4205 North Locust Grove Road:
Attorney to Prepare Findings of Fact and Conclusions of Law for
Denial
16. Public Hearing: CUP 04-015 Request for a Conditional Use Permit for a
Planned Development for reductions to the minimum requirements for lot
area, rear building setbacks, street side setbacks and minimum street
frontage for proposed Alexandria Subdivision by Lonnie Johnson — 4205
North Locust Grove Road: Attorney to Prepare Findings of Fact and
Conclusions of Law for Denial
17. Continued Public Hearing from July 20, 2004: MI 04-005 Request to
allow direct lot access to North Linder Road from an existing home on Lot
2, Block 2 of Cobblefield Crossing Subdivision by CMD, Inc. — south of
West McMillan Road and east of North Linder Road: Attorney to
Prepare Findings of Fact and Conclusions of Law for Denial
18. Continued Public Hearing from July 6, 2004: Trunk Line Water 8r
Sewer Assessment, Connection and Miscellaneous Fee Proposal:
Continue
19. Ordinance No. 04-1096 Plumbing Code Ordinance:
Approve
20. Ordinance No. 04-1097 Abatement of Dangerous Buildings
Amended Ordinance: Approve
Meridian City Council Agenda— August 24, 7004 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 hearings
please contact the City Clerk's Office at 88&4133 at least 48 bours prior to the public meeting.
Meridian City Council Meeting August 24 2004
The regular meeting of the Meridian City Council was called to order at 7:00 P.M.,
Tuesday, August 24, 2004, by Mayor Tammy de Weerd.
Members Present: Mayor Tammy de Weerd, Keith Bird, Charlie Rountree, William
Nary, and Shaun Wardle.
Others Present: Bill Nichols, Will Berg, Brad Hawkins -Clark, Brad Watson, Gary Smith,
Kenny Bowers, Jim Musser, and Dean Willis.
Item 1: Roll -call Attendance:
Roll call.
X Shaun Wardle X Bill Nary
X Charlie Rountree X Keith Bird
X Mayor Tammy de Weerd
De Weerd: Okay. Good evening. I will go ahead and call the regular City Council
meeting to order. It's Tuesday, August 24th, 7:15, and we will start with roll call
attendance.
Item 2: Pledge of Allegiance:
De Weerd: And although I didn't ask, we do value our community partnerships, and so I
would ask if Mr. Bruce Mills would love to come up and lead us in the pledge.
(Pledge of Allegiance recited.)
De Weerd: And, Bruce, since you're here with us once a month and just now got the
privilege of leading us in the pledge, here is your City of Meridian pin. Thank you.
Bruce Mills is with Ada County Highway District and we do value that partnership.
Item 3: Community Invocation by Pastor Kevin Moyer, with Meridian First
Baptist Church:
De Weerd: Item 3 is our community invocation, another partnership with our faith
community and take this moment of silence or join in the community invocation. We
have Pastor Kevin Moyer with Meridian First Baptist Church. Thank you for joining us.
Moyer: Let's pray. Our Father God, we are so thankful for your blessings of the day
and I know we are even appreciative of the cooler weather and the refreshment through
the rain you have given. We are especially thankful, Lord, for the great nation that you
have given to us, the unity that we have. And, Father, I know oftentimes we all have
different agendas and our battles can seem great, but we have greater things to rally
together around, what you have blessed us with, and the freedoms that we have and
Meridian City Council
August 24, 2004
Page 2 of 48
the freedom of this assembly tonight. Father, I also know you know our hopes and
maybe some of the plans and the dreams represented here this evening and pray
specifically that you would guide in those. Father, just give this Council in leadership
wisdom this evening as they deliberate through some of the different decisions and the
affairs of the night and I pray for those, too, who are here to share some of their hopes
and see what progress they can make and what freedoms they have to do things to
move forward for their families, for their community, that you would just guide in each of
these and I pray especially maybe watch over our attitudes, too, Lord. It's -- and you
know we need help with that. And just, again, the privilege that is ours to be gathered
like this. So many places around the world know nothing of this. We are, indeed,
grateful to you for it and our desire here to see the continued greatness of this city and
this community for our families, for our citizens, that we could be the best ever. So, to
that end we ask for your direction and guidance tonight. And thank you, again, for this
time, in Jesus' name, Amen.
De Weerd: Thank you, Pastor Moyer. And I would also like to give you a community
pin. Thank you.
Item 4: Adoption of the Agenda:
De Weerd: Item 4 is adoption of the agenda.
Bird: Madam Mayor?
De Weerd: Mr. Bird, it's nice to have you back to make these motions. We were lost
without you.
Bird: Yeah. You bet. I thought you were. I'll bet it didn't even get started. I move we
adopt the agenda as revised on August 24th, 2004.
Rountree: Second.
De Weerd: Its been moved and seconded to adopt the agenda as presented. All those
in favor say aye. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Item 5: Consent Agenda:
A. Approve Minutes of July 20, 2004 Pre -Council Meeting
B. Approve Minutes of August 10, 2004 City Council Regular
Meeting:
C. Findings of Fact and Conclusions of Law for Approval: VAC
04-004 Request for a Vacation of a 20 -foot strip of property
Meridian City Council
August 24, 2004
Page 3 of 48
extending from the Creason Lateral north approximately 810 -feet
for Salisbury Subdivision No. 2 by Woodside Properties — west of
North Meridian Road and south side of West Ustick Road:
D. Findings of Fact and Conclusions of Law for Approval: AZ 03-
036 Request for Annexation and Zoning of 19.7 acres from RUT to
R-8 zones for proposed Salisbury Subdivision No. 2 by Earl,
Mason & Stanfield, Inc. — south of West Ustick Road and west of
North Meridian Road:
E. Findings of Fact and Conclusions of Law for Approval: PP 03-
042 Request for Preliminary Plat approval for 81 building lots and
11 other lots on 19.7 acres in a proposed R-8 zone for Salisbury
Subdivision No. 2 by Earl, Mason & Stanfield, Inc. — south of
West Ustick Road and west of North Meridian Road:
F. Findings of Fact and Conclusions of Law for Approval: CUP
04-016 Request for a Conditional Use Permit for a Planned
Development for reduced lot frontages, lot sizes and block lengths
that are less than the 500 foot minimum in a proposed R-8 zone for
Salisbury Subdivision No. 2 by Earl, Mason & Stanfield, Inc. —
south of West Ustick Road and west of North Meridian Road:
G. Development Agreement: RZ 04-007 Request for a Rezone of
10.69 acres from R-4 to R-4, R-8 and L -O zones for Tiburon
Meadows Subdivision by Tiburon Meadows, LLC — 1450 and
1460 North Ten Mile Road:
H. Approve Beer and Wine License for Limelight — 3575 East
Copper Point Drive:
License Agreement for the Well 25 Flushing Line Project:
License Agreement with Nampa & Meridian Irrigation District.—
Clearbrook Subdivision:
K. WWTP Headworks Modifications and Trunk Sewer Additional
Services:
L. Contract for Downtown Meridian Transportation Management
Plan:
M. Sanitary Sewer and Water Main Easement for Meridian
Academy by Meridian School District:
Meridian City Council
August 24, 2004
Page 4 of 48
N. Water Main Easement for Central Park Plaza by R.T. Nahas
Co.
O. Design of Well 10 By-pass and Seven Flushing Stations — Civil
Survey:
P. Personal Services Contract between the City of Meridian and
Whitman and Associates. Inc. to provide building inspection
services and plan reviews for structures constructed within
the City of Meridian:
De Weerd: Item 5. Consent Agenda.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I thought I had taught Shaun how to take over, but --
De Weerd: You did.
Bird: He's falling down. I move that we approve the Consent Agenda as published and
for the Mayor to sign and the Clerk to attest on all proper papers.
Rountree: Second.
De Weerd: Thank you. It's been moved and seconded to approve the Consent Agenda
as presented. Any further discussion? Mr. Berg, will you call roll.
Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea.
MOTION CARRIED: ALL AYES.
Item 6: Department Reports:
A. Mayor's Office:
1. Appointment and Re -Appointments for Traffic Safety
Commission:
De Weerd: The next item, Item 6, is a little bit just cleanup in some sense with the
Traffic Safety Commission, assigning dates for the current members. We just updated
the ordinance and added several citizens in and so you have -- you should have -- okay.
You should have that on your computer screen.
Bird: The safety commission or the traffic commission, Madam Mayor?
Meridian City Council
August 24, 2004
Page 5 of 48
De Weerd: The Traffic Safety Commission.
Bird: Okay.
Berg: Madam Mayor?
De Weerd: Yes, Mr. Berg.
Berg: Just to reiterate what you had spoke of, we assigned specific seats and
expiration dates of the current commission and, then, you had also wanted to appoint --
De Weerd: A new one as well.
Berg: Tony Sanders as a new member.
De Weerd: Yes.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Did you -- now, did you want to reappoint the existing ones?
De Weerd: I think -- yes.
Bird: And you have got their dates and everything?
De Weerd: Uh-huh.
Bird: And, then, the appointment of the new one.
De Weerd: Yes. And we still are looking for a citizen that is south of 1-84 that has the
desire to serve on this commission.
Bird: Within the city or --
De Weerd: Within the city.
Bird: Okay.
De Weerd: So, are there any questions? I would entertain a motion to approve the re-
appointments and the appointment of Tony Sanders.
Wardle: So moved.
Meridian City Council
August 24, 2004
Page 6 of 48
Bird: Second.
De Weerd: Okay. It's been moved and seconded to approve the reappointments and
the appointment of Tony Sanders. Is there any further discussion? Mr. Berg, will you
call roll.
Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea.
MOTION CARRIED: ALL AYES.
Item 7: (Items Moved from Consent Agenda)
De Weerd: Thank you. Okay. There were no items moved from the Consent Agenda.
Item 8: Request to connect to Meridian City Water & Sewer Service Lines by
Joe and Katy Simunich at 2715 Venable Lane:
De Weerd: Item No. 8 is a request to connect to Meridian city water and sewer
services by Joe and Katy Simunich and, Mr. Smith, would you like to -- at least to
introduce this?
Smith: Thank you, Madam Mayor, Council Members. Joe approached me with the
request to make a connection to this piece of property on which he and Katy are
building a new home. It's, as I understand it, part of his parcel that he farms out there,
outside of the piece that is under consideration for development. I expressed to Joe at
that time that the policy that I had been directed to follow was to either require
annexation of a property that is contiguous to existing city limits or have the property
owner enter into an agreement to annex at a future time when the property is
contiguous in order to have service connection to the city sewer and/or water system.
And so in that regard, Joe has written a letter requesting that this decision that I made
be -- it's an appeal to that decision to you as the Council and Mayor. And Joe points out
correctly in his letter the things that he has provided for the city and I agree with those
comments and respect both he and Katy for what they have contributed to the city. So,
I just expressed to him that it's a policy decision that I was not able to make, other than
what the policy has been, as you have directed previously.
De Weerd: We appreciate that, Gary. And I believe that Mr. Simunich understands the
predicament you were in and that's why he appealed and is here with us tonight. And,
Mr. Simunich, would you like to add anything? We do have your letter in front of the
Council as well.
Simunich: No. I think the letter is there for the request, so I --
De Weerd: Okay. Council -- or do you have any questions for Mr. Simunich or staff?
Bird: I don't.
Meridian City Council
August 24, 2004
Page 7 of 48
Nary: Madam Mayor?
De Weerd: Mr. Nary.
Nary: I guess maybe I'm not totally clear. I assume when Mr. Simunich said that his
property is completely surrounded by the city, there is no issue that he isn't contiguous.
The only issue is whether or not he wants to choose to annex. Am I mistaken?
Because you said there is two options, you can either choose to annex now or you can
enter into an agreement to annex at the point that you were contiguous.
Smith: Yes.
Nary: And he is contiguous.
Smith: He is contiguous. Correct.
Nary: Okay. And maybe, then, Mr. Simunich --
De Weerd: If you can, please, come up to the podium.
Nary: I guess what I'm unclear with is what's your reason that you don't want to annex
now? Because you didn't really tell us that in your letter.
Simunich: I'm Joe Simunich, I reside at 955 West Ustick. Councilman Nary, at the
present time I am not interested, I'm going to keep it in agriculture at least for the
present time and I'm concerned about the ordinances that the city might impose on me
and I have tried to determine and find out some of those and I was unable to get those
from planning and zoning as to what I can or cannot do with seven acres that would be
totally surrounded by the city limits.
Nary: Are you concerned that you wouldn't be able to continue to farm your property?
Is that what you mean?
Simunich: I don't -- I'm sure I could farm it, but I don't know what the ordinances are.
Can I keep chickens? Can I keep hogs? What might be the restrictions?
Nary: He could probably answer that.
De Weerd: Brad.
Hawkins -Clark: Madam Mayor, Members of the Council, Mr. Simunich, the ordinance
says that, essentially, whatever is presently on the property can be maintained. If the
head of cattle, for instance, or anything else is off the property for one year, then, those
agricultural rights are lost. So, there are, essentially, agricultural uses grandfathered in.
We do -- we have in the past asked for some evidence as to, for example, the number
Meridian City Council
August 24, 2004
Page 8 of 48
of head of cattle that might be there today and so that its not increased dramatically or
increased at all. Essentially, what is there today there is a right to be there. I guess one
question here, of course, is the difference that -- that what is currently farmed is
probably greater than seven acres and so there is a concentration that would happen,
which the ordinance really doesn't address that, but it does say that the existing ag uses
can continue as long as the -- as long as they are not increased in number or if it's
stopped for one year, then, the rights go away altogether.
Simunich: It's quite possible I might want to take a year's vacation and not keep
anything on the property and, then, when I come back you people say no. So, that's
one reason I don't want to be annexed is because of these ordinances.
De Weerd: Mr. Nary, did you have any follow-up questions?
Nary: No. That was the question I had. Thank you.
De Weerd: Thank you. Any further questions from Council?
Bird: I have none.
De Weerd: Okay. Thank you, Mr. Simunich.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: Not -- new to this policy since previous on the Council, because we used to
have another policy. Is our policy based in ordinance or resolution or just practice?
De Weerd: Mr. Nichols?
Nichols: Madam Mayor, Members of the Council, it's been based in practice and let me
explain the origin of that practice and that -- Boise city experienced a great deal of
resistance to annexation to those that were receiving city services, specifically sewer
services, and one of the problems that occurs when services are extended into the
county when annexation hasn't occurred or there isn't a written agreement to annex, is
that you will never get them annexed without a fight. Now, Mr. Simunich and his wife
and family have contributed a lot to this city and I think everybody recognizes that, so
they are in a different position, but at such time as they sell that seven acres, it's also
going to be beyond the five acre minimum that you have to have to annex a piece, so
you could have a seven acre county enclave there for a very very long time and so city's
typically have water and sewer services which is a carrot, if you will, that they exchange
for annexation. But that's where the policy originates, Councilman Rountree, was to try
to sort through that and not layoff problems onto future councils.
Nary: Madam Mayor?
Meridian City Council
August 24, 2004
Page 9 of 48
De Weerd: Yes, Mr. Nary.
Nary: Maybe even to expand on that, the city of Boise, at the request of the county
commissioners about 15 to 20 years ago extended sewer services into the county at
their request and what they did was to assure that they would become part of the city as
they required upon sale of those properties, they would annex into the city as long as
they were contiguous. Over time that was the practice and policy that the city of Boise
followed and what happened is they didn't have a written agreement to that effect and
now the current county commission said you can't do that and those aren't -- those
aren't mandatory requirements that those people have and they are not going to assist
in enforcing those agreements. And so Mr. Nichols is right, it can become a hornet's
nest later. Not for Mr. Simunich necessarily, but as a policy or a practice to have an
inconsistent practice to that can very problematic in the future.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Mr. Nary, then, you're saying that the ones that you had problems in Boise with
did not have an agreement in place?
Nary: Right. Well, the county is saying the agreement is not enforceable, because it
was in the county.
Bird: Oh, they did have an agreement, but the --
Nary: That's their claim. I don't know where we are at with it right now, but that was
their claim.
Nichols: Madam Mayor?
De Weerd: Mr. Nichols.
Nichols: Mr. Simunich, if I could ask a couple of questions. Mr. Simunich, as I read
your letter, it appears -- did I correctly read that you may have some plans to develop
the rest of seven acres at some point in the future, perhaps?
Simunich: Well, of course, Mr. Nichols, I don't know what the future holds. We
anticipate building a residence on that seven acres. We would like to connect to city
services, both for the environment and for the future and, of course, what the future
holds I don't know. So, whether it would -- at the present time we don't plan to develop
it, but, eventually, I'm sure it will be developed. It will be totally surrounded here within a
year or so by the city and residential subdivisions. Anymore questions?
Meridian City Council
August 24, 2004
Page 10 of 48
Nichols: Yes, I do. Madam Mayor. Mr. Simunich, would you have a problem if the -- if
the Council could condition the services on annexation at such time as you sold the
property?
Simunich: Well, I'm sure when it sold it most likely will be for residential. But, again,
that's something I can't guarantee. I might die and my kids become owners of it and I
don't feel I want to encumber them with something. But also I would like to state several
years ago I was not in this city, the city wanted a sewer line, I granted them a free sewer
line, access to the sewer line. They wanted another sewer line. They put it where they
needed to go and saved them a considerable amount of money. You needed an
access to the park from 12th Street, I donated a third of an acre at no cost to the city.
Again, you needed a bike path. If I hadn't donated the strip of land at the back of our
place, the bike path would have two dead ends, one from Linder and one from Meridian
Road. So, now you people are putting me through this third degree and I don't think I'm
asking anything that's out of the ordinary. So, all I would like for the city is to make the
decision however you feel is fit and, then, we will take it from there. Thank you.
De Weerd: Council, any further questions?
Bird: I have none.
De Weerd: Okay. Any direction that you would like us to take on this? Or response?
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I don't believe it's a question of the city appreciating the Simunich's offerings
in the past, I think we really do. The question is if we do this, do we establish a
precedent that -- not these fine folks, but the next folks might want the same sort of
thing. I personally am inclined to respond favorably to their request and suggest that we
approve their hook up with city sewer and water based on normal procedures and not
condition the annexation policy that we have in the past.
Bird: Second.
De Weerd: That was a motion?
Rountree: Sure.
Bird: Sure, it was.
De Weerd: Okay. We have a motion to approve the connection to city water and sewer
with no conditions.
Nary: Madam Mayor?
Meridian City Council
August 24, 2004
Page 11 of 48
De Weerd: Mr. Nary.
Nary: And, again, I don't think -- I agree with Mr. Rountree, I don't think it's a reflection
on Mr. Simunich or what he's done for the city in the past, but I just can't in good
conscious support something that has no conditions on it and no assurance in the future
that this property will ever be annexed. It probably will be and it makes sense, but,
honestly, it is the only carrot we have is to be able to supply that with the condition that
it become part of the city. It doesn't make any sense for that property not to be part of
the city at some point in the future, but without that condition I can't support this.
Wardle: Madam Mayor?
De Weerd: Mr. Wardle.
Wardle: A point of clarification. Mr. Rountree, did your motion include the hook-up for
sewer and water for the single residence: Is that the request?
Rountree: Yes.
Wardle: Okay.
Rountree: For a single residence.
Bird: That's all he's asking for.
De Weerd: The motion is to approve the request. If there is no further discussion, I will
ask Mr. Clerk for a roll call.
Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, nay.
MOTION CARRIED: THREE AYES. ONE NAY.
De Weerd: Mr. Simunich, I guess the next step for you is to get in touch with our Public
Works Department and -- so your request has been approved. Okay. Thank you.
Item 9: Re -Adoption of Ordinance No. 04-1093: RZ 04-007 Request for a
Rezone of 10.69 acres from R-4 to R-4, R-8 and L -O zones for Tiburon
Meadows Subdivision by Tiburon Meadows, LLC — 1450 and 1460 North
Ten Mile Road:
De Weerd: Okay. Item 9 is readoption of Ordinance No. 04-1093 for AZ 04-007. Mr.
Hawkins -Clark? Or is it Mr. Berg? I'm sorry.
Berg: Madam Mayor, I will take the responsibility on this one. This ordinance was
approved, but the development agreement was not yet in our hands and on the Consent
Meridian City Council
August 24, 2004
Page 12 of 48
Agenda you approved the development agreement, but while waiting for that
development agreement we had to hold this ordinance past the ten days after adoption,
so we need to readopt this ordinance. And, then, if you notice in the next item on your
agenda is a final plat, so it had to be done in an orderly fashion.
De Weerd: Thank you. We appreciate your attention to procedure. So, I will need a
motion to approve this ordinance.
Wardle: Madam Mayor?
De Weerd: Mr. Wardle.
Wardle: I move that we readopt Ordinance No. 04-1093.
Nary: Second.
De Weerd: It's been moved and seconded to adopt and approve Item No. 9. Mr. Clerk,
will you call roll?
Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea.
MOTION CARRIED: ALL AYES.
Item 10: FP 04-051 Final Plat approval for 73 single-family residential building lots
and 11 common lots on 16.73 acres in a R-8 zone for Jaydan Village
Subdivision by Packard Estates — 5325 West Ustick Road:
De Weerd: Thank you. Item 10 is FP 04-451. Now, Mr. Hawkins -Clark.
Hawkins -Clark: Thank you. This final plat is -- encompasses the full preliminary plat
that you saw a couple of month ago, Jaydan Village. The final plat does substantially
comply with the preliminary plat. The one item that I would point out is you should have
received not just the main staff report on this, dated August 24th -- for the hearing date
August 24th, but also a -- just a one paragraph memo from Sonya Allen and Bruce
Freckleton that asked for an addendum to our staff report and, essentially, that
addendum just says that there is a lot that does not quite meet the minimum square
footage that was approved under the preliminary plat and so they are going to just need
to shift a lot line, so besides approving the final plat, if you include that addendum, then,
staff does support it and we'd just ask that you include both memos. Thank you.
De Weerd: Brad, have you heard from the applicant? Are they in agreement?
Hawkins -Clark: I'm sorry. Yes, I did talk with Mr. Brown, Kent Brown, with Briggs and
he did tell me verbally that they read through the staff report and were in agreement.
Meridian City Council
August 24, 2004
Page 13 of 48
De Weerd: And since he's not shaking his head in contradiction to that statement, I
assume that he doesn't need to get up and speak. Okay. Council, do you have any
questions for staff or the applicant? Okay. Hearing none, do I have a motion?
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I move that we approve Item 10, FP 04-051, final plat for Jaydan Village,
subject --
Bird: And include the amendment.
Rountree: -- subject to all city comments and addendums.
Bird: Second.
De Weerd: It's been moved and seconded to approve Item No. 10. If there is no
further discussion, Mr. Berg.
Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea.
MOTION CARRIED: ALL AYES.
Item 11: FP 04-052 Final Plat approval for 45 building lots and 1 other lot on 10.69
acres in R-4, R-8 and L -O zones for Tiburon Meadows Subdivision by
Tiburon Meadows, LLC — 1450 North Ten Mile Road:
De Weerd: Item 11 is FP 04-052. We will start with staff comments.
Hawkins -Clark: Thank you, Madam Mayor, Members of the Council. This is the final
plat request for Tiburon Meadows Subdivision. This is on the east side of North Ten
Mile Road. The subdivision does include a couple of different zones that were on your
agenda tonight as far as the rezone. The plat -- the main change that was made, here
on the north side, Mrs. Hewett, who was, I understand, the previous owner, sold the
property to the developer, did ask that her existing residence on the north side of this
entry road be enlarged slightly. There used to be a new build -able lot to the east of the
existing house for Mrs. Hewett and there was a lot removed. So, other than that, the
preliminary plat -- I'm sorry, the final plat does substantially conform. They did widen
this entry road to meet Ada County Highway District standards for a local commercial.
The existing church is here and the main access will come off of that. So, I think all of
the other issues from the preliminary plat were addressed with this, except for one item
and I think Mr. Watson has a comment on that.
Watson: Madam Mayor, Council Members, I had a brief discussion with the developer
right before the meeting regarding site specific comment number 12, referring to the
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August 24, 2004
Page 14 of 48
requirement for eight foot wide side lot easements. We can change that comment to
say that those easements are not required, as long as no interior fencing is constructed
on the interior lot line between Lots 19 and 20 and Lots 31 and 32 of Block 1 and
eliminate the need for the eight -foot wide easements. And that's all I had. Thank you.
De Weerd: Thank you, Brad. Any questions for staff at this time?
Bird: I have none, Mayor.
De Weerd: Does the applicant have any further items to raise? No?
Hawkins -Clark: Staff did review all the other conditions, other than the one that was just
up on that easement. Mr. Sargent said he was in agreement.
De Weerd: Okay. Thank you. Okay. Council, what would you like to do?
Wardle: Madam Mayor?
De Weerd: Mr. Wardle.
Wardle: I move that we approve Item No. 11, FP 04-052 and to include all staff
comments, specifically referring to the eight -foot easement on interior lots.
Nary: Second.
Bird: Second.
De Weerd: Okay. It's been moved and seconded to approve Item 11 with the amended
language. Is there any further discussion? Okay. Hearing none, Mr. Berg.
Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea.
MOTION CARRIED: ALL AYES.
Item 12: TE 04-004 Request for a One Year Time Extension for the recording of
the Final Plat for Verona Subdivision No. 2 by Primeland Development,
LLC — northeast corner of West McMillan Road and North Ten Mile Road:
De Weerd: Item 12 is TE 04-004. Brad.
Hawkins -Clark: The time extension request is pretty proforma for us. They are simply
asking for a one-year extension to record the final plat, which has already been
approved by City Council. They did submit their application before the deadline and
staff has no opposition to granting a one year extension on that.
De Weerd: Okay. So, Brad that would be to September 16th, 2005, the extension?
Meridian City Council
August 24, 2004
Page 15 of 48
Hawkins -Clark: That's correct.
De Weerd: Okay. Council, do you have any questions?
Bird: Madam Mayor?
De Weerd: Yes, Mr. Bird.
Bird: I move that we have approve the one year time extension to September 16, 2005,
for TE 04-004.
Rountree: Second.
De Weerd: Okay. It's been moved and seconded to approve the time extension for
Item 12. Is there any further discussion? Mr. Berg.
Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea.
MOTION CARRIED: ALL AYES.
De Weerd: Okay. By ordinance we are required to swear in any of our public and
applicants that wish to participate in the public hearing section of our agenda, Items 13
through 17, and so if you will -- I'm sorry. Eighteen. If you would, please, raise your
right hand, for those that would like to provide testimony. Is the testimony you provide
tonight the truth, the whole truth, and nothing but the truth? If so, answer I will or yes.
(Affirmative answers.)
Item 13: Public Hearing: FP 04-046 Request for Final Plat approval of Fulfer
Subdivision No. 3 (fka Lochsa Falls Sub) with the re -location of a building
lot in a previously approved open space area from phase 8 (fka phase 10)
due to the relocation of Tignes Avenue further to the north for Fulfer
Subdivision No. 3 by Kevin Powell — north of West McMillan Road and
east of North Ten Mile Road:
De Weerd: Okay. Item 13 is a Public Hearing for FP 04-046 for Fulfer Subdivision No.
3. We will open this Public Hearing with staff comments.
Hawkins -Clark: Sorry. We had our slide show for the previous agenda, not the revised
one. Here we go. Fulfer? Is that the correct one?
De Weerd: Yes.
Hawkins -Clark: Okay. The reason this final plat is a Public Hearing, unlike most final
plats, is due to a modification that was made between this final plat and the preliminary
Meridian City Council
August 24, 2004
Page 18 of 48
plat. The preliminary plat for this was approved under Lochsa Falls and this is the
portion of Lochsa Falls that is towards their western edge. This is McMillan Road on the
south and, then, this is a future main entry road off of McMillan here. And, generally, it's
this area that came in under the final flat. There was an ownership change that
occurred, which normally is not an issue. The reason that it's in before you now is it has
to do with this area up here in the northeast part of the final plat. I'll just go to the next
slide. This is, again, the entry road down here and, then, it splits and picks up here.
Now, up in this northeast corner there is -- there was a modification that had to be made
to Lochsa Falls final plat number eight, which is to the north of this phase, and there
was a slight modification there that it -- to a roadway alignment that required a build-
able lot to be removed and that build -able lot has shifted now to this location right here
to the east of this, so all of what I'm outlining here was approved as an open space
storm water lot and so they have added this new lot here, which means the property
owners to the east -- of course, right now there are no existing houses. Staffs
understanding is that the lots to the east have been purchased by the builders and are
not owned by either developer. So, it's a change in that the preliminary plat showed
there to be open space adjacent to these two lots and now there is a small amount of
open space with a new build -able lot. As far as the amount of open space, this lot here
on the west side of the collector road does have an increased amount of open space
and staff reviewed the total amount of open space for the project and found that it,
actually, exceeds what was originally approved. So, with the exception of that
modification, the final plat does conform to the preliminary plat and we just wanted to
basically make this opportunity available to the public and the builders that this new lot
shifted locations. So, other than that, we would recommend approval with our
conditions.
De Weerd: Thank you, Brad. Any questions for staff at this time?
Bird: I have none, Mayor.
Rountree: Madam Mayor?
De Weerd: Yes, Mr. Rountree.
Rountree: Brad, does Lot 3, then, still remain a storm water detention?
Hawkins -Clark: Let's see. This Lot 3 here on the --
Rountree: Yeah. The remainder.
Hawkins -Clark: I believe it does. I will have to just verify that. Well, the note shows it to
be a common lot. It, actually, doesn't call it out as having a storm drain easement on it.
Maybe we can get classification from the engineer.
Rountree: That would be good.
Meridian City Council
August 24, 2004
Page 17 of 48
De Weerd: Okay. Is the applicant here? If you will, please, just state your name and
address.
Fluke: Thank you, Madam Mayor. Daren Fluke, 250 South Beachwood in Boise,
representing the applicant. We are accommodating all the drainage on this lot here and
so this will be open space, but it's not taking any of the drainage. There is drainage
right on the other side of this that's in Lochsa Falls to the east, however, and I don't
want to confuse this issue anymore than it already is, I'll just tell you that this was the
original property line. There were at least two landowners of Lochsa Falls, one of them
being the Gibson family, who owned this parcel here, and from the time that it was
preliminary platted until now they were not able to reach an agreement with the other
developer of Lochsa Falls and so this was sold to another developer and that's where
the confusion comes in. When this parcel was sold, they had to reconfigure a road that
came down through here and in doing so this got a lot bigger, a lot shifted from up here
to right there, and that open space got somewhat smaller by about 13,000 square feet.
Rountree: Thank you. That answered my question about capacity for the drainage.
Fluke: Okay.
De Weerd: Okay. Any questions --further questions for the applicant? Any comments
you would like to make? You're in agreement with all conditions?
Fluke: We are.
De Weerd: Okay. Okay. I'm sorry. This is an open Public Hearing. Is there anyone
who would like to provide testimony on this application? Okay. Hearing none --
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I move that we close the Public Hearing for Item 13, FP 04-046.
Bird: Second.
De Weerd: Okay. It's been moved and seconded to close the Public Hearing on Item
13. All those in favor say aye. All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Meridian City Council
August 24, 2004
Page 18 of 48
Rountree: I move that we approved the request for final plat for Item 13, FP 04-046,
subject to all staff comments.
Bird: Second.
De Weerd: It's been moved and seconded to approve Item 13. Is there any further
discussion? Mr. Clerk, will you call roll.
Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea.
MOTION CARRIED: ALL AYES.
Item 14: Public Hearing: AZ 04-011 Request for Annexation and Zoning of 9.8
acres from RUT to R-8 and C -N zones for proposed Alexandria
Subdivision by Lonnie Johnson — 4205 North Locust Grove Road:
Item 15: Public Hearing: PP 04-017 Request for Preliminary Plat approval for 28
single-family residential and office building lots and two (2) common lots
on 9.8 acres in proposed R-8 and C -N zones for proposed Alexandria
Subdivision by Lonnie Johnson — 4205 North Locust Grove Road:
Item 16: Public Hearing: CUP 04-015 Request for a Conditional Use Permit for a
Planned Development for reductions to the minimum requirements for lot
area, rear building setbacks, street side setbacks and minimum street
frontage for proposed Alexandria Subdivision by Lonnie Johnson — 4205
North Locust Grove Road:
De Weerd: Okay. If there is no problem, I'd like to open 14, 15, and 16, Public Hearing
AZ 04-011, Public Hearing PP 04-017, and CUP 04-015. We will open these three
public hearings with staff comments.
Hawkins -Clark: Madam Mayor, just for clarification, was -- did we here at staff table
miss that Cobblefield Crossing Item was taken off the agenda or --
De Weerd: I don't know. It's not on here.
Rountree: It's not on our agenda. Oh, yeah, it is. It's 17.
De Weerd: Oh, I'm sorry. It's after these three.
Hawkins -Clark: Oh. Okay. So, we are working on the revised revised agenda. Okay.
De Weerd: We are on Alexandria Subdivision.
Hawkins -Clark: Okay. Let's see. The Alexandria Subdivision, Madam Mayor,
Members of the Council, this is a -- two existing parcels that are on the west side of
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August 24, 2004
Page 19 of 48
North Locust Grove Road. Both of them approximately five acres in size, under single
ownership, and being asked for annexation, zoning, preliminary plat, and conditional
use on both. So, it's, essentially, being brought through as a single development.
Surrounding properties, Ada County subdivision, one -acre lots, generally here on the
east side. There is Razzberry Crossing. The preliminary plat layout is not shown here,
but it is immediately to the north, and City Council approved that a couple months ago.
Final plat is coming through to you in a few weeks. Then, the Havasu Creek, Cobre
Basin, project is around Razzberry Crossing and the Heritage Common Subdivision is
to the south. There are also two Ada County properties that are in between the
proposed Alexandria and Heritage Commons that remain in Ada County. So, the
application number 15 is requesting a rezone to R-8 and C -N. There is two zone
requests on the property. The property is designated within a mixed-use neighborhood
center neighborhood, so it's the smallest of our three neighborhood center categories
and it's on the very edge of the center, which fronts on Locust Grove Road. You can
see from the aerial that there is an existing residence on the very back western edge of
the property. The rest of it is open field. Here is the preliminary plat that the Planning
and Zoning Commission forwarded on for approval. There is an existing agricultural
road, which I guess doesn't show up on this. It's underneath this black line, essentially,
between the two -- the two properties north and south. And that does have -- I believe
it's 30 -foot wide ingress -egress easement for -- that is enjoyed by both of these
properties. What they are proposing is to abandon the initial entrance off of Locust
Grove Road for that rural ag road and, then, construct a new entry road on the north
boundary, a portion of which has already been approved. It's Razzberry Crossing, so
this project would, essentially, finish the construction of that on the south side, bringing
an entry and, then, they have a proposed nonresidential project here in front that has
four office retail lots and, then, all residential behind. There is a new roadway proposed
on the south boundary and that is where the sewer and water would -- the mains would
go, would be in that new roadway and, as you can see, this black line represents the
existing property line, so there is 15 feet on the south side that is on the southern
property owner's land. And I think I'll just let the applicant maybe go into anymore detail
or any questions that the Council might have on that, but the way that this is conditioned
by both the city and Ada County Highway District is that in order for this -- essentially
this whole project to be approved is they are going to have to work together -- they
being the developer, the applicant, and the properly owner to the south, to dedicate this
new road, 25 feet would be on the Alexandria side and, then, 15 feet on this side, that
would be 40 feet, which is plenty to get roads -- to get cars back and forth and, then, if
the property on the south develops, they would build another ten feet to get a standard
50 feet right of way. So, that roadway would, then, come back and, then, serve the
existing house that I pointed out on the aerial. They are proposing to extend the stub
street that was approved as part of Razzberry Crossing here. Their open space is
pretty centralized. Planning and Zoning Commission was in support of this layout.
Most of the lots -- residential lots in the subdivision back up or front onto it. And, let's
see, on the next slide there is a conceptual landscape plan. It was slightly revised
between the Planning and Zoning Commission and the City Council and this, I believe,
does reflect that. There is a few new species that they are adding. Here is an elevation
of the office -type building that they are proposing up in front and another view of
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August 24, 2004
Page 20 of 48
another potential building out there. Single level. Some brick work on there. And then,
the last slide here shows the gazebo that they have proposed, one of these types. As
you can see, all from the same manufacturer. The letter that we received for tonight's
hearing, dated August 8, from Lonnie Johnson, who is the current property owner, does
reference this gazebo and says that they will either design and build them themselves
or they will buy the kit, but that they will construct this. And, then, similar, there would
be a barbecue area in this common open space here in the middle. And, then, the other
amenity that they are proposing is thought to have some ingenuity to it, a grand -tot lot,
and the application -- or the letter states that -- that that will, basically, be for ages three
to five and mainly a swing or two, with a small slide. So, those are the proposed
amenities, that gazebo and the play equipment and, then, the barbecue area. And,
then, I guess the last thing to mention, there is -- on the Conditional Use Permit they
have proposed some reductions to the setbacks that are standard for the R-8. Let's
see. Let's see. Those are -- and, again, this is for the residential rear being ten feet,
normal is 15. Street side is proposed to be 12, standard is 20. Lot size proposed to be
5,500 square feet. Standard is 6,500. And, then, on frontage requirements, standard
city is 65 and the proposed frontage is 45. And, of course, the planned development is
also in place to request the accepted use on the front and I believe Wendy's coversheet
on this application pointed out the fact that -- and maybe I'll just go back to the aerial
here -- or to the vicinity map, so you can -- there have been -- within this neighborhood
center, it is the smallest of the three, and the Comprehensive Plan sets a goal for no
more than ten acres within this size of a center to be nonresidential. And as Wendy
noted, if you add the lot in Heritage Commons, if you add the Brockton Subdivision,
which you just saw, I believe, last month to the south here, that was a hundred percent
office project next to the fire station, so Heritage Commons, Brockton, and Razzberry
Crossing all have been approved and they exceed the ten acres. This application, of
course, is also coming in with some additional square footage that would push that even
further beyond the ten acres and so I guess staff just wanted to point that out. The
Planning and Zoning Commission did recommend approval. From a planning
standpoint and just kind of logical use standpoint, since -- you know, this project is
actually closer to the mid mile and closer to the school district's 50 acre project, which is
planned for administration buildings and other schools, et cetera, so, you know, the
concept on those centers is to try to get those nonresidential uses closer to that mid
mile point where there may be more activity focused and this project tonight is, actually,
closest to that -- or closer to that than Razzberry. That being said, it does exceed the
Comprehensive Plan and so staff wanted to point that out. I think the only modification
that staff has talked with the applicant about is on page two of the preliminary plat
recommendations and that has to do with a -- with that 20 foot sewer easement that is
on the south boundary. The way that that condition currently reads is provide a
standard 20 foot City of Meridian water sewer easement from the property owner to the
south to allow the sewer and water main extensions. Obviously, that easement would
not be necessary. This is going to be a fully public right of way. I think -- yeah, we just -
- that could be stricken, because there is another condition that says they are going to
have to get that right of way dedicated to the public, you know, before they get any
building permits or final plat signatures, so we think that could be taken out. That's all
staff has.
Meridian City Council
August 24, 2004
Page 21 of 48
De Weerd: Thank you, Brad. Council, do you have any questions at this time? Okay.
Is the applicant here? As you see, Mr. Wardle, we have a new timing device. I think
that yellow means you have 30 seconds left and red means you're out of time. So, you
know, we are -- you are indoctrinating our new timing system.
M. Wardle: That's why I don't begin talking until I've got all of my work done here.
Nary: We didn't buy it with you in mind, but it's going to work out.
Bird: I got to tell you, when the red light comes on, there is a shocker coming on there.
De Weerd: The applicant has 15 minutes to present the application. Public testimony is
three minutes each, with a chance to respond, I believe, it's five minutes for Mr. Wardle.
Okay.
M. Wardle: Well, Madam Mayor, for the record my name is Mike Wardle. I reside at
4910 Knollwood Avenue in Boise. And if you don't object, I will take less than 15
minutes.
De Weerd: We would welcome that, but I still want to see how this timer works
M. Wardle: I appreciate staffs report of the affirmative recommendations that the
Planning and Zone Commission has provided. The handout that I have given to you is
a composite of a number of developments that I have been involved with in the vicinity.
The first sheet -- the second sheet is a simple schematic of the site plan. The third
sheet is the schematic of a landscape plan and I think Brad was going to put on the
screen each of these items, if they will come up. But let me just note -- he mentioned
the setback standards, the request for change through the conditional use process. The
rear setback reduction is, essentially, based on the fact that we have the large amenity
area adjacent to it and it all, frankly, will become one in terms of maintenance. And so
the building setback has the opportunity or the advantage of a considerable open
space. The front setback will not reduce the setback to the garage, but it would reduce
the setback to living area. So, essentially, it will probably create a better impression
from the street. Rather than having the garages as the dominant feature, the living
space can be perhaps even up to eight feet closer to the street than the garage face.
So, essentially, just taking advantage of the amenities on the project and the opportunity
to moderate a little bit of the design for a narrower and much deeper than typical lot.
Just, again, for reference, Locust Grove Road, Razzberry Crossing, which was noted
recently approved, now the area to the back coming out of Copper Basin is, actually,
fully developed, all of the roadways are in right up to the back of Mr. Johnson's property.
We, actually, started this project with the adjacent property owner, Mr. John -- excuse
me, Mr. Graham, who decided that, yes, he would cooperate on access and utilities and
so forth, but chose not to develop his property at this point, but it affords him that
opportunity in the future, because all of the facilities and services will be there. As you
look at the surrounding development, staff noted the Heritage Commons uses and the
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August 24, 2004
Page 22 of 48
Brockton, which were, essentially, limited office. The Razzberry Crossing -- this C -N
zone will provide kind of the missing piece in this area, which we also -- you know, all of
the school facilities on the other side of the road and just to the south the fire station and
a church. This central area really does start to build one of the concepts that was put
forward in the Comprehensive Plan and in the mixed use neighborhood, which is the
designation for this particular area, it talks about sample uses within the nonresidential
to include grocery stores, drug stores, coffee, sandwich shops, dry cleaners, and
laundromats, salons, daycare, professional offices, medication dental clinics, retail and
gift shops, schools, parks, churches, and so forth, many of which are there and other
public uses. The zoning that has been approved thus far does a good job of providing
for some of those, but, in reality, without the C -N zone, some of the services that could
be provided in the broader community would not be allowed. There are some uses,
however, that Mr. Johnson will not include in the allowable or conditional use provisions.
One would be there will not be an auto service station or auto car wash or a car wash
there. There won't be a bar or an alcohol establishment and there won't be a drive-in
establishment. But there are certainly opportunities to have some of the other services
that would not typically be in the L -O zone. So, the neighborhood center concept, if the
line were drawn today, would, essentially, in reality, be missing its center, it would be
somewhat fragmented, and I would hope in the future as the adjacent properties come
into the discussion, that there is a chance to complete all of this, but I would also note
that one of the concepts of the neighborhood center is that there be connectivity and we
have made the provision coming out of the stub provided in Razzberry Crossing to
come directly south at this point, also in this location. The north roadway along the
north boundary of Heritage Commons provides them linkage through, so at some point
in the future all of this will link internally and have these other services that will be
available from within the community, rather than having to go to the arterial to make
those connections. The second slide, Brad, if we could, please. There was -- you
know, I guess the white lines kind of blur out, but it is on your sheet as well. In the -- the
discussion of the zoning, R-8 zoning in terms of the gross area -- well, R-4 zoning would
work, but the R -- this area in the center park, as I term it, is actually 4.3 units per acre
and that's with a fair amount of land -- more than ten percent of the total committed to
the open space facilities that have been discussed before. So, the zone -- the R-8 with
that slightly increased density over the surrounding more recent developments, we
believe is appropriate. Staff has made the one clarification that we had with regard to
conditions of approval and with that clarification I would ask for the Council's approval
based on the Planning and Zoning Commission's favorable recommendations for the
annexation and zoning, preliminary plat, and conditional use permit and I would answer
any of your questions.
De Weerd: Thank you, Mr. Wardle. Any questions for the applicant? I guess I have
one and that's until the property develops to the south, how can you develop -- what
kind of road, I guess, without the additional road length --
M. Wardle: Madam Mayor, it, actually, will conform to ACHD's requirement for -- and it's
the same approval that was granted to Heritage Commons to the south, where they built
part of their roadway or will build part of that roadway and the future development along
Meridian City Council
August 24, 2004
Page 23 of 48
the north side will complete it, but it does meet ACHD requirement for one half plus --
and I think it's ten or twelve, so it does conform. It will provide the services necessary.
De Weerd: And is our fire department okay with that?
M. Wardle: Well, there would be parking, Madam Mayor, on that road until the other
side improves in the future, but with the typical garage and the driveway pads and so
forth, it should work. But there is a restriction based on the fire department's
recommendation at this point until that road is fully improved.
De Weerd: And will that then be signed?
M. Wardle: It would have to be, I believe, by their own standards and requirements.
So, all of the conditions that were put forth by the fire department and other agencies
we acknowledge. Some of the roads are typically narrower, but they do allow, under
ACHD standards and your own fire department's recommendations, parking on one side
and this particular one would be probably the only one that would really have that -- I'll
call them an interim restriction.
De Weerd: Thank you.
Hawkins -Clark: Just to clarify, Madam Mayor. There is, on the preliminary plat, Joe
Silva did have a condition number 11 on page six that said that no parking on east
Green Haven until the complete road section is provided. Just for clarification. And that
would have to be signed as such.
De Weerd: Thank you, Brad. I do have two members who have signed up to provide
testimony. Stacy Rambo. If you will just state your name and address.
Rambo: My name is Stacy Rambo. I reside at 1760 Star Lane.
De Weerd: Thank you.
Rambo: I just wanted to voice my concern with the C -N that's being applied for with
this. I don't feel that the retail aspect of it is in a good location with the Comprehensive
Plan that's been set out, mainly because of stubbing with Star Lane just right across at
the north of the property. This section right here will actually stub with Star Lane that
comes off right here, all the way adjacent to -- on Locust Grove to the east are actual
residential lots that face -- their driveways will actually come out onto Locust Grove. We
will also have to contend with the additional retail -- especially if it goes into the evening
hour retail type of businesses that go through there. I guess I'm just also kind of
confused with everything that's gone on in the area and I'm not objecting to the
Comprehensive Plan, but as staff was approving and kind of laying all this out, why the
retail wasn't down here more where the administrative offices would have been, where
there wouldn't be the retail -- or the residential actually just right across the street that
would have to contend with all of that where there wouldn't be much contention down in
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August 24, 2004
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the lower section. Razzberry Crossing was granted an L -O, light office, with conditional
hours and such like that. I just would like to see this project also have that considered
in with it.
De Weerd: Okay. Thank you.
Rambo: Thank you.
De Weerd: Mr. Gerald Clark. If you will also state your name and address
Clark: My name is Gerald Clark. I live at 4360 North Locust Grove Road. Madam
Mayor, Councilmen, my problem is with the retail in this proposal. Ever since I can
recall I have heard that when starting a retail business it is the location, location,
location. This proposed retail location is not a location of -- very good location for a
retail business. I firmly believe that retail business in this location will fail. My wife and I
have lived in our home on Locust Grove Road there for 35 years. We worked too hard
pay for that home and to have our -- to have that home in our retirement years. When
we retired five years ago, we took a hard look at net worth to see if we were financially
secure to retire. This home is a big part of that net worth. We do not appreciate this
experiment of trying to get retail business in this location that would devaluate our
property and retirement fund. Our neighbor that lives just next to us got up here about
four months ago and explained to you people that he took a 40,000 dollar loss on his
house right next door to us, because of all this that's going on there. I am asking that
the Council turn this business proposal down. Thank you.
De Weerd: Thank you, Mr. Clark. Is there anyone else who would like to provide
testimony on this application? Okay. Mr. Wardle.
M. Wardle: Madam Mayor and Council Members, when the -- the Council -- actually,
the Planning Commission and, then, the City Council went through the discussion of
your Comprehensive Plan two years ago, I guess, and adopted the concept of the
neighborhood centers, it was with the intent that services, depending on the scale,
would be appropriate within these areas. As staff has noted, this is the most discrete of
those center proposals. This would not have large scale retail opportunities and the
types that I mentioned earlier that would not be allowed under the restrictions that Mr.
Johnson would place on the property, meaning that the services that would be provided
would be those that would be appropriate for the neighborhoods within that area. The
other choice that they would have -- and, certainly, this wouldn't apply to all of the
needs, but it does talk in the Comprehensive Plan about providing -- let me find the
term. Small scale commercial, entertainment -- this is under the mixed -- excuse me,
the neighborhood center mixed use. Small scale commercial, entertainment, office, and
open space uses that are geared to serve residents within the area. It's -- the intent
clearly is not to take the people that would have to go to the big boxes down on
Fairview, but it is intended to take some of those trips that would otherwise have to go
to some of the smaller services that could be viable in this location and I doubt that
anything will go in unless it's viable, based on typical decisions that the business
Meridian City Council
August 24, 2004
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community must make. But, in reality, this will be discrete, this will not be large scale
commercial. This property, as I recall -- and I don't remember the final plat for sure, but
I believe it's about one and three quarters acres in size and so we are not going to see a
large facility there. I would also point out that there are no driveways directly to Locust
Grove Road from any of this commercial activity. There would be the buffering, both in
a setback, as well as intense landscape, so that the two properties across the road
would not suffer any adverse impact and it would not be any different in terms of
intensity and scale than any of the other uses that have been approved both north and
to the south. And, again, I would be happy to respond to any of your questions.
De Weerd: Council, do you have any questions? Mr. Wardle, what is the net density on
this?
M. Wardle: Madam Mayor, the -- it's a little difficult to -- can somebody read that to me?
Brad, do you have that? Because we have two different characters. I'd point out, again,
that on the backside, because of the Razzberry Crossing roadway that came through
here, we had to isolate Mr. Johnson's home and there are three other lots proposed on
the west side of that roadway within -- there we go. So, there would be a large flag lot
and, then, two other lots that would front directly onto this street and Mr. Johnson's
home and his barn and so forth are to the back. The area in the center is 4.3 units per
acre. But overall what is that density? Do you have that, Joe?
De Weerd: You know, I guess I would be curious to see what the net on the total
versus what if you built out the whole acreage, the difference of impact. This is a lower
impact than if you were to develop the whole piece and develop where the current
house is.
M. Wardle: Yes, Madam Mayor, I appreciate the question. Let me just look at the
application, because I -- in all honesty I do not -- the overall density with the larger
parcels is 3.15 units per acre, according to the staff report.
De Weerd: And did they give you traffic counts generated off of your proposal?
M. Wardle: You know, when it went through the Ada County Highway District it was -- I
guess it was one of the small projects that came through this process, that there was no
traffic study done per se. But if you take just the standard ten trips per day -- and Mr.
Mills might validate whether that's the number that they would use, it would be
something in the range of 200 trips per day that would be on that roadway, but you have
to, then, take the -- is it ten or twelve percent of that, so 20 to 25 at the peak hour is
what the impact would be.
Rountree: Plus the commercial?
M. Wardle: Plus the commercial, yeah, and I don't know that number. There was not a
required traffic study done. And, of course, it does conform to the other uses that have
been approved recently there in that vicinity, so --
Meridian City Council
August 24, 2004
Page 26 of 48
De Weerd: Okay. Thank you.
M. Wardle: Thank you.
De Weerd: Brad, I guess I have a question for you. It was noted that there were some
hour restrictions in Razzberry Crossing for the commercial. Was a restriction put on
that?
Hawkins -Clark: On Razzberry?
De Weerd: Uh-huh.
Hawkins -Clark: I don't have that with me tonight.
De Weerd: Okay. Council, any further discussion?
Rountree: I don't have any.
De Weerd: Okay. Council, what would you like to do?
Rountree: Madam Mayor, hearing no further discussion, I would move we close public
hearings for Items 14, 15, and 16.
Bird: Second.
De Weerd: Okay. Its been moved and seconded to close the public hearings on Items
14, 15, and 16. All those in favor say aye. All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
De Weerd: Discussion?
Rountree: Madam Mayor, just to comment on this, I'm concerned about the
requirement of no parking on the street that would access all of those subdivision lots
that front that narrow corridor and the ability to enforce the no parking in order to be
able to maintain a safety corridor through there to the remainder of the lots and, in
particular, the existing homes in the back of the parcel. Until that's resolved for me, I'm
not -- I'm not seeing that this is something that I can support at this point in time without
closure of that particular issue.
De Weerd: Brad, was that discussed at the Planning and Zoning Commission?
Hawkins -Clark: Madam Mayor, my recollection is, that the no parking condition on that
south road really didn't get much discussion. I do have the minutes here with me
tonight. I can check over that. But it was a recommended condition from the start from
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August 24, 2004
Page 27 of 48
our fire department and I don't -- there has never been any opposition to that condition
from the applicant, so I -- normally, unless there is opposition or disagreement that
doesn't get a whole lot of discussion, but I will certainly verify that.
De Weerd: I don't think the opposition is because it's unwarranted, it's people will park
there and there won't be ample room for traffic to flow and that is a concern.
Rountree: That's my concern.
Bird: That's a concern.
Rountree: You can post it all you want, but people are going to park there if they are
going to front that street, particularly with those narrow lots.
De Weerd: Any further questions, comments, from the Council?
Nary: Madam Mayor?
De Weerd: Mr. Nary.
Nary: I guess my only -- my only comment is I think the commercial lot would be great if
it was two developments ago. I mean I think there is a value to the commercial that is
being proposed, but I'm afraid, as has been discussed, I mean we are creating this
commercial corridor, the idea of the neighborhood center was to have a very small
neighborhood commercial type of center and we have expanded it and expanded it and
we are sort of on the outside edge of it and this will just expand it more. I was the one
that was opposed to the further office uses down the street a little ways, because I didn't
think there was much of a mix. This is the mix, but, unfortunately, I think we are
expanding this use and I don't know that that's really the appropriate -- appropriate type
of use at this juncture on that particular street, but I would agree more with
Councilmember Rountree is that street, without having that particular area resolved, I
guess, up front, it makes it awfully tough to approve that development with, essentially,
half a street and the parking issues, when, like we said, all of those -- all of those
residents are all going to front that street. I just can't see how you're going to keep
parking off that. There is no alternative parking at all available. So, I think that's awfully
tough to impose that on our safety services.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I would agree. I don't believe we have ever passed something with a condition on
a half street, which is what we are doing. I thought we was -- those little centers were to
be not split apart. I mean we got two -- we got them together down here and, then, all
of a sudden we are skipping two parcels and going up -- you know, it will be -- pretty
soon every subdivision along the road will want to have a little bit of commercial in front,
Meridian City Council
August24,2004
Page 28 of 48
which I think is a great idea, if it's all concentrated at about the half mile. I hate to tell
them it's a long ways from a half -mile where they are at right now. It's not the halfway
point. And I can't -- until that roadway is permanently the right width, because there is
no way people can park on those narrow lots, other than in front.
De Weerd: Mr. Wardle.
Wardle: Madam Mayor, just my humble opinion on the neighborhood center. I think
that the concept of the neighborhood center within the Comprehensive Plan is a guide
and I have said it before as far as the ten acre requirement, I think if done well, we can
exceed that, and I agree that neighborhood commercial should work in this area and the
idea that we have developments that come in in pieces and not all at one time, I can
accept and so for those reasons I -- I feel that the commercial aspect of this project
would be fitting and I think it is designed to be a service for some of the neighbors. The
parking question that's -- I take that back. The safety issue of the street width is
something that's been raised and I am not necessarily sure -- our fire department did
say that we need a sign up, but in all practicality, I could see how that could become an
issue. So, those are my comments.
De Weerd: Thank you. Okay. Council, if you do not need further information, if you're
ready to make a motion, I would entertain that.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I would move that we deny the request for annexation under Item 14 for AZ
04-011, based on the comments made by Council related to the street width and issue
of potential parking on lots fronting that street and the point made by Councilman Nary
as it relates to the concept of the neighborhood centers in this particular instance
becoming more expansive than what was anticipated in the Comprehensive Plan.
Nary: Second.
De Weerd: It's been moved and seconded to deny Item No. 14. Is there any further
discussion? Mr. Berg.
Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea
MOTION CARRIED: ALL AYES.
De Weerd: Item 15.
Rountree: I guess just a point of clarification, Madam Mayor. Items 15 and 16 seem to
be moot points at this time. Do we have to make motions for both?
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August 24, 2004
Page 29 of 48
De Weerd: Mr. Nichols.
Nichols: Madam Mayor, Members of the Council, what we have typically done when
you have denied annexation is to move to deny the preliminary plat and move to deny
the conditional use based on the decision not to annex.
Rountree: As one motion?
Nichols: We, actually, do one on each.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I move that we move to deny Item 15, request for preliminary plat, based on
the decision on Item 14.
Bird: Second.
Nary: Second.
De Weerd: It's been moved and seconded to deny Item 15. Mr. Berg.
Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea.
MOTION CARRIED: ALL AYES.
De Weerd: Okay. Item 16.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I move that we deny Item 16, Conditional Use Permit for 04-015, based on
the decision on Item 14.
Bird: Second.
De Weerd: Okay. It's been moved and seconded to deny Item 16. Mr. Berg.
Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea.
MOTION CARRIED: ALL AYES.
De Weerd: Item 17, is a continued Public Hearing from July 20th --
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August 24, 2004
Page 30 of 48
M. Wardle: Madam Mayor?
De Weerd: I'm sorry.
M. Wardle: I'd just like some direction, I guess. We do have -- there are some solutions
to the street question and there are certainly some options to the other. I guess if we
can address, through staff, the street issue and so forth, do we have to start the process
again, or can we ask for reconsideration? What would the direction be?
De Weerd: Mr. Nichols, can you suggest what options are available?
Nichols: Madam Mayor, Members of the Council, Mr. Wardle, it will be at least three to
four weeks before draft findings would be available anyway and until those findings are
adopted, the matter is not finally decided. So, if there are some issues that you wish to
raise, we would suggest that you do that to staff in a formal request for reconsideration
and Council will, then, review that request.
M. Wardle: Great. Thank you very much.
De Weerd: I guess for the public that are here that testified tonight, can we at least set
a date or commit to a date that the findings will be back on the agenda and any appeal
would be considered?
Nichols: Madam Mayor, Members of the Council, what we have done in the past is we
don't presume that Council is going to grant reconsideration, so if the Council, then,
decides to grant reconsideration, then, a new hearing is scheduled and new notices go
out to those affected property owners and such. I certainly think all of the folks that
testified are probably within the 300 -foot limit or they could simply be added to the
mailing list if that happens, but I would recommend that you first decide whether to
reconsider and if you do, then, you publish and schedule a new hearing to review
whatever the changes are.
De Weerd: Okay. This will show up on our agenda within the next three to four weeks
as to -- for the Council to approve or reconsider. If it does go back through the process,
you will be notified in the same manner that you were on this hearing tonight. You can
check with the city clerk's office if you would like to see when it will be on the agenda for
the consideration to approve the findings of denial and, then, you might have a better
idea of what the Council does in reconsideration. Okay? Thank you.
Item 17: Continued Public Hearing from July 20, 2004: MI 04-005 Request to
allow direct lot access to North Linder Road from an existing home on Lot
2, Block 2 of Cobblefield Crossina Subdivision by CMD, Inc. — south of
West McMillan Road and east of North Linder Road:
De Weerd: Item 17 is the continued Public Hearing from July 20th, 2004, on MI 04-005.
1 will open this Public Hearing with staff comments.
Meridian City Council
August 24, 2004
Page 31 of 48
Hawkins -Clark: Thank you, Madam Mayor, Members of the Council. This
miscellaneous application is, essentially, proposing to modify the final plat. The final
plat is Cobblefield Crossing and it's outlined here. This is Cobblefield Crossing No. 1
and the North Linder Road is the main access. The final plat has a note that says none
of the lots in this subdivision can have direct access to Linder Road. What the applicant
is proposing is to modify that condition of the final plat to allow this lot on the south side
of their entry road to be able to have direct access to Linder Road. It is an existing
house and was -- is part of the parent parcel. Here is a blowup of the site plan that has
the existing house on it and, as you can see, the site is fairly tight in terms of
maneuverability. The access — the driveway is shown here. It has been constructed.
The recommendation that came from Commission and the way that the City Council
approved this final plat was that the access for this house would be taken off of West
Loretta Street, I believe it is, and that -- as you can see dimensions here, there is
approximately 20 feet between the back edge of the house and their property line where
that access point would be taken onto Loretta. The record does have two letters from
Ada County Highway District that were both issued in June of this year. The first letter,
in summary, states that the -- that there would be a temporary easement that would be
granted there for that existing house. The second letter states, basically, that there are
-- it is not Ada County Highway District standard policy to allow direct access onto an
arterial roadway. If the Meridian City Council chooses to grant this access, then, the
Ada County Highway District would allow that temporary easement to be in place, but,
essentially, they have asked this City Council to make a final determination on this. I
guess the concerns that were presented in the staff report encompass a couple of
different issues. One is, obviously, safety originally and I believe as it's currently
designed there is very little turnaround room on the site, so it does require backing up
onto Linder Road. What they are proposing is kind of shown here, to create a
turnaround that they could utilize on the site in order to -- to drive head on into Linder,
rather than rear. There is -- the buffer has already been reduced. You can -- I'm not
sure any of the photos show it all that well. These are photographs of the house as it's
been constructed. As you can see, the landscape street buffer, the fence, is all in. The
garage is direct access off of Linder straight in from the driveway. The landscape buffer
was platted to actually taper back a little bit here and that was to allow room to make
this tum here to come around the house in order to go back onto Loretta. So, it was
anticipated during the platting process and that landscape plat shown to reduce below
the 25 feet requirement. Liability -wise, I think staff has some concerns about this street
buffer is in a separate common lot that the homeowners association charged with
maintaining, owning, et cetera, and the easement across this is proposed, is my
understanding, to be just an easement and not to be a flag lot for this lot owner out to
Linder Road. So, you know, in terms of pedestrians on the sidewalk crossing or other
potential hazards out there, it raises the question about does the homeowners
association -- should they be saddled with that. We have concerns -- staff does not
believe that the direct access should be granted. Besides the driveway access, the
fencing is also currently in violation of the city fence ordinance, which says you cannot
have a six foot fence within 20 feet of right of way, you do need to taper those down to
three feet, so that's a little bit of ancillary issue, but if the Council grants the access, we
Meridian City Council
August 24, 2004
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have recommended four different conditions that -- that essentially be placed on this. It
would be -- I guess they would become the new conditions of this final plat that would
be tied to this lot and those are outlined in the staff report. See if I can put my hands on
that and summarize it for you. And this also came from Ada County Highway District as
well, that upon redevelopment of the lot, that the driveway directly -- directly accessing
would be removed. So, you have got the issue of whether it's redeveloped, if the
building is expanded, in both of those cases, then, that would go away. The direct
access would go away, but the single-family house as it currently is would be allowed to
retain the access that's built. And, then, there would also be a lot line adjustment that's
necessary to modify that landscape buffer that I talked about. And, then, the last item
that was recommended as a condition, if you approve it, is upon the widening of Linder
Road, the driveway directly accessing Linder Road must be removed. Right now Linder
Road is not in any five-year work program or even the ACHD's CIP. It carries about
6,000 to 7,000 trips a day. The middle school, Sawtooth, that just opened up this week,
is about just a little over a quarter of mile to the south, so we do anticipate, obviously,
quite of bit of increased traffic in there as these homes get built out. So, those are some
of the concerns that we have.
De Weerd: Thank you, Brad. Any questions for staff? Is the applicant -- is the
testimony you provide tonight the truth, the whole truth, and nothing but the truth, so
help you God?
Ralphs: Yes, it is, Madam Mayor.
De Weerd: Thank you.
Ralphs: Madam Mayor, Members of the Council, my name is Rod Ralphs, I live at 2730
North Greenbelt Place here in Meridian. I'm here on behalf of CMD, which is the
original applicant for Cobblefield One, and I wanted to start off -- probably the best thing
I could do for those of you who were here when this original application came through is
that this was the Yugo property. When we originally came through, the mention -- and
the concerns that we had with approving access for this home, we talked about it in
open session that the person who had to live here, if we were able to get all of these
setbacks in there, they would probably need a Yugo and that was on our record that we
talked they would need a Yugo to actually come in here and access this front access
driveway. There was never any discussion about coming in the back and creating a
huge turnaround here and, then, punching in a wall. This house right here is not just all
garage, you have got back here a fruit keeping room and a bedroom. So, accessing
here from the side would have been difficult. So, we looked at that. I wanted to also
address the discussion about the driveway. And, Brad, if I could have you go to some
of those photographs that we prepared. One more down, please. Okay. The Council
and Madam Mayor can see that this was the existing driveway right here, this difference
in color. So, what we did is did address the adjustment across the sidewalk and where
does it tie into the street. The concerns that we have, we have zero objections to any of
the things that were raised by staff as far as the conditions if this thing is approved. The
clarification that we would have -- and I would point to page number two on staffs
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August 24, 2004
Page 33 of 48
findings. And, then, also if I may approach, I have prepared a little bit of a blowup or a -
- so we are not looking at the screen all night, but it might be helpful. May I? And all we
have done, just for clarification, is we have added some coloring there in front of the
house. There is a really faint yellow where the existing driveway is. The green highlight
represents a concrete pad that we would be putting in for the turnaround. Looking there
at item -- or page number two in the staffs findings, upon redevelopment of Lot 2, Block
2, of the subdivision, the driveway must be removed. The way that we see that or
interpret that recommendation to be that just as what Brad has indicated that if this
house were to ever come in for a building permit for something different or if someone
were to ever come in and look at an amendment of the use, a modified use, for
example, a commercial application, that they would not have access to Linder. That
also tracks, if the Council and Madam Mayor would look at the letter from ACHD, they
are also of the same mind. If this were to ever be changed, for example, the
commercial use, they would want that application or that access cut off, which would,
then, defeat the purpose of going commercial in there. Number two, upon the widening
of Linder Road; the driveway directly accessing Linder Road must be removed. Brad, if
we could go back up to that plat picture. Okay. Right now the setbacks and the
sidewalks and everything that we have put in here with the landscaping allows for the
48 foot right of way that ACHD requires and so our take on that is that if it ever -- ACHD
would ever go beyond the 48 foot -- or, rather, the 98 six foot cross section, then, yes,
we would have to look at that, because we would probably be looking at some type of
condemnation type action for that house, if they would start nibbling away at that
driveway and that access. So, we have no objection to that. We need just a
clarification. Right now what we have put in there as far as improvements allows for the
five lane road that Linder will eventually be and so if it ever goes beyond that, then,
certainly, we would have to address some other point of access for that lot. Item No. 3,
the driveway must be reconfigured to allow vehicles using the driveway to turn around
and head into traffic without having to back up onto Linder Road. We are in complete
agreement. We are going to propose putting in a pad site right in here that would allow
any car coming out of this garage to be able to back up and, then, access Linder here
from the front. And, then, finally, item four, which talks about a lot line adjustment, we
believe that we can address that with an easement. We think we can get in there and
address that with the owner having to indemnify and hold harmless for any kind of
losses on that property and that would be a burden that would be shared. The reason
why we would like to leave the maintenance or control of that with the homeowners
association is there is a general look that we are trying to accomplish out there at
Cobblefield One, even with the old existing homes and we want to prevent the type of
situation where we would have neighbors who might have different tastes and things
like that, coming in and saying they can park on the street or they can do things that are
in contravention with the CC&Rs. So, we think we can address the use aspect and the
liability aspect with an easement and also with the CC&Rs and allow for this access
onto Linder. There is -- I guess what I would do is I would turn that over to the --
Madam Mayor and the City Council to discuss any further questions you might have
and, then, we can talk about the fencing on the north side of the house and explain why
we have done that or if the Council would like us to address right now, we could
certainly do that as well.
Meridian City Council
August 24, 2004
Page 34 of 48
De Weerd: Council, any questions?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I got a question on this turnaround in here. Yeah, you're backing out of the
garage I guess or what it would be all right, but what if you have a couple of cars in the
garage and a couple in the driveway, you might have a hard time playing turnaround.
And I realize that that is a garage and it's got a fruit room and a bedroom on it. They
can make it into a nice family room and put a garage over here on the north side where
they can come in off of West Loretta Street.
Ralphs: If I may. Our concern with allowing access clear over here coming off of the
house is cars coming off this way -- and this would be the entrance into the subdivision,
the cars coming in this way you have got landscaping, you have got a tree, and, then,
you have actually got this bend in the road and we are concerned with a car coming out,
backing up, out into this traffic and not being able to see this way very well and cars
coming in off here, transitioning from traffic speeds on Linder into a subdivision, they
would probably be coming in at a pretty good clip, and we show that this -- if we are
going to have cars backing out onto the street here, then, what we are really looking at
is maybe creating a blind spot and it might be unsafe.
De Weerd: My question seems pretty dumb, but when we didn't approve this access
out onto Linder, why did you design that such a tight fit right there anyway, when you
knew you did not have an access. Also, you poured in a driveway when you knew you
did not have access. And I guess that's what is — has me a little baffled right now is
why are we even talking about this at this point and why not at final plat?
Ralphs: And my answer to that, Mayor, is that the — when they were going through the
construction phase of it they totally missed that on the plat and that's why the driveway
transitioned out there.
De Weerd: This was specifically discussed even in preliminary plat.
Ralphs: Now, the preliminary had left it as either/or with leaving it up to the county and,
then, when we came here to final plat, the thinking was is that we would come off the
front and, then, when that was not feasible, instead of coming in, like we should have
done, and letting you know that was just not feasible to come in from the front, as we
had discussed at hearing, coming in here and putting the transitioning, the existing
driveway out onto the street.
De Weerd: We left that up to Ada County Highway District? I love you guys, but I have
a hard time believing that. What were we doing that night?
Meridian City Council
August 24, 2004
Page 35 of 48
Bird: Madam Mayor?
De Weerd: Mr. Nary.
Nary: I guess I don't have a specific question, other than, Mr. Ralphs, I mean has
anything changed from the previous discussion? I didn't -- I don't recall being here. I
don't remember when this was done. But has anything changed? You have said the
discussion was is you need a Yugo to get in here, the discussion was the access point
onto Linder, and that it was a tight fit. Has any circumstances changed? Because this
appears to me like asking for forgiveness and not seeking permission and I'm not a big
fan of asking for forgiveness, especially when you pour the driveway in there, you build
the fence around it, you landscape around it -- I mean I guess if you could explain to me
if anything's different than what was previously discussed, I would be interested to hear
that.
Ralphs: Okay. And I appreciate the sentiments about forgiveness versus permission. I
share the sentiments. The discussions that we had were that we would come in here
and if those who were present here can remember, Frank and Andrea Fisher were here
present, and they talked about how he thought that we'd also be able to come in the
front and so the change is this: After we put in the fencing, the perimeter fencing that
was required and after we put in all the landscaping and, then, you look here at the way
this garage actually pops out here, you have got a 16 foot narrow margin here from the
required fence to that garage and so the discussion that we had at hearing about
coming in and accessing in front of the house and, then, coming in here and accessing
it just was not able to happen. After we put that fence in there and it's so close to where
that garage butts out, that's the change. And I guess you probably wouldn't even -- you
wouldn't even be able to see that until after that improvement was in. The engineers
could probably see it, but when we are looking at there and we are talking about there
being a tight fit when you adapt to the front of that garage coming out.
Nary: Madam Mayor?
De Weerd: Yes.
Nary: Mr. Ralphs, I mean this -- this existing home, if I understand correctly, was part of
the whole application process --
Ralphs: Correct.
Nary: -- for this subdivision. It was annexed with the rest of the subdivision, which is -- I
assume the rest of it was bare ground.
Ralphs: Correct.
Meridian City Council
August 24, 2004
Page 36 of 48
Nary: So, the only impediment to being able to make this work better was, essentially,
having a lot immediately adjacent and not using more ground immediately adjacent to
this property to provide an access point; right?
Ralphs: Well, as far as the preliminary plat, we had -- this lot already in place and the
discussions were totally focused on accessing it here from the front.
Nary: Well, I understand what you're saying.
Ralphs: Okay.
Nary: What I'm saying is when -- if I'm this property owner and I'm part of this whole
development, if I have been told I can't access off of Linder and I got to figure out how to
make this work, then, from the preliminary plat to final plat I might lose this lot; right?
Ralph: Correct. Correct.
Nary: And that wasn't done either?
Ralphs: No.
Nary: Okay. All right. Thank you.
Nichols: Madam Mayor?
De Weerd: Mr. Nichols.
Nichols: Let me ask a question of the applicant. Mr. Ralphs, did the property owner --
do they still live in that home?
Ralphs: No, they do not.
Nichols: Okay. So, do they rent it out?
Ralphs: It is a rental home right now, yes.
Nichols: Thank you.
Ralphs: And sensing a bit of the tone, I guess the other thing we would look at is what
suggestions could we do as far as -- what would you recommend that we do? And,
again, keeping in mind I know Brad was pointing over here when he was doing his staff
comments, but what we were addressing at preliminary plat -- and, again, I can't
apologize enough for coming in here during preliminary and final, but the discussion for
the access for this one, when we talk about West Loretta, was accessing it through the
front and it just ended up not being feasible.
Meridian City Council
August 24, 2004
Page 37 of 48
Nary: Madam Mayor?
De Weerd: Yes, Mr. Nary.
Nary: My assumption is that there is a house here now; right?
Ralphs: That is correct.
Nary: Okay. So, the only access point you have is either somewhere over here, which
is too narrow, and this is the front door?
Ralphs: Yes.
Nary: Okay. Or this rear point, which Brad talked about, which is 20 feet wide.
Ralphs: Which is, actually, a little bit less than 20. You have an electrical utility box
there that you have got the box itself, which is probably about a four, plus you have got
to have a two foot offset that. And so you're probably down to about -- I don't know
what that would be. That would be four and two -- that would be six. You would be
down to about 14 feet.
Nary: And this is a yard?
Ralphs: This is yard and patio, yes.
Nary: And this is yard here?
Ralphs: Correct.
Nary: It looks like a detached garage to me. I can't see any changed circumstance to
support this change, other than the inconvenience, but it seems like that was all
thoroughly discussed, in my opinion, previously and they choose to ignore it until they
put themselves between a rock and a hard place, but I guess they could build a
detached garage from the house.
De Weerd: And move an electrical box.
Nary: Yeah. And, then, fence up the front and tear out the sidewalk -- or tear out the
driveway.
Ralphs: Then, if we could talk about the north fence. If we could go to that picture,
Brad. Okay. Right along here. Back up one more. You will see here that we have got
the perimeter fence, which is a vinyl beige fence that wraps around here. We have
worked with ACHD on the site, the vision triangle there, that we've got to have the site
triangle. And, then, going here along the north side, you can see that this is 14 feet
from the sidewalk to here and, then, as the sidewalk bends into the subdivision, I
Meridian City Council
August24,2004
Page 38 of 48
believe the comments is it drops down to four feet and, then, the utility box is about
where I'm pointing. The reason why we have done that -- and, you know, if we are
talking about a detached garage tonight, then, there would, obviously, be an access
point that would have to be put in, but this house is a late Us rambler with, I believe,
probably a 4-12 roof pitch and we have tried to paint it, so that it matches more with the
look that we have here in Cobblefield One, but what we have tried to accomplish here
with the privacy fence is to basically mask a house that is just not a match for what we
have got inside this subdivision and so if we could go back up to the plat map, Brad.
Thank you. There is approximately five feet here between the house and the fence and
we could -- we would prefer to leave it up, because we think it enhances and preserves
the values in here as far as what people are seeing when they come in here. We can
enhance that with some more landscaping, perhaps some additional trees and shrubs,
but coming around the corner here coming into this new subdivision and, then, looking
at the site of this older home is just not a match and so that's why we have gone ahead
and put that type of a fence in there. And that was one of the things that Anna had
wanted us to address tonight, too. And so if we could have your thoughts on that as
well.
De Weerd: I know the applicant; he has done wonders in remodeling a house in which
he lives. I don't know if -- Council, do you have any words of wisdom or advice?
Rountree: Madam Mayor, I see that they have created themselves a real pickle and
now they are coming and asking for, one, forgiveness and, two, remedies and I don't
know that it's necessarily our responsibility to provide a remedy. I'd ask the same dumb
question that you asked, is why are we here? It seems to me the decision was made
previously and we have got some construction activities that probably went on without
building permits and probably would have been denied because of plat information had
to come before --
Nary: This is just to show us how it works.
Rountree: I will stop any time.
De Weerd: You have a time limit.
Rountree: Okay. I'm done. So --
Nary: Madam Mayor?
De Weerd: Mr. Nary.
Nary: I guess I echo the same thing as Councilman Rountree. I don't have particular
heartburn with the fence and it doesn't really concern me as much about the look and all
of that, with that particular fence, but it's not really necessary or appropriate for us to
redesign it for you, you know.
Meridian City Council
August 24, 2004
Page 39 of 48
Ralphs: Correct.
Nary: It certainly doesn't concern me to the degree of the driveway, that six-foot fence.
You know, that -- but that's not really the question before us, it's really just the issue of
the driveway tonight. And I guess I don't want us to get into the habit of designing for
folks, but --
Bird: Madam Mayor?
De Weerd: They can put in a carport. Yes, Mr. Bird.
Nary: He asked for suggestions --
Ralph: It's a formal inquiry. I don't want to establish precedent where we come here
and ask you for those things.
Bird: It's kind of tough, Mr. Ralphs, to offer a suggestion when they went ahead and did
everything without doing what was supposed to be done right. I just -- I just don't see
any way that that can go off onto Linder. I don't care if you turn around or how you do it,
it's -- I don't know. And I'm like Councilman Rountree, without changes why are we
here?
Ralphs: What I propose is that we come back -- we table this for two weeks and come
back with the notes highlighted, that we talk about the discussions that were had, and
about the -- that would have pictures of the preliminary plat that would shows that the
driveway was always there and just table this for a couple weeks and come back with
those notes and maybe revisit those with what was discussed and said and hopefully
not keep you too late.
Nary: Madam Mayor?
De Weerd: Mr. Nary.
Nary: Are you telling us, Mr. Ralphs, that if you bring that back it will show that this was
discussed and we approved it or that circumstances have changed? Because if you're
telling me that the notes are going to say this is there and we denied it, then, what
would be the point of doing that?
Ralphs: What it will show is that it was discussed, that it was going to be tight, and that
the language either/or was thrown in there in the preliminary and that the -- from the
preliminary meeting they were going to wait for the recommendation from ACHD and
tying that into the current recommendations or letters or correspondence from ACHD,
placing it all in your hands, but also with certain contingencies and we feel that we have
addressed those contingencies. So, I guess if I were to show you the preliminary plat,
show you hearing notes that would show where either/or was the language, that's what
we would be back in two weeks to discuss.
Meridian City Council
August 24, 2004
Page 40 of 48
De Weerd: Okay. Then, it's still begs the question. Why didn't we have this discussion
at final plat? If you had the word from ACHD that they wanted the city to be the final
decision maker on this, why are we making that final decision after the fact?
Rountree: That wasn't the decision based on the final approval of the final plat that
showed no access.
Nary: Madam Mayor?
De Weerd: Mr. Nary.
Nary: Not to be too belaborous, Mr. Ralphs, but you're a lawyer, too.
Ralphs: Yes.
Nary: Now, if you think we already made this decision we wouldn't be here. If you think
it was either/or and you're just saying we picked column B instead of column A, you
wouldn't be here on a miscellaneous application, so I guess I'm still a little perplexed as
to what we are going to find in two weeks.
Ralphs: I think the transcript will clearly show the language was either/or and, then,
deferring again to ACHD. That's what you will find in the hearing notes. And what the
developers, then, took with that either/or is without any strong recommendation either
way from ACHD, they went ahead and they kept the access on Linder and, then, when
it popped up at final plat and it got on the plat, the construction and those improvements
were already in place.
De Weerd: Okay. But the decision of ACHD was it needed to be the decision of
Meridian?
Ralphs: That was in the last letter that the city got this summer. Yes. The first letter
that you look at in June, they talk about the -- I believe they talk about the -- you know, if
you don't change it to commercial, and if you were to ever change the configuration of
the house, then, that access has to go away. So, the first letter from ACHD is really
rather mild and is actually -- our take on it, of course, would be rather supportive. And
the second letter comes back and says here is our concerns, but we will put it back in
ACHD's hands. I don't think you will get anything from ACHD before June of this year
that talks about them giving you this decision or their recommendation. It's just one of
those things where, you know, this is what was discussed at these hearings and, then,
the note got on there about no access on Linder, it was never discussed or finalized, my
recollection, and so it shows up on the final plat and by that time these construction
improvements are already in, so it's not as though we are blatantly trying to throw that in
the face of the City of Meridian, that's not the intent at all. It was a note that got onto the
final plat and we go back through the hearing transcripts and we are seeing either/or
and we are going when did we -- when did we hear which one you wanted to go with.
Meridian City Council
August 24, 2004
Page 41 of 48
De Weerd: But I guess since it continued to be open-ended and it appears to still be the
decision of the Council.
Ralphs: Certainly.
De Weerd: Okay.
Ralphs: Certainly. The other thing, too, I just -- the construction drawings and
everything that was approved always showed this driveway. It always showed this
driveway coming in.
De Weerd: Even though there was not a specific decision made by Council?
Ralphs: As far as I know that's correct.
De Weerd: Okay. Okay, Council, what would you like to do?
Nary: Madam Mayor?
De Weerd: Mr. Nary.
Nary: Mr. Nichols, do we have to wait for this other decision or for this other --
Nichols: Madam Mayor, Members of the Council, no, you don't, but by the same token,
if you want to have a more complete record before you make the decision -- I mean
there appears to be adequate record at this point, but it certainly wouldn't hurt to wait a
couple weeks. I'd ask -- Madam Mayor?
De Weerd: Yes.
Nichols: Madam Mayor, Members of the Council, I think one of the issues that needs to
be discussed here is what's going to happen to this house, even if you allow the direct
access onto Linder. I just don't imagine, Mr. Ralphs or Mr. Campbell, that it's going to
be much of a salable house. It's certainly not going to be like the other things that
you're building in Cobblefield and you said that in your testimony, you're trying to hide it
from the rest of it. And so I think that's one of the things that needs to be put on the
record, because it seems to me you're just going to end up with that deteriorating eye
sore that's going to be a rental that will -- no one wants to put any money into, because
it doesn't match the surrounding homes and it's going to continue to deteriorate. So, at
what point does that -- does that become something that's even worse for your
development than trying to figure out how to fix it up.
De Weerd: And I guess, Council, if this is continued, the question that I have lingering
is for one of the same reasons they denied the applications before this is if this home
has a visitor, where do those visitors park and how do they back out? You know, you're
Meridian City Council
August 24, 2004
Page 42 of 48
going to have the same issue, but even worse because of the amount of traffic that's on
Linder and that is a real concern. It's a safety concern.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: If the Council agrees, I would -- let's --
Hearing to September 14th to get new evic
discuss at that time. It will be just -- if then
final plats, that -- I'd make that as a motion.
I'd continue the Cobblefield Crossing Public
ence from past deals and that's all we will
is any new evidence on the preliminary or
De Weerd: So, your motion was to continue this for two weeks?
Bird: To September 14th.
De Weerd: September 14th. Okay. Do I have a second?
Rountree: I'll second so we can --
De Weerd: Mr. Rountree seconds.
Rountree: But I guess a point of clarification. We are still in Public Hearing, so --
De Weerd: Yes. We will be continuing this Public Hearing to September 14th --
Nary: Madam Mayor?
De Weerd: -- which is the motion on the floor. Mr. Nary.
Nary: Just as discussion, I'm not going to support that motion. I respect Mr. Ralphs, but
we started off with a presentation that said it's up to the Council, we ended up with a
presentation that said we kind of already decided it and I don't agree with that. This is
your opportunity to present to us that something changed and something was different
and you didn't do that. I don't see a reason to set this over. If we had already made a
decision or we had already left that open, you had plenty of opportunity before we came
tonight to have brought that information to us. I am very much bothered by the -- you
know, Mr. Campbell, if you want to testify, take an oath and get up here and testify. But
I am very bothered by the fact that this was built knowing all of these restrictions and all
of this thing and instead of trying to engineer it and solve it, the developer decided to
simply ignore it and I find that offensive and I don't have a reason to want to continue it
when you could have done this well before tonight. So, anyway, that's my feeling on it.
This has really been a real waste of our time.
Bird: Madam Mayor?
Meridian City Council
August 24, 2004
Page 43 of 48
De Weerd: Mr. Bird.
Bird: And I agree, but I'm not going to sit here all night looking dumb at each other. I
can look dumb myself without --
Nary: We can deny it in the same amount of time we can continue it, Mr. Bird.
Bird: So, come up with a motion. Let's vote.
De Weerd: Okay. The motion on the floor is to continue the Public Hearing to
September 14th. All those in favor say aye. Those opposed say nay? Okay. The
motion fails.
MOTION DENIED: ONE AYE. THREE NAYS.
De Weerd: Now we still have an open Public Hearing.
Nary: Madam Mayor?
De Weerd: Mr. Nary.
Nary: If there is no other discussion, I'd move to close the Public Hearing.
Wardle: Second.
De Weerd: Okay. It's been moved and seconded to close the Public Hearing. All those
in favor say aye. All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
Nary: Madam Mayor?
De Weerd: Mr. Nary.
Nary: I would move to deny Item 17, MI 04-005, request to allow direct access to North
Linder Road from existing home on Lot 2, Block 2, of Cobblefield Crossing Subdivision
by CMD, based on the discussion tonight. There are no changed circumstances to the
previous discussion, it was left to the Council from the highway district to decide where
the access point for this property should be. It appears that -- from the testimony that
that has been previously discussed and the Council's preference was not to have it
access onto Linder. There is no evidence been provided this evening to change that
prior discussion or decision and so I'd move to deny this request to allow that access to
continue along Linder Road.
Bird: Second.
Meridian City Council
August 24,2004
Page 44 of 48
De Weerd: Okay. It's been moved and seconded to deny the request for Item 17. If
there is no further discussion — hearing none, Mr. Berg.
Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea.
MOTION CARRIED: ALL AYES.
Item 18: Continued Public Hearing from July 6, 2004: Trunk Line Water &
Sewer Assessment, Connection and Miscellaneous Fee Proposal:
De Weerd: Okay. Item 18 is a continued Public Hearing from July 6, 2004, We will
open the Public Hearing on Item 18 with staff comments. Mr. Watson.
Watson: Thank you, Madam Mayor, Council Members. I apologize, I just got this
memo put together today and if you will allow me, I'll just hand that out to you, if that's
okay. If it's okay, I'll just stand up here. It's been a long sit. I'll just briefly describe what
has happened since the July 6th hearing. As you recall, Council approved a contract
with Environmental Finance Group -- Environmental Financial Group to evaluate my fee
proposal. That report was completed and sent to me, actually, yesterday. My memo
says today, but I got it yesterday. Attached to this memo -- you can skip by that second
page temporarily -- is about a four-page evaluation of the fee system. There is good
news and bad news. The good news is that the assessment fee program that we have
is right in line with what he's seen in his other cities and utilities around the country.
There, evidently, was a mistake in a portion of my methodology where I under valuated
the assessment fee, so -- and the assessment fee should be higher than what I
calculated. The bad news -- I guess I don't take it as bad news. The good news is he
took a good hard shake at the system development fee proposal that I had and he's got
a lot of comments on it. If you look at the bottom of page four in his summary, the first
sentence seems to very succinctly sum up that part of the proposal. Without wasting a
lot of your time tonight, if I could just briefly direct you to the second page. The first
column shows what our current fees are. The second column shows what I had
previously proposed in May and presented to several different groups at BCA. The third
column shows a very quick reevaluation of the assessment fees that I did yesterday
afternoon based on his recommendations. The total fees are not -- the total fee on my
draft revised proposal is not significantly different than what I had previously proposed
as a total fee for both water and sewer. The long and short of it is I would like to
continue this for four weeks until September 28th, so that I can, first of all, get this
evaluation to the BCA. Second of all, go back through and confirm my calculations.
Third, because the complete water and sewer ordinance was proposed to be revised
with this and incorporated into it some of these recommendations. That's going to be
the tedious work. I need to go back through that and redo the ordinance. There is a
third piece of his recommendation that I thought was good news and that is the part of
the ordinance revisions that provided for elimination of latecomer agreements. He
thought that the system I had developed was sound, although the funding mechanism
was a little bit screwy, he thought that we could work with that and these revised
assessment fees to make something work, so I'm hopeful that we are getting closer and
Meridian City Council
August 24, 2004
Page 45 of 48
it is very good to have a professional look at this. I feel so much more comfortable now
that somebody technical has really shook this hard and I know it's been a long process,
but I think we are doing it the right way, getting a lot of input, getting some expert
advice, and I'm feeling much better about it, even though it's taking longer than we
thought. With that I will entertain any questions.
De Weerd: Thank you, Brad. Sometimes it pays off to be cautious and I appreciate you
continuing to see this through.
Watson: Thank you. And I really appreciate Council approving the contact for this guy
to look at this. He's -- just talking with him you can tell he knows what he's talking
about.
Nary: It just goes out of your raise. Don't worry about it.
Watson: That's fine on this one.
De Weerd: Mr. Rountree.
Rountree: Madam Mayor. Brad, you talked about a continuance for an additional four
weeks?
Watson: Yes.
Rountree: And we would anticipate that we see this proposal refined, along with the
additional amendments to the ordinances at that time, so we can act on it as a
package?
Watson: Yes.
Rountree: Is that my understanding?
Watson: Yes, Councilman Rountree.
Rountree: Madam Mayor, I'd move, with that understanding, to continue this for four
weeks --
De Weerd: Okay.
Bird: I'd second --
Rountree: Until September --
Nary: 28th.
Bird: 28th he wanted.
Meridian City Council
August 24, 2004
Page 46 of 48
Watson: Actually, I misspoke. It was September 28th. Five weeks.
Rountree: September 28th. Five weeks.
Bird: Second.
De Weerd: Okay. It's been moved and seconded to continue this item until September
28th, 2004. All those in favor say aye. All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
Watson: Thank you.
Item 19: Ordinance No. 04-1096 : Plumbing Code Ordinance:
Item 20: Ordinance No. 04-1097 Abatement of Dangerous Buildings
Amended Ordinance:
De Weerd: Thank you, Brad. Items 19 and 20 are ordinances. Ordinance No. 04-1096
for the Plumbing Code Ordinance and Ordinance No. 04-1097. Mr. Clerk, if you would
read these two ordinances by title only.
Berg: Thank you, Madam Mayor, Members of the Council. Ordinance No. 04-0196, an
Ordinance amending Ordinance 03-1025 of the City of Meridian, Idaho, repealing
Chapter 2, Title 10, Plumbing Code and Meridian City Code and reenacting Chapter 2,
Title 10, to incorporate the 2003 Uniform Plumbing Code, including Appendices A, B, C,
D, E, G, H, I, J and L, excluding F, with exceptions to Section 604.2, not allowing the
use of type N copper pipe, and deleting or -- conditional language to Section 218,
Section 316.1.6, Section 420.0, Section 421.0, Section 604.1, Section 609.4, Section
609.10, Table 6-4, and Table 8-2, Table 7-3, Section 610.2, Section 611.4, Section 703.
Section 703.2, and Section 710.5, Section 704.2, Table 7-5, Section 704,3, Section
707.4, Section 712.1, Section 801.2.3, Section 807.4, Section 908, and Section 1002.3,
providing for penalty, severability, conflict, validity, savings clause and an effective date.
De Weerd: Thank you, Mr. Berg.
Nary: I think Mr. Mills wants that one read in its entirety. I just saw him nod
Rountree: As long as he doesn't miss a section.
Berg: Madam Mayor, Members of the Council, Ordinance No. 04-1097, an Ordinance
amending Section 110-1-2, adoption of the Uniform Code for Abatement of Dangerous
Buildings to provide for amendments to Section 301, General, of the Uniform Code for
the Abatement of Dangerous Buildings and particularly within the definitions with
reference to Section 3403 and Section 103, Authorizations and Additions and Repairs to
Meridian City Council
August 24, 2004
Page 47 of 48
provide for the International Building Code and to delete the references to Section 204,
inspection of work pertaining to Section 108 and 1701 and to provide for the
International Building Code to provide for public works director or designee to have the
powers and duty of the building official and to provide for payments to the repair and
demolition of fund for the City of Meridian, Idaho, providing for appeals, conflict, validity,
savings clause and providing for an effective date.
De Weerd: Mr. Berg, you get all the fun. You have heard these two ordinances read by
title only. Is there anyone who would like to hear them read in their entirety? Hearing
none --
Nary: I think Mr. Mills was either/or.
Rountree: At the city's option.
Nary: But it's up to us. Madam Mayor?
De Weerd: Yes, Mr. Nary.
Nary: I move the approval of Ordinance No. 04-1096, the Plumbing Code Ordinance,
and Ordinance No. 04-1097, Abatement of Dangerous Buildings amended ordinance,
with suspension of rules.
Wardle: Second.
Rountree: Second.
De Weerd: It's been moved and seconded to approve ordinances on Items 19 and 20.
Mr. Berg, will you call roll?
Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea.
MOTION CARRIED: ALL AYES.
De Weerd: Thank you. I would like to remind you about the meeting with the Ada
County commissioners next Wednesday, September 1st, at 1:30 to talk about City Hall
space requirements and also the language that is needed to ask them to start collecting
park impact fees. And maybe some day it will actually happen. So, also, you have --
you should have a memo from Gary Smith about the ACHD chip seal project that is
starting in July '05, but also some of that can start even earlier than that. Do you want
this put on an agenda to discuss or do you have no comment?
Bird: Well, I think it could be on the joint agenda when we meet with them, just a small
item.
Meridian City Council
August 24, 2004
Page 48 of 48
De Weerd: Okay. That sounds like a great idea, Mr. Bird. You can tell you just got
back from vacation.
Bird: Yeah. Now I got to rest up.
De Weerd: Okay. Is there any further business in front of Council? Mr. Berg?
Berg: Madam Mayor, not any new business, but just reminders that we do have a
special meeting at 6:00 o'clock next Tuesday for the budget and the amendment to our
current budget, plus there will be a couple consent items added to that agenda.
De Weerd: Okay. Thank you.
Berg: Unless there is other things that you add between now and then.
De Weerd: And thank you so much for the timer. That is just really --
Bird: Who got that, Madam Mayor?
De Weerd: Mr. Berg.
Bird: He actually went out and got that?
De Weerd: He did.
Bird: Thank you, Willy.
Rountree: Madam Mayor?
De Weerd: Yes, Mr. Rountree.
Rountree: I move we adjourn.
Bird: I second that.
De Weerd: It's been moved and seconded to adjourn. All those in favor say aye. All
ayes.
MOTION CARRIED: ALL AYES.
MEETING ADJOURNED AT 9:39 P.M.
(TAPE ON FILE OF THESE PROCEEDINGS)
AYO MM DE WEERD DATE APPROVED
Meridian City Council
August 24, 2004
Page 49 of 48
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