HomeMy WebLinkAbout2004 10-12Revised October 11, 2004
CITY OF MERIDIAN
CITY COUNCIL REGULAR MEETING
AGENDA
Tuesday, October 12, 2004, at 7:00 p.m.
City Council Chambers
Roll -call Attendance:
X Shaun Wardle 0 Vacant
X Charlie Rountree X Keith Bird
X Mayor Tammy de Weerd
2. Pledge of Allegiance:
3. Community Invocation by Pastor Stan Kelly, with Capital Christian
Center
4. Adoption of the Agenda: Approve As Amended
5. Consent Agenda:
A. Approve Minutes of September 21, 2004 City Council Regular
Meeting: Approve
B. Tabled from October 5, 2004: Land Lease Agreement with Ken
Hamilton Presentations: Table to November 3, 2004 Meeting
C. Findings of Fact and Conclusions of Law for Denial: AZ 04-
017 Request for Annexation and Zoning of 29.69 acres from RUT
to R-4, C -N and L-0 zones for proposed Leeshire Subdivision by
SWI Associates, LLC— 5603 N. Locust Grove Road: Approve
D. Findings of Fact and Conclusions of Law for Denial: PP 04-
024 Request for Preliminary Plat approval for 89 building lots and
20 common lots on 29.69 acres in proposed R-4, C -N and L -O
zones for proposed Lesshire Subdivision by SWI Associates, LLC
— 5603 N. Locust Grove Road: Approve
E. Findings of Fact and Conclusions of Law for Denial: CUP 04-
026 Request for a Conditional Use Permit for a mixed use Planned
Development consisting of single family residential and
commercial/office uses with reductions to the minimum
requirements for lots size, side yard setbacks and minimum street
Meridim City Council Agenda —October 12, 2004 Page 1 0f S
Revised October 11, 2004
frontage for proposed Leeshire Subdivision by SWI Associates,
LLC - 5603 N. Locust Grove Road: Approve
F. Findings of Fact and Conclusions of Law for Approval: CUP
04-027 Request for a Conditional Use Permit for a daycare facility
for up to 150 children in a C -G zone for Primary Colors Daycare
by Primary Colors, Inc. - east of South Eagle Road and south of
East Overland Road: Approve
G. Findings of Fact and Conclusions of Law for Approval: CUP
04-030 Request for a Conditional Use Permit for a gymnastics
center in an I -L zone for Danik Gymnastics by Viktor Danilovitch -
345 South Adkins Way: Approve
H. Findings of Fact and Conclusions of Law for Approval: CUP
04-031 Request for a Conditional Use Permit for a retail candle
and gift shop in an O -T zone for Kathy Hinshaw (Aromatic
Sensations) by Kathy Hinshaw -128 East Pine Avenue: Approve
Findings of Fact and Conclusions of Law for Approval: VAR
04-005 Request for a Variance to the minimum parking
requirements for a retail use in an O -T zone for Kathy Hinshaw by
Kathy Hinshaw -128 East Pine Avenue: Approve
J. Findings of Fact and Conclusions of Law for Approval: AZ 03-
037 Request for Annexation and Zoning of 46.40 acres from RUT to
R-8 zone for proposed Chesterfield Subdivision by Centennial
Development, LLC - east of North Black Cat Road and north of West
Franklin Road: Approve
K. Findings of Fact and Conclusions of Law for Approval: PP 03-
046 Request for Preliminary Plat approval of 214 residential lots and
39 common lots on 46.40 acres in a proposed R-8 (PD) zone for
proposed Chesterfield Subdivision by Centennial Development, LLC
- east of South Black Cat Road and north of West Franklin Road:
Approve
L. Findings of Fact and Conclusions of Law for Approval: CUP 03-
070 Request for a Conditional Use Permit for a Planned Development
for residential subdivision in a proposed R-8 (PD) zone for proposed
Chesterfield Subdivision by Centennial Development, LLC - east of
South Black Cat Road and north of West Franklin Road: Approve
M. Findings of Fact and Conclusions of Law for Denial: Mi 04-
005 Request to allow direct lot access to North Linder Road from
an existing home on Lot 2, Block 2 of Cobblefield Crossinc
Meridian City Counc® Agenda— October 12, 2004 Page 2 of 3
Revised October 11, 2004
Subdivision by CMD, Inc. — south of West McMillan Road and east
of North Linder Road: Approve
N. Findings of Fact and Conclusions of Law for Denial: PP 04-021
Request for Preliminary Plat approval of 30 residential four plex lots, 7
commercial lots and 8 common lots on 10.05 acres in a C -G zone for
Sadie Creek Subdivision by FOLIO, Inc. — 2935 North Eagle Road:
Approve
0. Findings of Fact and Conclusions of Law for Denial: CUP 04-023
Request for a Conditional Use Permit for a Planned Development for a
mixed-use development consisting of 120 mufti -family units, 28,660
square feet commercial/office space and 3.43 acres of open space on
10.05 acres in a C -G zone for proposed Sadie Creek Subdivision by
FOLIO, Inc. — 2935 North Eagle Road: Approve
P. Development Agreement: AZ 04-013 Request for Annexation
and Zoning of 13.5 acres from RUT to C -G zones for Stow -It
Storage Facility by Lyons Development, LLC — southwest comer
of Stoddard Road and West Overland Road: Approve
Q. Permanent and Temporary Easement Contract for the 2004
Waterline Improvement Proiect, Eagle Road Waterline
Extension: Approve
R. Award of Bid for Drilling & Construction of Supply Well #26 for
Treasure Valley Drilling: Approve
S.
Approve
T. Streetiiaht Agreement for Highgate Subdivision: Approve
7-U. Request for Reconsideration for CUP 04-029 Request for a
Conditional Use Permit for a daycare facility for 30 to 40 children in
an R-8 zone for Condra Steeves Daycare Center by Condra and
Donald Steeves — 1258 East Cougar Creek Drive: Notice for new
Public Hearing for November 3, 2004 Meeting
V. Economic Development Coordinator Agreement with Cheryl
Brown: Approve
6. Department Reports:
A. Mayor's Office — Tammy de Weerd
Meridian City Council Agenda — October l2, 2004 Page 3 of 5
Revised October 11, 2004
1. Appointment of Public Works Director. Approve Brad
Watson
2. Appointment of City Council Member: Approve
Christine Donnell
B. Fire Department — Kenny Bowers
1. Update on ZGA Contract with Meridian Rural Fire
Protection District on Station No. 4 at Eagle Road:
Presented
C. Attorney's Office — Bill Nary
1. Ordinance #04-1107 Appointment of City Officers and
Employees
7. (Items Moved from Consent Agenda): Item U
8. Continued Public Hearing from October 5, 2004: AZ 04-022 Request
for Annexation and Zoning of 4.91 acres from RUT to R-8 zone for
Redfeather Village Subdivision by Packard Estates Development, LLC —
east of North Eagle Road and north of East Fairview Avenue: Prepare
Findings of Fact and Conclusions of Law for Approval
9. Continued Public Hearing from October 3, 2004: PP 04-029 Request
for Preliminary Plat approval for 20 single family residential building lots on
4.91 acres in a proposed R-8 zone for Redfeather Village Subdivision
by Packard Estates Development, LLC — east of north Eagle Road and
north of East Fairview Avenue: Prepare Findings of Fact and
Conclusions of Law for Approval
10. Public Hearing: VAC 04-006 Request for a Vacation of 25 -foot wide
utility easement along the south boundary of Lot 10 of Razzberry
Crossing Subdivision by Bonnie Reiterman — south of East McMillan
Road and west of North Locust Grove Road: Approve — Attorney to
Prepare Resolution
11. Public Hearing: AZ 04-012 Request for Annexation and Zoning of 1.82
acres from RT to C -C zone for proposed Wrinkleneck Project by
Wrinkleneck Partners, LLC — northwest corner of East Overland Road
and South Locust Grove Road: Prepare Findings of Fact and
Conclusions of Law for Approval
12. Public Hearing: CUP 04-034 Request for a Conditional Use Permit for a
gas station and convenience store in a proposed C -C zone for Maverik
Meridian City Co cil Agenda— October 12, 2004 Page 4 of 5
Revised October 11, 2004
Country Store by Maverick Country Stores, Inc. — 1495 South Locust
Grove Road: Prepare Findings of Fact and Conclusions of Law for
Approval
13. Public Hearing: AZ 04-005 Request for Annexation and Zoning of 5.27
acres from RUT to R4 zone for Packard Acres Subdivision No. 3 by
Packard Estates Development, LLC — east of North Locust Grove Road
and south of East Ustick Road: Prepare Findings of Fact and
Conclusions of Law for Approval
14. Public Hearing: PP 04-006 Request for Preliminary Plat approval of 20
single family residential building lots and 1 common lot on 5.27 acres in a
proposed R-4 zone for Packard Acres Subdivision No. 3 by Packard
Estates Development, LLC — east of North Locust Grove Road and south
of East Ustick Road: Prepare Findings of Fact and Conclusions of
Law for Approval
15. Ordinance No. 04-1108 : RZ 04-009 Request for a Rezone of
16.49 acres from R-4 to R-4, R-8 and L -O zones for Larkspur
Subdivision by Larkspur, LLC — 2090, 2190 and 2240 South Meridian
Road: Approve
16. Ordinance No. 04-1109 AZ 04.013 Request for Annexation
and Zoning of 13.5 acres from RUT to C -G zones for Stow -it Storage
Facility by Lyons Development, LLC — southwest corner of Stoddard
Road and West Overland Road: Approve
17. Readopt Ordinance No. 04-1095 : RZ 04006 Request for a Rezone
of 16.1 acres from R-4 to R-8 zone for Sutherland Farm Subdivision No. 4
by Sutherland Farm, Inc. — east of South Eagle Road and north of East
Victory Road: Approve
18. Election of Officers:
President — Keith Bird
Vice President — Charlie Rountree
19. Executive Session per Idaho State Code 67-2345(1)(c)&(f): No
Decision
Meridien City Council Ag®da — October 12, 2004 Page 4 of 5
Meridian City Council Meeting October 12, 2004.
The regular meeting of the Meridian City Council was called to order at 7:20 P.M.,
Tuesday, October 12, 2004, by Mayor Tammy de Weerd.
Members Present: Mayor Tammy de Weerd, Keith Bird, Charlie Rountree, Shaun
Wardle and Christine Donnell.
Others Present: Bill Nary, Will Berg, Ann Canning, Brad Watson, Bill Musser, Kenny
Bowers, Doug Strong, and Dean Willis.
Item 1: Roll -call Attendance:
Roll call.
X Shaun Wardle X Christine Donnell
X Charlie Rountree X Keith Bird
X Mayor Tammy de Weerd
De Weerd: I'd like to thank you all for joining us here this evening and call the City
Council regularly meeting to order. It is, Tuesday, October 12th. It is 7:20. We will start
the meeting with roll call.
Item 2: Pledge of Allegiance:
De Weerd: Thank you. Item No. 2 is the pledge of allegiance and here tonight with
Meridian High School -- and we do enjoy having our high school government students
join us. Jessica Lockett will be leading us in the pledge. Please rise.
Item 3: Community Invocation by Pastor Stan Kelly, with Capital Christian
Center
De Weerd: Jessica, I'd like to give you a pin for leading the pledge tonight. Okay. Item
No. 3 is our community invocation. Please join us in the community invocation or take
this time for a moment of silence. Here tonight to lead us is Pastor Stan Kelly with
Capital Christian.
Kelly: Thank you, Mayor, City Council. Heavenly Father, we thank you for this great
community that you have allowed us to live in, to work in, to recreate in. Lord, it truly is
blessed by you. We thank you for a vibrant economy. We thank you for good
neighborhoods and good people. Lord, I ask that in no small part, Lord, it's due to these
that sacrifice their time for more than just a paycheck to see that we all enjoy those
blessings and so, Lord, I ask that you would watch over the families of these city
workers and Council and the Mayor, you'd watch over everything that they do, Lord.
We ask for your presence here tonight. Lord, I ask you for courage to say yes when
things are good for the future and, Lord, the courage to say no when it might not be so
good or maybe later. Lord, so we thank you for you watching over these proceedings
Meridian City Council
October 12, 2004
Page 2 of 39
tonight and just bless this place with a peace and unity to where you could command
the blessing. We ask this in your Holy Name, Amen.
Item 4: Adoption of the Agenda:
De Weerd: Pastor Kelly, I think we have given you a water tower pin, but not one of our
new city ones. Thank you. Okay. Item No. 4 is adoption of the agenda.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Okay. We need to -- on the Consent Agenda, Item B, table that to November 3rd,
2004. Item U I'd like to see move to 7-U, we need a little discussion on that, and in the
department reports, we need to have a 1-A ahead of the Mayor's report by the city
attorney and Item No. 20 -- or 18 we need an executive session, as per Idaho State
Code 67-2345(1)(c) and (1)(f). And with that I would move that we approve the revised
agenda.
Rountree: Second.
De Weerd: Its been moved and seconded to approve the agenda as amended. Mr.
Bird, can we also add a 19 for election of president and vice-president and reconfirm
department assignments?
Bird: Sure.
Rountree: I agree.
Bird: Yeah. Let's do that. Can we call that 18 and the executive 19?
De Weerd: You bet.
Bird: Okay.
De Weerd: Okay. All those in favor of the amended agenda say aye. All ayes. Motion
carries.
MOTION CARRIES: ALL AYES:
Item 5: Consent Agenda:
A. Approve Minutes of September 21, 2004 City Council Regular
Meeting:
Meridian City Council
October 12, 2004
Page 3 of 39
B. Tabled from October 5, 2004: Land Lease Agreement with Ken
Hamilton Presentations:
C. Findings of Fact and Conclusions of Law for Denial: AZ 04-
017 Request for Annexation and Zoning of 29.69 acres from RUT
to R-4, C -N and L -O zones for proposed Leeshire Subdivision by
SWI Associates, LLC— 5603 N. Locust Grove Road:
D. Findings of Fact and Conclusions of Law for Denial: PP 04-
024 Request for Preliminary Plat approval for 89 building lots and
20 common lots on 29.69 acres in proposed R-4, C -N and L -O
zones for proposed Leeshire Subdivision by SWI Associates, LLC
— 5603 N. Locust Grove Road:
E. Findings of Fact and Conclusions of Law for Denial: CUP 04-
026 Request for a Conditional Use Permit for a mixed use Planned
Development consisting of single family residential and
commercial/office uses with reductions to the minimum
requirements for lots size, side yard setbacks and minimum street
frontage for proposed Leeshire Subdivision by SWI Associates,
LLC — 5603 N. Locust Grove Road:
F. Findings of Fact and Conclusions of Law for Approval: CUP
04-027 Request for a Conditional Use Permit for a daycare facility
for up to 150 children in a C -G zone for Primary Colors Daycare
by Primary Colors, Inc. — east of South Eagle Road and south of
East Overland Road:
G. Findings of Fact and Conclusions of Law for Approval: CUP
04-030 Request for a Conditional Use Permit for a gymnastics
center in an I -L zone for Danik Gymnastics by Viktor Danilovitch —
345 South Adkins Way:
H. Findings of Fact and Conclusions of Law for Approval: CUP
04-031 Request for a Conditional Use Permit for a retail candle and
gift shop in an O -T zone for Kathy Hinshaw (Aromatic Sensations)
by Kathy Hinshaw— 128 East Pine Avenue:
I. Findings of Fact and Conclusions of Law for Approval: VAR
04-005 Request for a Variance to the minimum parking
requirements for a retail use in an O -T zone for Kathy Hinshaw by
Kathy Hinshaw — 128 East Pine Avenue:
J. Findings of Fact and Conclusions of Law for Approval: AZ 03-
037 Request for Annexation and Zoning of 46.40 acres from RUT
to R-8 zone for proposed Chesterfield Subdivision by Centennial
Meridian City Council
October 12, 2004
Page 4 of 39
Development, LLC — east of North Black Cat Road and north of
West Franklin Road:
K. Findings of Fact and Conclusions of Law for Approval: PP 03-
046 Request for Preliminary Plat approval of 214 residential lots
and 39 common lots on 46.40 acres in a proposed R-8 (PD) zone
for proposed Chesterfield Subdivision by Centennial
Development, LLC — east of South Black Cat Road and north of
West Franklin Road:
L. Findings of Fact and Conclusions of Law for Approval: CUP
03-070 Request for a Conditional Use Permit for a Planned
Development for residential subdivision in a proposed R-8 (PD)
zone for proposed Chesterfield Subdivision by Centennial
Development, LLC — east of South Black Cat Road and north of
West Franklin Road:
M. Findings of Fact and Conclusions of Law for Denial: 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
N. Findings of Fact and Conclusions of Law for Denial: PP 04-
021 Request for Preliminary Plat approval of 30 residential four plex
lots, 7 commercial lots and 8 common lots on 10.05 acres in a C -G
zone for Sadie Creek Subdivision by FOLIO, Inc. — 2935 North
Eagle Road:
O. Findings of Fact and Conclusions of Law for Denial: CUP 04-
023 Request for a Conditional Use Permit for a Planned
Development for a mixed-use development consisting of 120 multi-
family units, 28,660 square feet commercial/office space and 3.43
acres of open space on 10.05 acres in a C -G zone for proposed
Sadie Creek Subdivision by FOLIO, Inc. — 2935 North Eagle
Road:
P. Development Agreement: AZ 04-013 Request for Annexation
and Zoning of 13.5 acres from RUT to C -G zones for Stow -It
Storage Facility by Lyons Development, LLC — southwest corner
of Stoddard Road and West Overland Road:
Q. Permanent and Temporary Easement Contract for the 2004
Waterline Improvement Project, Eagle Road Waterline
Extension:
Meridian City Council
October 12, 2004
Page 5 of 39
R. Award of Bid for Drilling & Construction of Supply Well #26 for
Treasure Valley Drillina:
S. Chance Order No. 1 for WWTP Clarifier #1 and #2 Protective
Coating:
T. Streetlight Aareement for Highgate Subdivision:
V. Economic Development Coordinator Agreement with Cheryl
Brown:
De Weerd: Item 5 is the Consent Agenda.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: On the Consent Agenda, item B, we need to table until November 3rd, 2004. Item
U we need to move to the regular agenda as 7-U. And with that I move we approve the
Consent Agenda as revised and for the Mayor to sign and the clerk to attest on all
proper papers.
Rountree: Second.
De Weerd: Okay. It's been moved and seconded to approve the Consent Agenda with
the noted changes. Is there any further discussion? Okay. Mr. Berg.
Roll -Call: Bird, yea; Rountree, yea; Wardle, yea.
MOTION CARRIED: ALL AYES.
Item 6: Department Reports:
A. City Attorney.
De Weerd: Thank you. Okay. Item No. 6 we will start with the City Attorney.
Nary: Thank you, Madam Mayor, Members of the Council. I have submitted a couple
of different ordinances before you. The one that's probably the one I request that you
address tonight is the one that's dealing with Section 1-8-81, appointments by the
Mayor of city officers and employees. This code has only been amended once since
1955 and it didn't have any of the current positions of the city appointed, department
directors, contained within this, as well as it wasn't compliant with state code as to how
people were appointed or removed from office. So, I have submitted that for your
consideration to amend the code to be compliant with the state code. The other ones
aren't as critical for this evening for you to adopt. You certainly can put them off to
Meridian City Council
October 12, 2004
Page 6 of 39
another week if you'd like. I will just give you a very brief overview of all the different
ones that I have given you. 1-7-5 is Council meetings. It was my recollection we had
actually amended this in 2002, but it never did get amended. It's still currently in the city
code that the meetings are at 6:30 and there are at the -- that the agendas are set
differently on the 1st and 3rd Tuesdays and the 2nd and 4th Tuesdays and we
amended this by practice in 2002 and for whatever reason the ordinance itself was not
amended. I have put that in front of you for your consideration. I did delete out the
portion that required the meetings be mandatory the day after a holiday on a Tuesday.
You can certainly always set a special meeting on the Wednesdays after a holiday if
you wish, I just -- I just took out the mandatory requirement of it. The Council, you
always have the authority to do that. I also deleted the section in here that required that
the meetings be conducted by the 1953 addition of how to conduct a municipal meeting,
because no one has that book available any longer. Again, that does not have to be
adopted tonight, you have the time to consider that. We can put it on next week's
agenda if you would like. The next one is the 1-8C-1. The city attorney provisions --
there was only about four provisions for city attorney that were requirements. Basically,
to attend the meetings, to prosecute actions, to file writs of error, which no one does
anymore, and that to take action to punish offenders, but the city attorney doesn't really
punish folks, they just prosecute folks. I tried to clean up the language and make it a
little more current, but I also did it for another purpose. One, the intent is to hire a
deputy city attorney in the near future. There was no provision for such an office, so I
included that provision in the ordinance. And also, secondarily, in the different
departments you have deputy directors of the various departments or deputy chiefs.
Currently, all city employees are at will. Only department directors are appointed. In
the prior ordinance 1-8-1, it indicated fire assistants were appointed, but no other
assistants were appointed and that probably made sense in 1953, but it doesn't make
as much sense now. What I did in trying to use this as a model for your consideration
was that as we go through these different ordinances for the departments, my thought is
that the deputies -- the deputy chiefs or the deputy directors of different departments
wouldn't necessarily need to be appointed, but it would be clear that those people were
appointed and worked for the chief. And so if they -- if the chief were to change, that
person could change to a different person if the director wanted that to happen, certainly
with your -- it does require the advice and consent of the Mayor and the Council. So,
you would have opportunity to have input about those. But I tried to use this as a
model. So, again, you don't have to pass this tonight, you have opportunity to review
that, if there is changes you want, I can certainly make them. I did expand the duties to
one that's a little bit more current and I did -- and mostly just for my own desire, the first
duty I put for the attorney is to provide the highest standard of legal ethics,
accountability, and responsibility for the City of Meridian. It's something I felt was very
important that it be in the ordinance that it's clear that that's the direction from the Mayor
and the Council. The last one is very lengthy and it doesn't, again, need to be approved
tonight and you probably do want some opportunity to review it. The rules of procedure
for public hearings is already a code. We have had a number of discussions with the
Planning and Zoning director and the Planning and Zoning Commission about
procedural rules for hearings. What this is patterned after is the current practice of how
these hearings are conducted. It was previously discussed before you with the prior city
Meridian City Council
October 12, 2004
Page 7 of 39
attorney of passing these as a resolution of the Council, rather than an ordinance. The
problem by doing that is that the public doesn't have an opportunity to review what that
is, so if you put it in your ordinance, it's available on the internet, it's available here in
the city, anyone who wants to know what the procedure is can find it, can see it, it's
written, it's clear, it is the law of the city and so following it is a little easier for the
perspective of the different -- the different commissions or the Council. Again, it's pretty
lengthy. If you read it it's the same information that's been discussed with you
previously. It follows the method that you currently follow anyway as how much time
each party were to have, who goes first, what the protocol is, those types of things. It
has a few extra definitions of things that might be helpful to both the Council or the
Commission or the public in how the hearings are conducted, but it is fairly lengthy, it
will require a summary, which I haven't had an opportunity complete yet, to be attached
to it, so, again, it doesn't have to be done tonight, but, please, take that and review it
and if you'd like, we can put it on next week or the week after, whatever is convenient
for you. But I would suggest before the Mayor's appointment on the next section that
Council can certainly move 1-8-1 forward and Mr. Clerk can add an ordinance number
to it and you can approve it if you'd like, so -- and if there is amendments, you can make
amendments to it, whatever your preference is. That's it.
De Weerd: Council?
Bird: Madam Mayor?
De Weerd: Now that he's taken a breath. Yes, Mr. Bird.
Bird: Man, he's got longwinded since he started sitting over there. I don't have any
problems with this. If the -- if the clerk has got an ordinance on it, 1-8-1, the
appointments, I have — this is a short one, it's basically the same as we had, only just
cleared up and made easier to read for me. So, if you have got an ordinance, I will be
glad to get a motion. You expect me to read it that far? I can't see that far.
De Weerd: 04-1107
Bird: One what?
Rountree: 1107.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I would move that we approve Ordinance 04-1107, without a reading and with
suspension of the rules.
Rountree: Second.
Meridian City Council
October 12, 2004
Page 8 of 39
De Weerd: It's been moved and seconded to approve Ordinance 04-1107. Is there any
discussion? Mr. Berg. Can we do this without reading it by title?
Rountree: We didn't publish it either.
Nary: Pardon me? Madam Mayor?
De Weerd: Yes.
Nary: Members of the Council, in the future I think we are going to try to avoid the
reading process by setting the agenda up differently. Because this particular one was
not on the agenda, I would recommend that you probably read the title. The rest of the
ordinance has the language in the state code that allows you to waive the reading rules,
but at least for this one you should probably do that.
Bird: I'd make a motion that --
De Weerd: Okay. Mr. Clerk, will you, please, read this ordinance by title only.
Berg: Thank you, Mayor, Members of the Council. Ordinance No. 04-1107, an
Ordinance amending Title 1, Chapter 1, Sections 1 and 2 of the Meridian City Code
regarding the appointment and removal of the department directors and other appointed
officers and providing for a waiver of the reading rules and providing an effective date.
And with that I guess I'll take roll call vote, since the motion's already been approved to
approve this ordinance.
Roll -Call: Bird, yea; Rountree, yea; Wardle, yea.
MOTION CARRIED: ALL AYES.
B. Mayor's Office — Tammy de Weerd
1. Appointment of Public Works Director:
De Weerd: Thank you, Mr. Berg. The next Item is appointment of our Public Works
director.
Bird: Madam Mayor?
De Weerd: Yes.
Bird: Before we go on forward, can we get a clearance on the rest of these ordinances
that come forward next week or what do you want us to do?
De Weerd: Yes. These can be published and brought back to you next week.
Meridian City Council
October 12, 2004
Page 9 of 39
Bird: And if we have got any things we need to get into you or the attorney --
De Weerd: If you will get them directly to Bill.
Bird: Okay. Thank you.
De Weerd: I think we kind of took for granted that this appointment was already made
and a done deal, but Brad likes to make sure all the I's are dotted and T's are crossed
and we have a new Public Works director that needs to be officially appointed. We've
had a number of discussions about Brad's qualifications and the continuity and the
leadership that we will provide this office and so I would like to bring his name to you to
officially appoint as our Public Works director. And I would like to have a motion,
please.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: It's my pleasure to move to accept your nomination and appointment of Brad
Watson as the Public Works director for the City of Meridian.
Bird: Second.
De Weerd: It's been moved and seconded to approve the appointment of Brad Watson
for Public Works director. Is there any further discussion? Mr. Berg, will you call roll.
Roll -Call: Bird, yea; Rountree, yea; Wardle, yea.
MOTION CARRIED: ALL AYES.
2. Appointment of City Council Member:
De Weerd: Thank you. And we'd like thank his family for being here as well. Okay. My
next item is appointment of a City Council member. We had five people who submitted
a letter indicating their interest in this position and I have talked with each of you. You
all have a copy of those that did apply and I would like to bring the name forward of
Christine Donnell to fill City Council Seat No. 2.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: We need a motion. I would move that we approve your appointment of Christine
Donnell to Council Seat No. 2 for the remainder of the term.
Wardle: Second.
Meridian City Council
October 12, 2004
Page 10 of 39
Rountree: I support that with a second
De Weerd: Okay. I appreciate the two seconds. Is there any discussion on this? And
we won't give Christine an opportunity to back out now.
Bird: She thought she was busy when she was superintendent.
De Weerd: Okay. Before I ask for a roll call vote, I would like to note that I really
believe that when Bill took the position of city attorney that his position would be a great
void and I think that Christine will bring a different background, certainly, but she fills a
void that has been in our community and that's a relationship with the school district that
is so critically important to the city, in particular, the timing of now and so it just thrills me
that we can again complete the background and experience that is up here on our
Council and have a real diverse look at the different applications, the different situations
that come in front of us. So, I appreciate the emotion and I guess I'm assuming that I
know what your votes are going to be.
Rountree: Well, maybe not.
Bird: You better not assume.
De Weerd: Better stop now. Mr. Berg, will you please call roll.
Roll -Call: Bird, yea; Rountree, yea; Wardle, yea.
MOTION CARRIED: ALL AYES.
De Weerd: Thank you. Good timing on that. I also would like to go ahead and ask her
to take the oath of office and we will swear her in. Mr. Berg.
(Christine Donnell sworn in for Council Seat No. 2.)
C. Fire Department — Kenny Bowers
Update on ZGA Contract with Meridian Rural Fire
Protection District on Station No. 4 at Eagle Road:
De Weerd: Okay. Our next department report is our fire department, Chief Kenny
Bowers.
Bowers: Good evening, Madam Mayor, City Council Members, welcome to the team
there, Christine. It will be fun. It will be a lot of blast. I wanted to bring some updated
information to the City Council tonight. Last night the Meridian rural fire protection
commissioners voted to approve and sign the agreement and contract with ZGA for the
No. 4 fire station on Eagle Road. Bill Nichols and John Fitzgerald has already went
Meridian City Council
October 12, 2004
Page 11 of 39
through the contract and approved -- both of them approved the contract. What we
want to do now, we will be scheduling a couple of neighbor meetings out in that area.
We talked about that today in our department head meetings to get input from all the
neighbors out there of color of the building, what type of fencing, and the whole works.
So, they have approved and signed it and I wanted to bring that information to you
tonight. Any questions?
De Weerd: Hallelujah
Bowers: Yes. Hallelujah. We can get started on it now
Bird: Next spring they should break ground. Yeah.
Bowers: Okay. Thank you.
Item 7: (Items Moved from Consent Agenda)
U. Request for Reconsideration for CUP 04-029 Request for a
Conditional Use Permit for a daycare facility for 30 to 40 children in
an R-8 zone for Condra Steeves Daycare Center by Condra and
Donald Steeves — 1258 East Cougar Creek Drive
De Weerd: Thank you, Kenny. Okay. Item 7. We removed U from the Consent
Agenda. Which of our Council members would like to discuss this?
Rountree: On Item 7-U?
De Weerd: Yes.
Rountree: Madam Mayor, the applicants have provided additional information related to
this particular application and have asked for reconsideration and they have addressed
the issues that were brought up at the Public Hearing, so I'm moving that we reconsider
our action of denial on the Steeves' application request that it be reheard at the soonest
possible date.
Bird: I would second that.
De Weerd: Mr. Berg, when would that be able to be heard?
Berg: Madam Mayor, Members of the Council, I believe I looked at the date it was
November 3rd.
Rountree: November 3rd.
De Weerd: Okay. That gives time for proper notice?
Meridian City Council
October 12, 2004
Page 12 of 39
Berg: Yes. We are noticing with 15 days prior to the hearing date and two times in the
newspaper.
De Weerd: Okay. Thank you. Okay. Now, that wasn't a motion, but we did already get
a second.
Rountree: Yeah. That was a motion.
De Weerd: Oh, was it a motion?
Bird: That's why I seconded it. Yeah.
De Weerd: Oh. Okay. So, we have a motion to reconsider and the date is November
3rd. Does that work?
Rountree: It works.
De Weerd: Okay. Is there any further discussion? Mr. Berg, will you call roll.
Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea.
MOTION CARRIED: ALL AYES.
De Weerd: And, pardon me, I always say Council members and, then, ask their last
name, so it's not --
Bird: Have her pull her mike down so they can hear her.
De Weerd: Okay. Yeah. This is going to take getting used to.
Donnell: Indeed.
De Weerd: Okay. We are in the Public Hearing portion of our agenda. By ordinance
we are required that anyone that wishes to testify does need to be sworn in, so we do it
all at once to get it all out of the way. Items 8 through 14 are public hearings. If anyone
wishes to testify, if you will, please, raise your right hand. Will the testimony that you
provide tonight be the truth, the whole truth, and nothing but the truth, so help you God?
If so, answer I will.
(Affirmative answers.)
Item 8: Continued Public Hearing from October 5, 2004: AZ 04-022 Request
for Annexation and Zoning of 4.91 acres from RUT to R-8 zone for
Redfeather Village Subdivision by Packard Estates Development, LLC —
east of North Eagle Road and north of East Fairview Avenue:
Meridian City Council
October 12, 2004
Page 13 of 39
Item 9: Continued Public Hearing from October 5, 2004: PP 04-029 Request
for Preliminary Plat approval for 20 single family residential building lots on
4.91 acres in a proposed R-8 zone for Redfeather Village Subdivision
by Packard Estates Development, LLC — east of north Eagle Road and
north of East Fairview Avenue:
De Weerd: Thank you. Okay. Items 8 and 9 are continued public hearings from
October 5th on AZ 04-022 and PP 04-029. 1 will open these public hearings with staff
comments.
Canning: Madam Mayor, Members of the Council, I did present this to you last week.
This is for Redfeather Village Subdivision. I'm just going to recap it quite quickly. It was
an out parcel when the Redfeather 2 Subdivision came in. Redfeather 1 was in Boise
city, Redfeather 2 was in Meridian. And you can see the out parcel right there and that
is the subject site for the Redfeather Village. Pretty straightforward layout. Twenty
single family homes on about 4.91 acres. And I did forget to give you the summary
recommendation from the Planning and Zoning Commission. They have recommended
approval of this application. Sheri Stiles representing the applicant testified in favor. No
members of the public testified on this matter. The Commission discussion focused on
leaving the southern irrigation ditch open and, then, that no perimeter sidewalks were
required with this development. The key Commission changes to staffs
recommendation were to amend site-specific condition number three, to grant the
applicant a waiver of the requirement to leave the southern ditch abutting
Clovermeadows Subdivision open, so un -tiled. To our knowledge, there are no
outstanding issues before Council. It was tabled because the applicant was not able to
make it here on time. I did note that it was seven minutes after 7:00 when we finished
on this application last week, so we did move through the beginning part of the agenda
rather quickly last week. But they are here today. And to my knowledge, there are no
outstanding issues and they have agreed to the conditions of approval.
De Weerd: Okay. Any questions for staff? Is the applicant here this evening? Please
state your name and address.
McKay: Becky McKay, Engineering Solutions, 150 East Aikens, Suite B, Eagle. We are
representing the applicant in this matter. I'd like to extend my apologies for last week.
My associate Ms. Stiles got behind a traffic accident and was delayed about 15 minutes
and as Mrs. Canning indicated, you guys got to this item very quickly, so she was not
able to be here on time. So, she wanted me to make sure that I extend her apologies to
the Council. As Anna indicated, this was an out parcel. If you recall, the Mittleider's
daughters from the Redfeather No. 2 public hearings attended that hearing, along with
Mr. and Mrs. Mittleider. They were an elderly couple, they lived in an existing dwelling
on this 4.91 acres and our subdivision wrapped all the way around them. We provided
them with a stub street at this location and, then, we wrapped -- and, then, we dropped
a public street down here. If -- to refresh your memory, the concern with the Mittleiders
when our application process was -- there was a boundary problem where their home
was three feet from our boundary on their eastern portion. There was also a long
Meridian City Council
October 12, 2004
Page 14 of 39
discussion about the existing ACHD right of way, which dated back to like 1909 that was
along their north boundary. It was the Council's direction to my clients to get with the
Mittleiders and resolve these issues, if at all possible, and discuss our revisions to our
layout that took place in the last hearing and we did get with the Mittleiders and they
determined, even though they had lived there for 30, 40 years, it was time to sell their
property. So, they sold the property to my clients, so that we could incorporate that into
the subdivision. So, we will be demolishing the older home here. The stub street,
which we provided them, will be extended up and, then, we will link back into this public
street. So, the controversy over where the existing public right of way lies is gone, the
issue of the setback for their homes and where this boundary lies is, obviously, gone
now also. This is just a straight subdivision. No planned development. We are less
than five acres, so there was no open space requirement for this little section and it's
just -- there is only one way to develop this little piece and that's the way that we have it.
We are in agreement with your staffs conditions. The only thing that we ask is with the
Clovermeadows residents, we have two parallel ditches. One is clearly on our side and
we are piping that one. There is another ditch where the center line of the service ditch
is on the boundary and Gary Piva, who was the representative for the irrigation users in
Clovermeadows, requested to the Council -- they sent a letter in writing, I also spoke
with him, and they asked us to, please, leave their ditch open, that they need access to
it, they did not want us to pipe it, and asked if we would set our fence about two feet in,
which, therefore, would give them total access and control over their ditch and that ditch
did not service our property, it only serviced them, and we did agree to that and that is
why we have asked for that waiver just on the south ditch only to accommodate their
wishes and they have been good to deal with. They did not object to our proposal out
there. Do you have any questions?
De Weerd: Council, any questions?
Bird: I have none, Mayor.
Rountree: I have none.
De Weerd: Okay. Thank you.
McKay: Thank you.
De Weerd: Is there anyone in the audience who would like to offer testimony on Items 8
or 9? Okay. Council?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Since we have no more discussions, I would move we close public hearings for
AZ 04-022 and PP 04-029.
Meridian City Council
October 12, 2004
Page 15 of 39
Rountree: Second.
De Weerd: It's been moved and seconded to close the public hearings on Items 8 and
9. All those in favor say aye. All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
De Weerd: Okay. Any further discussion or information from staff? Okay.
Wardle: Madam Mayor?
De Weerd: Mr. Wardle.
Wardle: I move that we approve AZ 04-022, annexation and zoning for Redfeather
Village Subdivision and to include staff and applicant comments on site-specific
condition number three regarding the ditch.
Bird: Second.
De Weerd: Its been moved and seconded to approve Item 8 with the changes noted.
Any further discussion? Mr. Clerk.
Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea.
MOTION CARRIED: ALL AYES.
De Weerd: Okay. Item 9.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I move that we approve the preliminary plat for PP 04-029, Redfeather
Village Sub, subject to staff comments.
Bird: Second.
De Weerd: It's been moved and seconded to approve Item 9. Any further discussion?
Mr. Berg.
Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea.
MOTION CARRIED: ALL AYES.
Item 10: Public Hearing: VAC 04-006 Request for a Vacation of 25 -foot wide
utility easement along the south boundary of Lot 10 of Razzberry
Meridian City Council
October 12, 2004
Page 16 of 39
Crossing Subdivision by Bonnie Reiterman — south of East McMillan
Road and west of North Locust Grove Road:
De Weerd: Okay. Item No. 10 is a Public Hearing on VAC 04-006. 1 will open this
Public Hearing with staff comments.
Canning: Madam Mayor, Members of the Council, this is a request to vacate a 25 foot
wide utility easement along the southern boundary of the original Lot 10 Subdivision --
and I don't have that subdivision name. I'm sorry. This was originally part of a larger
subdivision. The Razzberry Crossing was recently approved by the City Council and as
you can see, the hatched out area along here, that is the location of the proposed
easement that will be vacated. Staff has the proper relinquishments and is requesting --
or is recommending approval of this vacation request.
De Weerd: Okay. No further comments?
Nary: Madam Mayor?
De Weerd: Mr. Nary.
Nary: There will be some process change with these vacations. What you will see, if
the Council approves this vacation tonight, I will bring a resolution back for Consent
Agenda -- one of the things that's been missing on some of these vacations is getting
them recorded properly, so I will bring the resolution back before the Council either next
Tuesday or the following Tuesday, with all the proper documentation, so they can get
recorded with the Ada County recorder, so that they actually do get vacated.
Sometimes they haven't been accomplished. So, just so you know, if that's what the
Council action is, you will see it again, but that's the reason why.
De Weerd: Thank you. Okay. Does the applicant have anything further to add? Who
is the applicant? They are not here. So, apparently, they don't have anything to add.
Are they in agreement with all the staff comments, Anna?
Canning: Yes. There are no conditions of approval on a vacation. It's just a yea or
nay.
De Weerd Oh. So, of course, they are.
Canning: Yes.
De Weerd: Okay.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Meridian City Council
October 12, 2004
Page 17 of 39
Rountree: Hearing no further comments, I move that we close the Public Hearing for
Item No. 10.
Bird: Second.
De Weerd: Okay. Moved and seconded to close Item 10. All those in favor say aye.
All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I move that we approve the vacation for VAC 04-006 and have the city
attorney prepare appropriate resolution.
Bird: So second.
De Weerd: It's been moved and seconded to approve the vacation on Item No. 10. Mr.
Berg, will you call roll.
Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea.
MOTION CARRIED: ALL AYES.
Item 11: Public Hearing: AZ 04-012 Request for Annexation and Zoning of 1.82
acres from RT to C -C zone for proposed Wrinkleneck Project by
Wrinkleneck Partners, LLC — northwest corner of East Overland Road and
South Locust Grove Road:
Item 12: Public Hearing: CUP 04-034 Request for a Conditional Use Permit for a
gas station and convenience store in a proposed C -C zone for Maverik
Country Store by Maverick Country Stores, Inc. — 1495 South Locust
Grove Road:
De Weerd: Thank you. Okay. Item No. 11 is a Public Hearing on AZ 04-012,
Wrinkleneck project. Who names these?
Canning: You'll have to ask Mr. Miller.
De Weerd: Okay. I'll open the Public Hearing with staff comments.
Canning: Madam Mayor, would you like to also open the next item, which is a
Conditional Use Permit associated with this annexation request?
Meridian City Council
October 12, 2004
Page 18 of 39
De Weerd: If Council would so desire.
Bird: Yeah. Let's do it.
Rountree: Yes.
De Weerd: Okay. Item 12 is also open for CUP 04-034.
Canning: Madam Mayor, Members of the Council, this property is located in the
northwest corner of the Overland and Locust Grove Road as shown here. It is currently
zoned RUT and is in the unincorporated Ada county. The parcel configuration that you
see was recently created through an Ada County process and is a legal lot by Ada
County standards. There is an existing home on it. I think the black line pretty much
obliterates it. It's in this area here. And that will be removed upon development of the
Maverick County Store, which they have a separate application in for the Conditional
Use Permit for this gas station and convenience store. They are proposing a C -C zone.
The use is an allowed -- a permitted use in the C -C zone, but it's shown as mixed use
on the Comprehensive Plan and the Comprehensive Plan talks about looking at these
items as conditional uses as they are annexed in -- as the properties are annexed into
the city. That's why you have a conditional use before you tonight. The property is
about 1.2 acres in size, after you take out all the right of way. The initial property size is
closer to 2.56. They are, as I said, requesting rezone from RUT in Ada County
Community Commercial and as part of the Conditional Use Permit they are asking
approval for a 3,817 square foot convenience store, five fuel -dispensing islands and
four underground storage tanks. This is the structure. These are the fuel islands. The
driveway cuts are here. Traffic move on either side of the islands and, then, exits back
out onto Overland Road. They have a storm drainage feature out in front here. They
do meet the required 25 -foot buffers for both streets. They have left a portion of the site
undeveloped at this time. Right now the property is only eligible for one building permit,
so you would need to see a plat or some other Conditional Use Permit for further
development of the property. There are some interesting adjoining uses, so I did want
to point them out. As we saw on this map, most of the property surrounding it has not
yet been annexed, although we anticipate that we will see development applications on
that property soon. To the east we have a mobile home park on commercially zoned
land -- RV park. Excuse me. To the north there is an existing residence with out
buildings. It is on property owned by Mr. Van Auker at this time. And EI Paso Natural
Gas Company owns the 4.6 -acre parcel approximately 100 feet north of the subject
property's north boundary, so -- in this area here, I believe. This is Sportsman's Point
Subdivision down here. And, as I mentioned before, some undeveloped properties that
we have been seeing a lot of activity on lately. This project does comes forward with a
recommendation for approval from the Planning and Zoning Commission. They heard
the item on September 16th and have -- Brad Miller testified in favor of the application
and also Dan Murray from Maverick Country Stores. There was no opposition to either
application, written or oral, and the key issues of the discussion were -- were primarily
related to the architectural design of the Maverick store as you see it here. And this is
the east and west elevation. Or I guess this is the east. So, this would face Locust
Meridian City Council
October 12, 2004
Page 19 of 39
Grove Road. And staff had asked for some brick wainscoting on the east elevation to
kind of break up the mass of that blank facade and the planning commission did give
support of that, of staffs recommendation, and has forwarded that to you. So, to staffs
knowledge there are no outstanding issues before the City Council. With that, I will end
staffs presentation.
De Weerd: Anna, I guess I just had one question I didn't see in any of the specific
requirements. We talked about in air quality issues the vapor guards for any proposed
gas stations. Is that -- is that in the conditions of approval or am I missing it?
Canning: I don't believe it's in the conditions of approval. I can look while the applicant
is doing their testimony or they might have something that they can add to that
discussion.
De Weerd: Okay. Okay. Thank you. Any questions for --
Bird: I have none, Mayor.
Rountree: I have none.
De Weerd: Okay. The applicant -- if you will, please, state your name and address.
Miller: My name is Brad Miller, 3084 East Lanark in Meridian. Madam Mayor, Members
of the Council, I'll try to keep my comments to 30 minutes or less.
De Weerd: You will get buzzed.
Rountree: You'll get buzzed by sure means
Bird: And we got an electric prod.
Miller: I thank you for the consideration this evening. Dan Murray of Maverick stores is
here to answer any questions you may have. We have reviewed the staff report and we
agree to the conditions in regard to the annexation and zoning. As Anna stated, the
reason for the Conditional Use Permit is because it's in a mixed-use area and that's a
standard requirement. So, I have no other comments, unless you have any questions.
De Weerd: I guess, Mr. Miller, the only question I would have is what I had asked of
staff and maybe it's not you I would ask.
Miller: That would be a Mr. Murray item
Bird: Yeah.
De Weerd: Okay. Thank you. I believe you were swom in.
Meridian City Council
October 12, 2004
Page 20 of 39
Murray: I was.
De Weerd: If you will, please, state your name and address.
Murray: Dan Murray, Maverick Country Stores, 880 West Center Street, North Salt
Lake, Utah. 84054.
De Weerd: Thank you.
Murray: With regard to the architectural issues that were brought up with the Planning
and Zoning Commission, we have made those changes. So, that east facade of the
building will have the brick wainscot, as well as the cornice detail look across the top.
And, then, Mayor, more specifically to your question on vapor recapture, I'm not sure
what you're -- more specifically, what are you asking?
De Weerd: It's more of the nozzles for the -- where you put gas in the car, it helps
capture the fumes, so --
Murray: So, are you referring to a stage two -vapor recovery?
De Weerd: Oh, yes.
Murray: In different parts of the country --
De Weerd: I have no clue, but I -- I wish I could have said that myself.
Murray: In different parts of the country there are different requirements. A stage one is
a requirement that your fueling trucks allow for vapors to flow back into the tanker,
which -- regardless of what territory we are in, where those requirements are imposed
upon us, we, obviously, comply. We really don't have a choice, but we gladly comply
with them, nonetheless. The stage two vapor recovery is -- usually goes hand in hand
with an EPA mandate and that isn't in place here and that is a fairly complicated system
that allows for vapors that are being pumped into the car to be returned back to the
underground storage tanks. And that's what you're looking for?
Bird: Is that a state law? I don't know.
De Weerd: It isn't. I guess as the industry and the elected officials in the region have
been looking at air quality and where we can affect it at the land use level and -- rather
than at the transportation level, they talked about the vapor issues and that you can
take extra precautions and steps to recapture that. To what extent they didn't go into
that. They did say that it is not a requirement at this time, but it is something that cities
can ask and should pay attention to when gas stations come in front of us and so --
Murray: Typically, what we do is we plumb for it, but we typically don't -- so, the piping
is in place for that -- for that flow to go back to the dispenser, but we typically don't make
Meridian City Council
October 12, 2004
Page 21 of 39
a change on nozzles. The nozzles are bigger and bulkier and most people, as a rule,
don't like them, is why we don't do it, to be honest with you. But you tell us what you'd
like to have us do. I mean at a minimum I'm more than happy to plumb for it. There are
certain areas along the Wasatch Front, for example, stage two -vapor recovery has been
rumored to be just around the corner and so for years now we have been plumbing
facilities, so that when that requirement is in place we easily comply with it. To be
honest with you, my preference would be to do that, versus put everything in place right
now, because, again, the nozzle that's used for that is a little larger and bulkier and it's
not a question of whether we as a company like it, it's just a question of whether patrons
like it and they tend not to like it as well, because it is heavier and bulkier.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Mr. Murray, I believe when you put the skirts around your nozzle, that helps keep
the vapor --
Murray: And those are --
Bird: -- on it. I'm like the Mayor, I'd like — you know, if it isn't too inconvenient, I'd like to
see it plumbed so that if and when it does come in, we are at least prepared to put on
the nozzle and to go for it. That would be my preference.
Murray: And that is something that makes tremendous economic sense for us, because
at that point we don't have to come back and cut concrete and lay pipe and do that type
of thing. So, there is an expense to it, but we are more than happy to bear that
expense. That's not a big deal.
Wardle: Madam Mayor?
De Weerd: Mr. Wardle.
Wardle: And as our air quality board representative, one of the things that we have
looked at is as we approach attainment levels with nox here in the valley, which is,
essentially, what some of these situations -- and what they typically refer to as the boot,
which goes on that -- that nozzle, are required in areas of California, and so while,
certainly, we hope that we don't reach that attainment level, I think that Maverick has
anticipated that some regulation may come down and has incorporated that into their
economic plan and so just to let know kind of where we are at within those discussions
at the air quality level. We, again, haven't reached that level where we need to mitigate
through EPA standards.
De Weerd: Thank you.
Murray: Any other questions?
Meridian City Council
Odtober 12, 2004
Page 22 of 39
De Weerd: No. We appreciate that education.
Murray: Thank you.
De Weerd: Any other issues, Council?
Bird: I have none, Mayor.
De Weerd: Okay. Is there anyone else who would like to offer testimony on this
application? Okay.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we close AZ 04-012 and CUP 04-034.
Rountree: Second.
De Weerd: Its been moved and seconded to close the Public Hearing for Wrinkleneck
project and Item 12, the Maverick Country Store. All those in favor say aye. All ayes.
Motion carries.
MOTION CARRIED: ALL AYES.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Hearing no discussion, I'd move we approve AZ 04-012, the annexation and
zoning of 1.82 acres of RUT to C -C zone and to incorporate all the staff and applicant
testimony.
Wardle: Second.
De Weerd: It's been moved and seconded to approve Item 11 for AZ 04-012. Mr. Berg.
Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea.
MOTION CARRIED: ALL AYES.
De Weerd: Mr. Murray, I think I would take exception to the name of this project, but we
will have to work with --
Miller: Have you ever met Mr. Van Auker?
Meridian City Council
October 12, 2004
Page 23 of 39
Bird: Oh, yeah. We all get older and wrinkles in our neck. Madam Mayor?
De Weerd: Item 12. Yes, Mr. Bird.
Bird: I move we approve CUP 04-034 and to incorporate staff and applicant testimony
and that would include plumbing for a code two vapor? Is that what it's called? Stage
two vapor.
De Weerd: And the boot?
Bird: The boot's automatic, I believe. They come automatic.
De Weerd: Not necessarily.
Bird: The little boot on the --
De Weerd: I'm sorry.
Murray: You're talking about, really, a little shield.
Bird: The little boot -- I call it a boot. A little shield. Yeah.
De Weerd: Okay. It's a shield.
Wardle: Madam Mayor, I apologize, that's the layman's term for what would happen to -
- as I understand it, to make the process work, if that were to become a compliance
issue for this area.
Bird: That's -- and that's what we want and that's what he agreed to.
De Weerd: Okay. Do I have a second?
Wardle: Second.
De Weerd: Thank you. Is there any further discussion? Mr. Berg.
Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea.
MOTION CARRIED: ALL AYES.
Item 13: Public Hearing: AZ 04-005 Request for Annexation and Zoning of 5.27
acres from RUT to R-4 zone for Packard Acres Subdivision No. 3 by
Packard Estates Development, LLC — east of North Locust Grove Road
and south of East Ustick Road:
Meridian City Council
October 12, 2004
Page 24 of 39
Item 14: Public Hearing: PP 04-006 Request for Preliminary Plat approval of 20
single family residential building lots and 1 common lot on 5.27 acres in a
proposed R-4 zone for Packard Acres Subdivision No. 3 by Packard
Estates Development, LLC — east of North Locust Grove Road and south
of East Ustick Road:
De Weerd: Thank you. We know enough to be dangerous. Okay. Items 13 and 14, 1
will open the public hearings on AZ 04-055 and PP 04-006. Staff comments.
Canning: Madam Mayor, Members of the Council, this is one of the last five acres in
the middle of Packard Acres Subdivision. The property to the south still remains in the
county and is the residence of the Sharps. The applicant is requesting zoning to R-4
from RUT. The property is 5.27 acres in size. There is an existing home on the
property that will be removed. I'm going to, for some of you refresh your memory on
previous applications and for Council member Donnell this will be new information. On
April 15th of this year the Planning and Zoning Commission recommended approval of
Packard Acres No. 3 to the City Council and that was both the annexation and zoning
and the preliminary plat. The City Council conducted a hearing on May 18th and at that
time you directed staff to approve the annexation for R-4, but denied the variance
application associated with the project that would have allowed the preliminary plat to
go through. Now, on June 22nd, the applicant requested that the City Council not adopt
the findings for the annexation, because they thought at that time that they would be
seeking R-8 zoning, instead of R-4 zoning, but they have -- after talking with the
neighbors, they did decide to stay with the R-4 zoning. So, that issue is back before
you again. Both items, the annexation and zoning and the preliminary plat, went back
to the Planning and Zoning Commission on September 16th of this year and they have
recommended approval of this plat back to you and I'll get into that hearing in just a
moment, but on your original denial of the variance that would allow the preliminary plat
to go through, the discussion focused on the existing house as seen here. It did not
meet the setback requirements for the zone, so they had asked -- that's what the
variance application was for. The other issues that came up during that hearing, the
open space was along Wingate Lane and the Council had some concerns with that and
there was a small open space in this area that provided for drainage for the road. It
wasn't really an open space, it was a drainage area. And, then, without the variance for
the house setback, it would have required kind of a jog in the road and so there was
quite a bit of Council discussion regarding that. The application that you see before you
tonight does seem to address all those concerns. It's a pretty straight -forward design.
They have the two stub streets that connect. This is a straight R-4 subdivision with 80 -
foot lot frontages and 8,000 square foot minimum lot size. As I mentioned before, the
Planning and Zoning Commission has recommended approval of this project to you.
They have -- to summarize the Public Hearing, those testifying in favor were Pat Tealey
of Tealey's Land Surveying, and Craig Groves, the developer. Commenting were Dale
Sharp, Sonya Barber, Helen Sharp, Chip Gallagher, and Dave Battaglia. And note that
Brad Hawkins -Clark has noted that the -- generally, those commenting against it weren't
opposed to the entire subdivision, just portions of it, specifically Wingate Lane was the
primary focus of the discussion. And the traffic and pedestrian safety conditions on
Meridian City Coundl
October 12, 2004
Page 25 of 39
Wingate Lane, the perimeter fencing on the south property line was also discussed and
adjacent to Wingate Lane. And the neighbors had proposed a gate on Wingate Lane --
and if I can show you where they had proposed that. It was -- I'm going to have to keep
my hand steady. It's in about that location. So, it was an off-site location. They felt that
that was the best location to keep -- it would be a gate that the Wingate -- that the
Sharps could activate. They felt that location was appropriate, because it kept people
from kind of using it to get out to the -- to the main arterial, but it wasn't too close to the
house or restrict the movement through there. So, the key Commission changes to the
staff recommendation were to modify the site specific condition number one to note that
there was existing chain link fence on the south property line -- Cops. Right up here.
Sorry. Got to go down to here, don't I? There we go. On the south property line and
that there was an existing wood fence on the west property line and that those were
approved and -- or recommended for approval. And to modify site specific condition
number 3A to add a prohibition of direct access to Wingate Lane as part of the CC&Rs
for the subdivision. Basically saying you can't directly access it from those three lots.
And to replace site-specific condition number 3B with the following and it says the
developer shall place adequate money into an escrow account for the construction of a
gate across Wingate Lane at the north property line of Packard Acres Subdivision No.
1. And that was the location I pointed out. Such an escrow account shall remain until
such time as the Wingate Lane users associated has agreed to the placement of the
gate or until six months has elapsed, whichever comes first. If the time elapses without
an agreement on the gate location, the money shall be returned to the applicant and no
further discussion of the gate shall ensue. I read that in detail, because that is kind of
their outstanding issue before City Council. That would be an off-site improvement that
the city is requiring of the applicant. I think that there was enough -- enough provisions
put into the wording of the application -- or to the condition that the applicant wasn't too
scared that they couldn't get out of the condition in a timely fashion, but I'm not sure that
they would have offered that to the city on their own. And, then, also regarding that
condition, it does not clarify what an adequate amount of money is or who will determine
the cost. So, if you do want to uphold that condition, staff recommends the applicant
provide at least two cost bids for time and materials for the gate construction to the P&Z
department and the planning director to make that final cost determination. It also
doesn't clarify if the Wingate Lane users association must provide unanimous consent
to the gate location or some other agreement. So, if the city -- again, if the City Council
wishes to uphold that condition, staff just needs some recommendations and some
clarification on what they need to do. And with that I will end staffs presentation.
De Weerd: Anna, just one question is -- since the Sharps aren't here tonight, is that
something --
Nary: There is a letter.
De Weerd: What?
Nary: There is a letter from them.
Meridian City Council
October 12, 2004
Page 26 of 39
De Weerd: Okay.
Canning: Oh, is there a letter?
De Weerd: Oh. Okay. We will get to you in a moment. I appreciate you saying
something. I will ask her, rather than you, then. Would the applicant like to come
forward? Were you sworn in?
Tealey: Pardon me?
De Weerd: Were you sworn in?
Tealey: No, I wasn't.
De Weerd: Okay. Is the testimony you provide tonight the truth, the whole truth, and
nothing but the truth, so help you God?
Tealey: Yes.
De Weerd: Thank you. Please state your name and address.
Tealey: My name is Pat Tealey. Office address 2501 Bogus Basin Road in Boise.
De Weerd: Thank you.
Tealey: We are back before you with the application, basically, in the cleaned up form
from when we had our discussion with you in May. The main changes to the
subdivision plat are the relocation of the open area, the five percent open area as
required by the zone. We are no longer asking for the variance of one foot for the
setback issue that we had on the house. The house is being torn down and that's a
condition of the plat approval. I believe that was in here somewhere, that we were
going to be required to remove that house and the developer has agreed to that, so the
variance won't be needed. I have reduced the number of lots from 22 buildable lots to
20 buildable lots. A loss of two lots in order to keep with the R-4 zone frontage
requirements with the relocation of the open area. And, basically, the discussion
centered around a gate that was going to be required — or that was requested by the
Wingate -- I guess it's the road users association. A few years ago -- or I think it was a
couple of years ago we had agreed in principle to build a gate and at that time it was
required that all the members of the Wingate Road users association sign onto the fact
that a gate would be required and it was -- a deal was brokered out between ourselves
and the highway district and attended by the road users association. At that time there -
- we thought we had a unanimous consent on the thing, but the next day the Sharps
had told us, basically, they weren't going to agree with the fact that a gate should be
built on the road. So, we couldn't get unanimous consent. As we understand it, the
homeowners to the north of Packard Acres Development would agree to the location of
a fence there. So, the deal sort of fell apart, even though we had agreed in principle to
Meridian City Council
October 12, 2004
Page 27 of 39
putting the gate in here. At the last meeting on September 16th, Mr. Gallagher, who
represents the people to the north of Packard developments, came forward and
requested that a gate be a requirement of this final five acre plat in Packard Acres
development. The developer agreed to -- again, to build this gate for them and we have
had discussions with Mr. Gallagher over, you know, what kind of gate and how much it
should cost and where it should be put, things like that. He has provided us with one
estimate that he just gave us tonight of 7,500 dollars, but that didn't include some
electrical, so we, basically, agreed to an 8,000 dollar cost for the gate and we would be
more than willing to put that — or give them the money for the gate and let them build it
and let them, basically, deal with their own road users association, as whether or not
they can get unanimous consent. What we would like the condition on the plat to be is
that we provide them with an amount of money equal to a bid situation for the -- for the
placement of that gate. We will give them that money and at the time we give them the
money and get the receipt from them, we would like that condition to be, then, satisfied
on the plat. If we have to be held to a standard where we are going to have to provide
unanimous consent on the road users association, we already know that the Sharps
aren't going to be part of that, so we would, basically, be held up in the platting process
by that agreement. We are not -- while we do own the land that the Wingate goes over,
we have no access to it, so we, really, are not part of that road users association as far
as using the road at all. We feel that's an internal matter, but we are willing to agree to
give them the money to build a gate. Mr. Gallagher is here to clarify the situation if you
have any questions and we would like that condition to be worded such that we will be
required to give them the money. Once we give them the money, that condition would
be satisfied.
De Weerd: Okay. Any questions from Council? Okay.
Tealey: I believe that pretty much takes care of the outstanding issues.
De Weerd: Okay. Thank you so much.
Tealey: Thank you.
Canning: Madam Mayor, I forgot to give you a little bit of additional information. Brad
Hawkins -Clark did talk to Scott Cook with Ada County Development Services regarding
putting a gate across Wingate Lane. As you can see from this -- this map. Sorry. The
word escaped me right there — that Wingate Lane goes -- it's in the county, then,
crosses into the city and, then, goes back in the -- well, it will be in the city through here
and, then, goes back in the county and the county in 2000 did adopt an ordinance that
prohibits gates across private lanes, so the question was posed to Ada County
Development Services staff as to how they would feel about a gate across Wingate
Lane and Scott Cook responded saying that, yes, there is a prohibition on gates on
private lanes, but Wingate Lane is recognized as legal access by Ada County and
existed prior to their being any standards for private roads and he believes that the
question of the gate is within the City of Meridian's jurisdiction, not Ada county's,
particularly as it's on city property.
Meridian Clty Council
October 12, 2004
Page 28 of 39
De Weerd: Thank you. Thank you, Pat. Okay. Audrey Bentley. If you will, please,
state your name and address.
Bentley: Audrey Bentley, 620 East Wakely Court, Meridian, Idaho.
De Weerd: Thank you.
Bentley: Mayor, Councilmen, I am speaking for my parents. Unfortunately, they
couldn't be here tonight. I believe they sent you a statement prior to this saying they
wouldn't be able to be here. I have tried to be up on this, but you know, I'm not all the
way up on it, but I do know that they are not opposed to the annexation or development
of Packard Estates No. 3, but they do oppose the crossing of the lane once again by
Meadowgrass, which I think they intend to do, for safety and liability issues, because it
is a safety issue, which Captain Musser has been out there and did say it was a safety
issue with traffic crossing -- you know, going across the lane and traffic coming down
the lane, it is a safety issue. The other thing with the gate -- and I was not at the
Planning and Zoning. I know the gate came up and my parents are opposed to the gate
and when asked if there was any other people opposed to the gate on the lane, Dixie
Roberts stated she was opposed to the gate on the lane. So, they don't have -- and the
gate should be discussed by the private property owners, the users that use the lane,
and so he doesn't have everybody in agreement. And the gate would affect my parents
more than anybody. It would affect emergency vehicles, utility vehicles, family, whoever
wanted to come see them. You know, how many codes can you give out, I mean -- and
who is going to maintain that gate when it breaks down? Are the people on the lane
going to continually want to fix that gate is it is going to be -- you know, who is going to
continue to maintain that gate? And I -- so I know that's what their issues are.
De Weerd: Thank you. Any question?
Bird: I have none, Mayor.
De Weerd: Thank you.
Bentley: Unfortunately, they can't be here, but I think it should -- they should be able to
come and speak at a later date. I think there should probably be -- I'm sure it will come
up again, let's put it that way.
De Weerd: Okay. Thank you. Chip Gallagher. Were you sworn in? Okay. Is the
testimony you provide tonight the truth, the whole truth, and nothing but the truth, so
help you God?
Gallagher: I do.
De Weerd: Thank you. Please state your name and address.
Meridian City Council
October 12, 2004
Page 29 of 39
Gallagher: My name is Chip Gallagher, I live at 3020 North Wingate Lane
De Weerd: Thank you.
Gallagher: Madam Mayor. Councilmen. I think Mr. Tealey summed up our position as
homeowners on the north side of Wingate pretty clearly. It's a safety issue for us. It
was an agreement we entered into with ACHD and I believe with you, with the City
Council, when the last Packard Estates was processed, that this gate would be in place.
The Sharps seemed to have an issue with the gate. Those of us on the north side don't
understand it. It's an issue for us and our kids, it's a maintenance issue for the road, the
Sharps will be given full access to the gate, codes, remotes -- they can access Locust
Grove, Fairview, and Ustick from their home location now that they have the public
street Challis. The rest of us are simply trying to protect the quality of life that we have.
De Weerd: I have a question. Mrs. Bentley mentioned maintenance. If it were installed
and anything were to be a problem, would the road users take responsibility for that.
Gallagher: Absolutely. I think that's why the solution of giving the road fund money
and, then, relieving them of responsibility is appropriate. We will maintain it. We have
to use it, that will be our responsibility, not the developer's.
De Weerd: Any other questions, Council?
Wardle: Madam Mayor?
De Weerd: Mr. Wardle.
Wardle: Mr. Gallagher?
Gallagher: Yes, sir.
Wardle: The road users association is a private -- is a separately held organization,
which is capable of accepting these funds for road improvements; is that true?
Gallagher: No. The term road association is loosely held. There are six of us on the
north side and all of us -- we haven't talked to Dixie, Dixie has been ill. I talked to her
daughter the other day as I stopped around the lane to discuss this. It's six
homeowners that unilaterally pay into that fund and maintain the road and we have all
agreed to take care of the gate.
Wardle: But the -- Madam Mayor, follow up? There is a separate fund --
Gallagher: There is.
Wardle: -- which could accept --
Meridian City Council
October 12, 2004
Page 30 of 39
Gallagher: That's correct. We place money into that account quarterly and that's what
pays to maintain the road.
Wardle: Thank you.
De Weerd: Thank you. Any further questions? Okay. Thank you. Is there anyone
else who would like to provide testimony on this application? Okay. Does the applicant
have any additional comments? Okay.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I would move we close Item AZ 04-005 and PP 04-006.
Rountree: Second.
De Weerd: Okay. We have a motion to close the public hearings on Items 13 and 14
and a second. All those in favor say aye. All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
De Weerd: Any further information or discussion?
Rountree: Hearing no discussion, Madam Mayor, I move that we approve Item 13, AZ
04-005, for the annexation and zoning for Packard Sub No. 3.
Bird: Second.
De Weerd: It's been moved and seconded for approval for Item. Is there any further
discussion?
Rountree: I guess maybe a clarification from counsel. Do we need, in the annexation,
a clarification of what happens with the gate fund or can we do that with subdivision
plat?
Nary: Madam Mayor, Members of the Council, Council member Rountree, I think -- I
think to be safe, I would probably include whatever condition you want in both. I think
it's probably just for the plat, but since it's an off-site improvement that you're asking and
they are agreeing to, annexation would probably be as good.
Rountree: Madam Mayor, I'd like to withdraw my motion, so we can discuss that
Bird: Second agrees.
De Weerd: Okay.
Meridian City Council
October 12, 2004
Page 31 of 39
Rountree: We have the offer for the funds, we have the acceptance of at least a portion
of the folks that utilize that for the protection, I guess, of most both. I don't know what
kind of conveyance vehicle or language there ought to be, but it ought to be fairly
straight forward that that money is being offered for the gate within a certain period of
time. If that's not taken advantage of, then, it's remitted back to the developer. Is the
language in the current concern that clear or is it more convoluted than it needs to be?
Nary: Madam Mayor, Members of the Council, Council member Rountree, there wasn't
a discussion at the Planning and Zoning Commission regarding a development
agreement and I don't know if that was just an oversight or intentional as a part of the
annexation. Since we are looking at this as an off-site improvement that's being offered
by the developer, which is probably the only way we could do it, was there any thought,
Mrs. Canning, regarding maybe doing it as part of a development agreement condition
and, then, we can't put the same conditions that have been requested, but we would
have a mechanism in which to enforce it a little bit easier than simply a condition on the
plat.
Canning: Madam Mayor, Members of the Council, Mr. Nary I don't recall there being
discussion of a development agreement. It probably caught staff a little off guard at the
Public Hearing and we did not talk specifically about a development agreement, but that
would seem to be the appropriate avenue. I would agree.
Rountree: So, we could have -- as part of the motion that -- stipulate the preparation of
a development agreement to address the issue of fund for the gate.
Nary: Madam Mayor, Members of the Council, Council -member Rountree, that
probably would be the easiest mechanism and also for Mr. Groves to have an
enforcement tool, rather than just simply as a condition, since what's being proposed by
the developer is a -- is an offer that's going to go away in a fairly short period of time,
that might be the best protection both for the city and the developer's offering and also
at least there is something in writing for the road association to be able to try to work
around to get this accomplished.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: On that gate, as I understand it, it, of course, would be according to where the
location is, but, actually, the only ones that are going to be involved in that gate, it's
going to be the Sharp's place that's down at the very bottom of the lane. The people
north of that, the gate would be used to close up and so people can't come out and use
it as public, I understand that. The location of it is to me -- I would like to know where
they do plan on putting it, because, you know, if it's only affecting -- it would only affect
people coming to the Sharps, as I see it now, and knowing that and being out there as
many times as I have been out there and where this goes, Sharps' place is the only one
Meridian City Council
October 12, 2004
Page 32 of 39
that would be affected by this gate as far as getting in and out. And they do have other
ways of getting in and out now that subdivision is being done.
Wardle: Madam Mayor?
De Weerd: Mr. Wardle.
Wardle: If I could -- just to clarify what I heard, I think the concern from the developer is
that they are willing to make this contribution and uphold their end of whichever bargain
they made in the first place, but they don't want it to hold up the plat as a condition. And
I think maybe in all fairness there was a condition where with six months, if certain
things didn't happen, and there was a question of -- that staff brought up in the earliest
presentation, that a development could be drafted, which allows the developer to
proceed forward with the plat after receipt of the funds and, then, at such reasonable
time -- and I don't know if that's -- maybe we could talk about that, but I'm thinking 12
months, if substantial completion of the construction is not completed, then, that money
would revert back to the developer.
Rountree: If you have got that well thought out, go ahead and make a motion.
Bird: Go ahead and make a motion.
De Weerd: You just earned the right to make a motion.
Wardle: Madam Mayor?
De Weerd: Mr. Wardle.
Wardle: I move that we approve AZ 04-004, annexation and zoning for Packard Estates
Subdivision No. 3 and to include the condition of a development specifically for the
addition of a gate and that developer will deposit the sum of 8,000 dollars into the fund
for the Wingate Road users and from there be relieved of any plat conditions. At such
time that one-year from execution of the deposit, if substantial completion of the gate is
not completed, the entire fund balance of 8,000 dollars reverts back to the developer.
De Weerd: Do I have a second?
Rountree: I will second that.
De Weerd: Okay. Any discussion?
Wardle: I'm not an attorney. You can pick that apart if you want.
De Weerd: Mr. Nary, do you have sufficient information provided from that motion?
Nary: I do.
Meridian City Council
October 12, 2004
Page 33 of 39
De Weerd: Thank you. Okay. Hearing no further discussion, Mr. Berg, will you call roll.
Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea.
MOTION CARRIED: ALL AYES.
De Weerd: Okay. All ayes. Item 14.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I move that we approve the preliminary plat request PP 04-006 for Packard
Acres Sub No. 3, subject to all staff comments and the comment and motion made
previously for Item 13.
Wardle: Second.
Canning; Madam Mayor?
De Weerd: We do have a motion and a second. Anna.
Canning: Councilmember Rountree, would that also include to remove condition
number 3B, which is the current wording regarding the gate?
Rountree: Yes.
Canning: Thank you, sir.
Wardle: Second agrees.
De Weerd: Okay. Is there any further discussion? Mr. Berg, will you call roll.
Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea.
MOTION CARRIED: ALL AYES.
Item 15: Ordinance No. 04-1108 : RZ 04-009 Request for a Rezone of
16.49 acres from R-4 to R-4, R-8 and L -O zones for Larkspur
Subdivision by Larkspur, LLC — 2090, 2190 and 2240 South Meridian
Road:
Item 16: Ordinance No. 04-1109 : AZ 04-013 Request for Annexation
and Zoning of 13.5 acres from RUT to C -G zones for Stow -It Storage
Meridian City Council
October 12, 2004
Page 34 of 39
Facility by Lyons Development, LLC — southwest corner of Stoddard
Road and West Overland Road:
Item 17: Readopt Ordinance No. 04-1095 : RZ 04-006 Request for a Rezone
of 16.1 acres from R-4 to R-8 zone for Sutherland Farm Subdivision No. 4
by Sutherland Farm, Inc. — east of South Eagle Road and north of East
Victory Road:
De Weerd: Thank you. Items 15 and 16 and -- can I include 17 in that? Okay. Are all
ordinances, 04-1108, 04-1109, and 04-1095. Mr. Clerk, will you, please, read these
three ordinances by title only.
Berg: Thank you, Madam Mayor, Members of the Council. Ordinance No. 04-1108, an
Ordinance finding that Calderwood Community, LLC, Jack and Caroline Swenson and
Donald Minegar, the owners of certain real property generally located one third mile
south of the southeast intersection of North Meridian Road and East Overland Road,
within Section 19, Township 3 North, Range 1 East, Boise meridian, City of Meridian,
Ada County, Idaho, to be known as Larkspur Subdivision and which lies contiguous or
adjacent to the city limits of the City of Meridian, County of Ada, State of Idaho, request
for a rezoning in writing to the Council and that said land be rezoned and designated
Low Density Residential District (R-4), Medium Density Residential District (R-8) and
Limited Office District (L -O) and declaring that said land, by proper legal description as
described below, be a part of the City of Meridian, County of Ada, State of Idaho,
repealing all ordinances, resolutions, orders, or parts thereof, in conflict herewith, and
directing the city engineer to add said property to the official maps of the City of
Meridian, Idaho, and directing the Clerk of the City of Meridian to file a certified copy of
the ordinance and map of the areas to be rezoned with the Ada County -recorder,
auditor, treasurer, and assessor and the State Tax Commission of the State of Idaho,
pursuant to Idaho Code Section 50-223 and Section 63-2215.
Berg: Ordinance No. 04-1109, an Ordinance finding that Idaho Power, the owner of
certain real property generally located on the southwest corner of the intersection of
Overland Road and Stoddard Road in Section 24, Township 3 North, Range 1 West,
Meridian, Idaho, to be known as Stow -it Self Storage and which lies contiguous or
adjacent to the city limits of the City of Meridian, County of Ada, State of Idaho, have
made a request for annexation in writing to the Council that said land be annexed to the
City of Meridian and zoning designated General Retail and Service Commercial District
(C -G) and declaring that said land, by proper legal description as described below, be a
part of the City of Meridian, County of Ada, State of Idaho, repealing all ordinances,
resolutions, orders, or parts thereof, in conflict herewith, and directing the city engineer
to add said property to the official maps of the City of Meridian, Idaho, and directing the
Clerk of the City of Meridian to file a certified copy of the ordinance and map of the
areas to be annexed with the Ada Countyrecorder, auditor, treasurer, and assessor and
the State Tax Commission of the State of Idaho, pursuant to Idaho Code Section 50-
223 and Section 63-2215.
Meridian City Council
October 12, 2004
Page 35 of 39
Berg: And Ordinance No. 04-1095 -- just to remind you, this is the ordinance that we
had to fill in the blanks and we got it rewritten so we didn't have to, if you remember.
So, it's past its ten days of recording, so we are re -approving it. Ordinance 04-1095, an
Ordinance finding that the owners of Sutherland Farms, Inc., for certain real property,
has made a written request for rezone of the zoning classification for real property
located approximately one half a mile south of Overland Road on the east side of South
Eagle Road, Meridian, Idaho, and that lies within the boundaries of the City of Meridian,
from R-4, Low Density Residential District Zoning District, to R-8, Medium Density
Residential District, as defined under Meridian City Code Section 11-7-2D, repealing all
ordinances, resolutions, orders, or parts thereof, in conflict herewith, and directing the
city engineer to add said rezoning designation to the official maps of the City of
Meridian, Idaho.
De Weerd: Thank you, Mr. Berg. You have now heard these three ordinances read by
title only. Is there anyone -- Frank, you're the only one that ever is here during this
reading. Would you like to hear it read in its entirety? Thank you.
Bird: I was going to say, if so, get up here and start reading.
Rountree: It's your turn.
De Weerd: Well -- and I have to ask that, just because we always have, and so we are
all anxious for this ordinance to change.
Bird: You ought to ask one time.
De Weerd: It has been known to happen. My secretary embarrassed Mr. Berg on that
one. Is there any motion?
Rountree: Madam Mayor?
De Weerd: Yes, Mr. Rountree.
Rountree: I move that we approve Items 15, 16 and 17, with suspension of rules
Bird: Second.
De Weerd: It's been moved and seconded to approve Items 16, 17, and 15. Any
further discussion? Mr. Berg.
Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea.
MOTION CARRIED: ALL AYES.
Item 18: Housekeeping Items for Council
Meridian City Council
October 12, 2004
Page 36 of 39
De Weerd: Thank you. Item 18 is just a housekeeping item for Council to have a
president, vice-president, and reaffirm assignments for Council liaison.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: We -- as the attorney says, we need to do this. Now, these assignments will get
until January, so I would take -- I would enter a motion for president of the City Council.
Rountree: Madam Mayor?
De Weerd: Yes, Mr. Rountree.
Rountree: I would move that -- or recommend that Councilman Bird be promoted from
vice-president to president and serve out the remainder of the presidency until January.
Wardle: Second.
De Weerd: Oh, you got a promotion, Mr. Bird.
Bird: Just until January.
De Weerd: It's been moved and seconded to have Mr. Bird as president of City Council.
Is there any further discussion? I don't have to call roll. All those in favor say aye. All
ayes. Motion carries.
MOTION CARRIED: ALL AYES.
Bird: And we need the vice-president.
De Weerd: Okay. Vice-president.
Wardle: Madam Mayor?
De Weerd: Yes, Mr. Wardle.
Wardle: I would move that we elect the Honorable Councilman Rountree as the vice-
president to serve out this term in such a manner until January.
Bird: Second.
De Weerd: Okay. The motion is Charlie has it. All those in favor say aye. All ayes.
Motion carries.
MOTION CARRIES: ALL AYES.
Meridian City Council
October 12, 2004
Page 37 of 39
Bird: Madam Mayor, if I may.
De Weerd: Yes, Mr. Bird.
Bird: Councilwoman Donnell, if it's okay with you, and Mr. Nary and Stacy and the
Mayor and Mr. Berg will help you out, your assignments will be finance, Mayor's office,
public -- or human resources and city attorney and city clerks. And the committee you
would serve on is Valley -Ride. And if the Council approves, I'd like to see a resolution
having Attorney Bill Nary as a replacement at Valley -Ride when needed. We have to do
that by resolution. I understand. And if the Council agrees, I'd like to see a resolution
next week letting him be an alternate.
Rountree: Is that a motion?
Bird: What?
Rountree: Is that a motion?
Bird: That's a motion.
Rountree: Second.
De Weerd: Okay. It's been moved and seconded. Does Council member Donnell have
any comment?
Donnell: None whatsoever.
De Weerd: It seems like the train has been very active tonight.
Donnell: It truly has been.
De Weerd: Okay. Mr. Berg, will you call roll on this.
Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea.
MOTION CARRIED: ALL AYES.
Donnell: Madam Mayor?
De Weerd: Yes.
Donnell: Just for the record, so that the rest of the Council members know, that I have a
trip, a two week trip planned for these next two weeks and so I will not be here, I will be
absent and I apologize for that, but it was planned a long time ago, so I will not be here.
Meridian City Council
October 12, 2004
Page 38 of 39
De Weerd: Well, we did discuss that and they decided that it didn't matter.
Bird: Who gets a vacation?
Rountree: Yeah. That's part of the job.
Canning: Madam Mayor?
De Weerd: Yes, Anna.
Canning: President Bird -- I got that in there, didn't I? So, can you clarify the - Mr.
Nary was covering Planning and Zoning, as was Mr. Wardle, so I'm just wondering --
Canning: You had your --
Canning: -- who my representative --
Bird: Mr. Wardle will be doing that and we will keep -- for four months here we will let
Christine off the hook a little bit and, then, we will get after her.
Nary: Madam Mayor?
De Weerd: Mr. Nary.
Nary: On the Valley -Ride appointment, they do require a resolution and Mr. Hawkins -
Clark was the other alternate. Mr. Smith was one of them and Mr. Hawkins -Clark. If it's
all right with the Council, I'm sure Mr. Hawkins -Clark will continue as a potential
alternate, as well as myself. But I would just replace Mr. Smith, so --
De Weerd: Yes. Thank you. I also -- Mr. Watson, I know that Gary Smith was our
replacement on Compass or an alternate. Mr. Wardle is also an alternate. Do you
desire to stay on as an alternate or would another staff member be more appropriate?
Between you and Anna.
Rountree: I think you have your answer right here.
De Weerd: Between you and Anna you can discuss if another staff member is more
appropriate.
Watson: Maybe we should go discuss it.
De Weerd: Okay.
Watson: Whatever you would like me to do. And I don't know what Gary's exact roll
was in that, but --
Meridian City Council
October 12, 2004
Page 39 of 39
De Weerd: He filled in where -- so we always had two representatives present at the
board and if Councilman Wardle would not be able to attend, he would, then, step in.
So, I'll let you and Anna discuss it while we are in executive session and we can find out
when we come back out.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: We have to know, because we have to have it approved at Compass this next
Monday, so --
Canning: Madam Mayor?
De Weerd: Yes.
Canning: Members of the Council, given that we have a transportation planner now, it
might be appropriate to actually have Steve Siddoway fill that function and I'm sure Brad
is -- just got a vote of approval from Brad over here, too, so —
Item 19: Executive Session per Idaho Code 67-2345(1)(c) and (1)(f).
Bird: Madam Mayor?
De Weerd: Yes, Mr. Bird.
Bird: I move that we go into executive session as per Idaho State Code 67-2345(1)(c),
(1)(f).
Rountree: Second.
De Weerd: It's been moved and seconded to move into -- or adjourn into executive
session. Mr. Berg, will you call roll.
Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea.
EXECUTIVE SESSION:
MOTION CARRIED: ALL AYES.
De Weerd: I would entertain a motion to come out of Executive Session.
Rountree: So moved.
Wardle: Second.
Meridian City Council
October 12, 2004
Page 40 of 39
De Weerd: All those in favor say aye.
ALL AYES. MOTION CARRIED.
De Weerd: Just for the record, let it be noted that no decisions have been made while
in Executive Session. I did need a motion to have Steve Siddoway listed as one of the
alternates for COMPASS.
Rountree: So moved.
Wardle: Second.
De Weerd: Okay. Mr. Berg, will you call roll.
Berg: Thank you Madame Mayor, members of the Council.
Roll -Call: Rountree, aye; Wardle, aye; Donnell, aye; Bird, aye. All approved.
De Weerd: Do I have a motion to adjourn?
Bird: So moved.
Rountree: Second.
De Weerd: All those in favor, say aye.
ALL AYES. MOTION CARRIED.
MEETING ADJOURNED AT 9:36 P.M.
(TAPE ON FILE OF THESE PROCEEDINGS)
MAY40 ■, ��
ATTEST:
/IS/ &"') 4—
DATE APPROVED