HomeMy WebLinkAbout2004 11-23Revised 11-23-04
CITY OF MERIDIAN
CITY COUNCIL REGULAR MEETING
AGENDA
Tuesday, November 23, 2004 at 7:00 p.m.
City Council Chambers
1. Roll -call Attendance:
X Shaun Wardle X Christine Donnell
X Charlie Rountree X Keith Bird
X Mayor Tammy de Weerd
2. Pledge of Allegiance: Gordon Beck, Trevor Leighton
3. Community Invocation by Pastor Kevin Moyer, with Meridian First
Baptist Church: Presented
4. Adoption of the Agenda: Approve as revised
5. Consent Agenda:
A.
Approve
Minutes
of
October 12,
2004
Pre -Council
Meeting:
Approve
B.
Approve
Minutes
of
November 3,
2004
Pre -Council
Meeting:
Approve
C.
Approve
Minutes
of
November 3,
2004
City Council
Regular
Meeting:
Approve
D.
Approve
Minutes
of
November 9,
2004
Pre -Council
Meeting:
Approve
E. Findings of Fact and Conclusions of Law for Approval: PP 04-
032 Request for Preliminary Plat approval for 8 commercial
building lots and 1 common lot on 3.86 acres in a C -G zone for
Central Valley Corporate Park No. B. This is a re -subdivision of
Lots 21 and 22, Block 2, Central Valley Corporate Park No. 6 by
Steve Wensel — 929 South Industry Way: Approve
F. Findings of Fact and Conclusions of Law for Approval: CUP
04.037 Request to modify the existing Conditional Use Permit
(Planned Development) approval for the construction of a 96 -unit
Meridian City Council Agenda—November 23, 2004 Page 1 of 4
Revised 11-23-04
apartment complex to a 65 -unit assisted living retirement facility in
an R-40 zone for Devon Park It (Fairview Lakes) by Fairview
Lakes, LLC — 824 East Fairview Avenue: Approve
G. Findings of Fact and Conclusions of Law for Approval: CUP
04-028 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: Approve
H. Findings of Fact and Conclusions of Law for Approval: RZ 04-
011 Request for a Rezone of 9.16 acres from R-8 to C -C zone for
Calms Crossina Subdivision by Landmark Engineering and
Planning, Inc. — south of West Cherry Lane and east of Linder
Road: Approve
I. Findings of Fact and Conclusions of Law for Approval: PP 04-
033 Request for Preliminary Plat approval of 11 commercial
building lots on 9.16 acres in a proposed C -C zone for Calms
Crossing Subdivision by Landmark Engineering and Planning,
Inc. — south of West Cherry Lane and east of Linder Road:
Approve
J. Findings of Fact and Conclusions of Law for Approval: AZ 04-
025 Request for Annexation and Zoning of 121.96 acres from R4
(Ada County) to R-4 zone for Vienna Woods Subdivision No. 1-7
and Edinburoh Place Subdivision No. 1-2 by the City of Meridian
— NEC of East McMillan Road and North Locust Grove Road:
Approve
K. Development Agreement: AZ 03-M Request for Annexation
and Zoning of 21.38 acres from C-2 to C -G zones for proposed
Mussell Comer Subdivision by Pinnacle Engineers, Inc. —
northeast comer of East Victory Road and South Meridian Kuna
Highway: Approve
L. Resolution No. 04-451 Amendment to the SOP
Manual for Administrative Leave: Approve
M. Chance Order No. 2 for the Headworks Expansion Proiect:
Approve
N. Joint
S Water
Improvements: Approve
Meridian City Co cg Aaanda—Novembar 23.2004 Paw 2 of 4
Revised 11-23-04
O. Permanent and Temporary Easement Contract for the North
Slouah Sanitary Sewer: Approve
P. Franklin Road Waterline Easement: Approve
Q. Well 26 Test Well Security Enclosure Change Order #1— Hydro
Logic: Approve
R. Well 27 Desian Contract with Civil Survey: Approve
S. Well 25 SCADA Installation: Approve
T. Water Main Easement for Fanners and Merchants State Bank:
U.
V. Meridian Senior Citizen Center Remodel Architect's Service
Aareement with Johnson Architects: Approve
6. Department Reports:
A. Mayor's Office
1.
2. Update of Downtown Meridian Transportation Plan
Public Meeting: Table to November 30, 2004
7. (Items Moved from Consent Agenda)
8. Tabled from November 9, 2004: FP 04-067 Request for Final Plat
approval of 56 single-family residential and office building lots and 6
common lots on 18.94 acres in R-4, R-8 and L -O zones for Larkspur
Subdivision by Larkspur, LLC — 2090, 2190 & 2240 South Meridian
Road: Approve
9. Tabled from November 16, 2004: FP 04-070 Request for Final Plat
approval of 40 single-family residential building lots and two common lots
on 10.32 acres in an R-8 zone for Roseleaf Subdivision No. 2 by Liberty
Development, Inc. — 3615 South Locust Grove Road: Approve
10. FP 04-071 Request for Final Plat approval for 16 single-family residential
building lots and two common lots on 3.65 acres in an R-8 zone for
Meridian City Co fl Agenda— November 23,2004 Page 3of4
Revised 11-23-04
Castlebrook Subdivision No. 4 by Liberty Development, Inc. — 4000 West
Pine Avenue: Approve
11. Public Hearing: ZOA 04002 Request to amend the text in the
Landscape Ordinance {MCC 12-13-7-8) to include gravel / rock as
acceptable mulch in commercial landscape areas for Wenco, Inc.:
Approve — Prepare Ordinance
12. Ordinance No. 04-1113 : AZ 03-038 Request for Annexation
and Zoning of 21.38 acres from C-2 to C -G zones for proposed Mussell
Comer Subdivision by Pinnacle Engineers, Inc. — northeast corner of
East Victory Road and South Meridian Kuna Highway: Approve
Meridian City Council Agenda— November 23, 2004 Page 4 of 4
Meridian City Council Meetina November 23, 2004.
The regular meeting of the Meridian City Council was called to order at 7:20 P.M.,
Tuesday, November 23, 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, Anna Canning, Brad Watson, Bill Musser, Kenny
Bowers, 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: Okay. Well, thank you all for joining us here this evening. I will go ahead
and call the regular City Council meeting to order. It is Tuesday, November 23rd, and
we will start with roll call attendance.
Item 2: Pledge of Allegiance:
De Weerd: Thank you. Well, we are joined here tonight, if you wonder why we have a
full house, we are joined here by the 11 -year-old Optimist football team and they are
going to lead us in the pledge. Gordon Jack and Trevor Layton, if you will step to the
podium? All rise.
(Pledge of Allegiance recited.)
Item 3: Community Invocation by Pastor Kevin Moyer, with Meridian First
Baptist Church:
De Weerd: Thank you, boys. We appreciate that. Item No. 3 is our community
invocation and tonight we are being led by Pastor Kevin Moyer with the Meridian First
Baptist Church. If you will, please, join us in the community invocation or take this
opportunity for a moment of silence.
Moyer: Our Heavenly Father, we are so thankful for this meeting tonight and we are
especially thankful, Father, for all of our youth here. We are just thankful to you for a
great future that our represented in each of those boys and this is really special to us
and on behalf of our community we thank you. And, Father, we are thankful for this
season. I think this week we especially are mindful of giving thanks I think for legacy.
We are so appreciative of all who have gone before, from our Pilgrims who came and
risked all for the freedoms we enjoy today and I thank our Patriots, Lord, who helped
Meridian City Council
November 23, 2004
Page 2 of 14
form our government and our Constitution and, again, being everything of their lives so
that we can enjoy these times. We are so thankful for your rich blessings and your
wonderful provisions to all of our lives and we are thankful and even mindful, Father, of
the Marine who gave his life, so that others of his troop and men could live and that kind
of selfless sacrifice is what characterizes our people and that even tonight we might just
have that spirit here represented in our graciousness that we show and the
understanding as we work through these issues. I pray for your direction tonight,
wisdom for the Council, give all of us a great spirit of civility and honor tonight, Lord, that
we would, indeed, conduct business in a way pleasing to you. And thank you for all that
you have done for us. We thank you in the name of our Lord Jesus Christ, amen.
De Weerd: Pastor Moyer, if I can present you with one of our City of Meridian pins.
Moyer: Thank you.
Item 4: Adoption of the Agenda:
De Weerd: Thank for joining us. Okay. Item No. 5 -- or 4 is the Consent Agenda. Or
adoption of the agenda.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: We have got in our Consent resolution -- L item is a resolution, the number is 04-
451 and also Item No. 12 on the regular agenda is 04-1113, for Ordinance AZ 03-038,
and with that I would move that we approve the revised published agenda.
Rountree: Second.
De Weerd: Okay. The motion is to adopt the agenda as stated. All those in favor say
aye. All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
Item 5: Consent Agenda:
A. Approve Minutes of October 12, 2004 Pre -Council Meeting:
B. Approve Minutes of November 3, 2004 Pre -Council Meeting:
C. Approve Minutes of November 3, 2004 City Council Regular
Meeting:
D. Approve Minutes of November 9, 2004 Pre -Council Meeting:
Meridian City Council
November 23, 2004
Page 3 of 14
E. Findings of Fact and Conclusions of Law for Approval: PP 04-
032 Request for Preliminary Plat approval for 8 commercial building
lots and 1 common lot on 3.86 acres in a C -G zone for Central
Valley Corporate Park No. 6. This is a re -subdivision of Lots 21
and 22, Block 2, Central Valley Corporate Park No. 6 by Steve
Wensel — 929 South Industry Way:
F. Findings of Fact and Conclusions of Law for Approval: CUP
04-037 Request to modify the existing Conditional Use Permit
(Planned Development) approval for the construction of a 96 -unit
apartment complex to a 65 -unit assisted living retirement facility in
an R-40 zone for Devon Park II (Fairview Lakes) by Fairview
Lakes, LLC — 824 East Fairview Avenue:
G. Findings of Fact and Conclusions of Law for Approval: 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:
H. Findings of Fact and Conclusions of Law for Approval: RZ 04-
011 Request for a Rezone of 9.16 acres from R-8 to C -C zone for
Cairns Crossing Subdivision by Landmark Engineering and
Planning, Inc. — south of West Cherry Lane and east of Linder
Road:
I. Findings of Fact and Conclusions of Law for Approval: PP 04-
033 Request for Preliminary Plat approval of 11 commercial
building lots on 9.16 acres in a proposed C -C zone for Cairns
Crossing Subdivision by Landmark Engineering and Planning,
Inc. — south of West Cherry Lane and east of Linder Road:
J. Findings of Fact and Conclusions of Law for Approval: AZ 04-
025 Request for Annexation and Zoning of 121.96 acres from R4
(Ada County) to R-4 zone for Vienna Woods Subdivision No. 1-7
and Edinburah Place Subdivision No. 1-2 by the City of Meridian
— NEC of East McMillan Road and North Locust Grove Road:
K. Development Agreement: AZ 03-038 Request for Annexation
and Zoning of 21.38 acres from C-2 to C -G zones for proposed
Mussell Corner Subdivision by Pinnacle Engineers, Inc. —
northeast corner of East Victory Road and South Meridian Kuna
Highway:
L. Resolution No. 04-0451 Amendment to the SOP
Manual for Administrative Leave:
Meridian City Council
November 23, 2004
Page 4 of 14
M. Chanae Order No. 2 for the Headworks Expansion Project:
N. Joint City of Meridian / Ada County Highway District
Agreement for Roadway Construction / Sewer & Water Line
Improvements:
10
P. Franklin Road Waterline Easement:
Q. Well 26 Test Well Security Enclosure Change Order #1 — Hydro
Logic:
R. Well 27 Desian Contract with Civil Survey:
S. Well 25 SCADA Installation:
T. Water Main Easement for Farmers and Merchants State Bank:
L!
Construction for
V.
De Weerd: Item 5 is the Consent Agenda.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move that we have approve the Consent Agenda, including Resolution No. 04-
0451 and for the Mayor to sign and the Clerk to attest on all proper papers.
Rountree: Second.
De Weerd: Okay. The motion is to accept. Any further discussion? Mr. Clerk, will you
call roll.
Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea.
MOTION CARRIED: ALL AYES.
Meridian City Council
November 23, 2004
Page 5 of 14
Item 6: Department Reports:
A. Mayor's Office
1. Proclamation for Meridian White 11 Year Olds Optimist
Football Team:
De Weerd: Okay. Since we did not move any of the -- oh, I'm sorry. Item 6 is the
Department Reports. Tonight we have with us, like I had mentioned, our eleven -year-
old Optimist football team. They won the first place in their division and so anytime we
have an opportunity to recognize these kind of accomplishments in our youth, we really
want to take those opportunities. It takes great teamwork to accomplish what you have
done and for that we do have a proclamation to read in your honor. Whereas the City of
Meridian commends the Meridian White eleven -year-old Optimist football team for
having an outstanding season and whereas this team and the Optimist Youth Football
program provides a positive impact for the youth of our community and whereas it is
important that the team receives recognition for their efforts and continuing contribution,
whereas the Mayor and City Council of the City of Meridian acknowledges these
accomplishments as a team and their supporters, so, therefore, I, Tammy de Weerd,
Mayor of the City of Meridian, do hereby proclaim Tuesday, November 23rd, 2004, as
Meridian White eleven -year-old Optimist Football team day in recognition for your
championship of the MPC Bowl Junior League of the Boise Noon Optimist Youth
Football Program and urge all citizens of this community to acknowledge their special
accomplishment. I would like to present this to your coach. I also have City of Meridian
pins for each of you. He did ask me if he had to say anything, so I can put him on the
spot and ask him if he'd like to. But, Trace, you have provided leadership in a number
of different venues and it is my honor to present this to you for coaching this fabulous
team and we'd like to congratulate all of you for your great accomplishment and yours is
a great roll model.
Layton: Thank you. I will say there is five other guys that bust their butt just as much as
I do, if not more, and thanks to those guys and thanks for everybody coming here.
De Weerd: Well, if those coaches will also come forward.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: If I could say something before they leave. You know, I've had the privilege of
being associated with this program for 38 years now and this is the second group that
Trace has taken through with his coaches and stuff. They make us real proud. We
sponsor 28 Optimist football teams, Meridian Athlete Association, which we are proud to
do, and these young men are certainly fine representatives of the City of Meridian and
they play an awful good brand of football and we will be watching as they come up
through the years. So, thank you, young men. We appreciate it. And lady.
Meridian City Council
November 23, 2004
Page 6 of 14
2. Update of Downtown Meridian Transportation Plan
Public Meeting:
De Weerd: Okay. We also have an update of our Downtown Meridian Transportation
Plan, but I don't see Steve here.
Canning: I apologize, Madam Mayor. I knew there was something I was missing on the
agenda and I forgot to ask Steve to come tonight. He's working on staff reports, I think,
probably right now. Can we postpone this until the next Council agenda?
De Weerd: We will put this on our next Council meeting. Mr. Berg. Thank you.
Item 7: (Items Moved from Consent Agenda)
De Weerd: Okay. There were no items moved from the Consent Agenda.
Item 8: Tabled from November 9, 2004: FP 04-067 Request for Final Plat
approval of 56 single-family residential and office building lots and 6
common lots on 18.94 acres in R-4, R-8 and L -O zones for Larkspur
Subdivision by Larkspur, LLC — 2090, 2190 & 2240 South Meridian
Road:
De Weerd: So, we will move to Item 8, tabled from November 8th, 2004, is FP 04-067.
We will start with staff comments.
Canning: Madam Mayor, Members of the Council, I missed something there, but
probably that's fine. Madam Mayor, Members of the Council, this is a final plat for
Larkspur Subdivision. It is platting the entirety of the preliminary plat as you see here.
It's comprised of 56 building lots and six common lots on 18.94 acres. Some of the
property will remain R-4 zoning. These two lots. The remainder of the southern portion
is an R-8 zoning. And, then, Limited Office. Actually, the R-8 zoning includes this area
as well, I believe. A conditional use was approved for reductions to the minimum
requirements for the R-8 and the L -O zones. The lot size was reduced from 6,500
square feet to 4,011 for detached homes in the R-8 zone and, then, 7,000 square feet to
5,453 square feet for the L-0 zone. And street frontage was reduced from 65 feet to
22.18 feet for detached homes. And the plat is in substantial compliance with the
approved preliminary plat. We did have the -- we did have to add some tricky condition
regarding the redevelopment of these two properties. Basically it says that if these go
residential, this needs to be a road. This lot. If they go commercial, then, this needs to
provide cross -access. And so, conversely, if this goes commercial, that can become a
residential building lot and if this goes residential, that cross -access can go away. So,
that was the only tricky thing associated with it. We spent a lot of time on that one
condition, but staff is recommending approval of the final plat.
Meridian City Council
November 23, 2004
Page 7 of 14
De Weerd: Thank you, Anna. Is the applicant here and would you like to comment or
do you agree with all staff comments? Okay. The applicant indicated he does agree
with all staff comments. Council?
Wardle: Madam Mayor?
De Weerd: Mr. Wardle.
Wardle: Seeing staff is recommending approval and applicant agrees with all the
comments, I move that we approve FP 04-067, final plat for Larkspur Subdivision.
Donnell: I'll second that.
De Weerd: Okay. The motion is to approve Item No. 8. Is there any further
discussion? Hearing none, Mr. Clerk.
Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea.
MOTION CARRIED: ALL AYES.
Item 9: Tabled from November 16, 2004: FP 04-070 Request for Final Plat
approval of 40 single-family residential building lots and two common lots
on 10.32 acres in an R-8 zone for Roseleaf Subdivision No. 2 by Liberty
Development, Inc. — 3615 South Locust Grove Road:
De Weerd: Thank you. Item 9 was tabled from November 16th, FP 04-070. Start with
staff comments.
Canning: Madam Mayor, Members of the Council, this is a final plat request. I went
over the particulars of it last week. We -- you tabled it, because the applicant was not
here to indicate that they were in agreement with the conditions of the approval. They
are here today and they are in agreement with the conditions of approval. Staff is still
recommending approval.
De Weerd: Okay. The applicant didn't come. We just wanted to know if you were in --
And now that we do, we feel comfortable moving forward. Council?
Wardle: Madam Mayor?
De Weerd: Mr. Wardle.
Wardle: I move that we approve Item No. 9, FP 04-070, final plat for Roseleaf
Subdivision No. 2.
Rountree: Second.
Meridian City Council
November 23, 2004
Page 8 of 14
De Weerd: Okay. The motion is to approve Item 9. Is there any further discussion?
Mr. Clerk.
Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea.
MOTION CARRIED: ALL AYES.
De Weerd: Thank you. And thank you for joining us.
Canning: Madam Mayor, in defense of the applicant, there was some confusion on
some of the memos that went through, indicating that it was going to be heard tonight.
So, there was some justification for them being confused as to what day.
De Weerd: So, she was going to join us anyway tonight.
Canning: That's right.
De Weerd: And in the future you can either do it via in person or a phone call to staff or
even a letter. Okay. Thank you so much.
Item 10: FP 04-071 Request for Final Plat approval for 16 single-family residential
building lots and two common lots on 3.65 acres in an R-8 zone for
Castlebrook Subdivision No. 4 by Liberty Development, Inc. — 4000
West Pine Avenue:
De Weerd: Okay. Item 10 is FP 04-071. Staff
Canning: Madam Mayor, this is the fourth phase of Castlebrook Subdivision. This is
the approved preliminary plat. Pine Street is at the southern boundary and the area of
the final plat is circled in red here and, as can you see, the final plat is in substantial
compliance with the approved preliminary plat. It consists of 16 single-family residential
building lots and two common lots on 3.65 acres in an R-8 zone. It has a gross density
of 4.3 dwelling units per acre and a net density of 5.75 dwelling units per acre. The plat,
as I mentioned, is in substantial compliance with the approved preliminary plat and staff
is recommending approval.
De Weerd: Thank you. And the applicant?
Canning: The applicant has indicated that they are in agreement with the conditions of
approval.
De Weerd: Okay. Thank you.
Donnell: Madam Mayor?
De Weerd: Yes, Mrs. Donnell.
Meridian City Council
November 23, 2004
Page 9 of 14
Donnell: Seeing that staff approves and the applicant is in agreement, I move that we
approve the request for final plat FP 04-071.
Wardle: Second.
De Weerd: Okay. The motion is to approve Item 10. Is there any further discussion?
Hearing none, Mr. Clerk.
Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea.
MOTION CARRIED: ALL AYES.
Item 11: Public Hearing: ZOA 04-002 Request to amend the text in the
Landscape Ordinance (MCC 12-13-7-8) to include gravel / rock as
acceptable mulch in commercial landscape areas for Wenco, Inc.:
De Weerd: Item 11 is Public Hearing ZOA 04-022. We are in the Public Hearing
portion of our -- I don't need to swear everyone in. I was just being facetious. Okay. I
will open the Public Hearing with staff comments.
Canning: Madam Mayor, Members of the Council, this is a request to amend the text of
the zoning code, more specifically the landscape ordinance, to allow gravel and/or rock
as acceptable mulch in landscape areas. When the landscape ordinance was crafted, I
think the city had recently seen some landscape buffers go in that were all rock and
they weren't deemed acceptable as far as what the city was looking for. So, when the
landscape ordinance was done, the use of materials such as permabark were
specifically excluded from the landscape ordinance as being allowed as mulch. We
have had regular requests from developers or regular encounters with developers that
when they put it in we have required them to take it out and it has been an issue since
the adoption of the landscape ordinance. Wenco has put in a request to modify the text
of the landscape ordinance to include such materials and staff reviewed some of the
initial concerns related to permabark and reviewed some new information on that and
they have come up with what they feel to be a reasonable compromise regarding the
use of this product. If you look on page two of the staff report, Mr. Siddoway has
addressed a number of issues and I'm just going to go through them rather quickly.
One was coverage. The use of the permabark will be restricted to such that at maturity
of the landscaping only 30 percent of the area that has the permabark can be visible.
So, that the plant material needs to cover 70 percent of the landscape area. The types
of rock. Staff has written in a few examples of what's acceptable and I can go down
there. This was the old language. An organic mulch, such as bark or soil aid shall be --
I'm backtracking. The record's going to be awful. Sorry about this. An organic mulch,
such as bark or soil aid, shall be applied to all planting areas for moisture retention,
weed control, or moderation of soil temperatures. And, then, it goes on to say gravel
rock mulch is prohibited in required landscape areas. The new language basically
deletes the first one and gets into a little more detail. It talks about mulch being required
Meridian City Council
November 23, 2004
Page 10 of 14
in all planting area and approved mulches may be organic, such as bark or soil aid, or
they may include rock product, such as permabark or similar products. And, then, it
goes on to talk about the coverage requirement, which I just went over. And the next
line I wanted to get to was that pea gravel, drain rock, road base gravel, and similar
products shall not be used as mulch. So, we have got a little -- a couple examples of
what is acceptable and some examples of what isn't acceptable. This still will be a call
for staff to make and we think we have given ourselves enough to work with, but wanted
to raise that, that that is still a little bit open and gives us some flexibility. You will see
the next sentence, it talks about all mulch shall be contained by a curb or other edging
material to contain the much and prevent it from migrating to adjacent surfaces. Steve's
next issue is weed barrier and, again, if you read the next sentence it says if rock mulch
is used, a weed barrier fabric shall be used beneath the rock. Impermeable plastic
weed barriers are prohibited, because they restrict water and oxygen to the plant. And,
then, the final comment from staff was regarding water conservation, that allowing this
rock product may have the effect of promoting street buffers with shrubs and rock mulch
and so the current prevalence of lawn. This could aid the city's water conservation
efforts, as shrubs and other vegetative ground covers require much less water and
maintenance than lawn areas. So, this text as you see it here, 12-13-7-8, was the
primary change. The second one is in 12-13-7-13.8 and as it reads now it just says
mulches shall be organic and broad uses of gravel rock mulch are restricted. The new
language says: Mulches may be organic or rock as per the previous section. Low
shrubs or other vegetative ground covers with mulch are preferred over lawn areas
wherever feasible due to the lower water requirement of shrubs. So, this item was
taken before the Planning and Zoning Commission. They did recommend approval.
There was -- Dale Nagy, the applicant, testified in favor. There was no public
commenting in opposition. And the key issues of discussion were the need for weed
barrier under the rock and the need for edging to contain the rock. There were no
significant changes to staffs initial recommendation and to staffs knowledge there are
no outstanding issues before the City Council. With that I'll end staffs presentation.
De Weerd: Council, any questions before we open it up to public testimony?
Bird: I have none, Mayor.
Rountree: None.
De Weerd: Okay. Is there anyone who wishes to testify on this item? Is the testimony
you provide tonight the truth, the whole truth, and nothing but the truth, so help you
God?
Strite: It is.
De Weerd: Thank you.
Strite: My name is Billy Ray Strite, 1010 Allante, Boise Idaho. I'm here on behalf of
Dale Nagy, the applicant. We were very pleased with staffs response, quite frankly,
Meridian City Council
November 23, 2004
Page 11 of 14
and pleased with the Planning and Zoning recommendation for approval. So, unless
there is some questions regarding perhaps the minutes, I have nothing more to add.
Thank you.
De Weerd: Well, thank you. Council, do you have questions for this applicant?
Bird: No, ma'am, I do not.
De Weerd: Thank you, Billy.
Strite: Thank you.
De Weerd: Is there anyone else who would like to testify?
Donnell: Just a comment, Madam Mayor.
De Weerd: Yes. Mrs. Donnell.
Donnell: Having dealt with how difficult it is to keep some of the areas free of weeds in
almost record time when something new is built by just the use of bark or -- that blows
off or soil aid or whatever, I think this is a wonderful change to the ordinance. We used
permabark on all of our areas in our house for ten and a half years and never even
replaced it once. We used a good weed barrier. But I think this is just a great change.
So, I'm certainly in support of it.
Bird: Madam Mayor?
De Weerd: Thank you. Mr. Bird.
Bird: I would echo the same thoughts. We put it in our landscaping two years ago and I
swear by it. It's so much better than bark and all that stuff. It's like Christine said, it
don't blow away.
De Weerd: Okay. Anyone else with landscaping tips?
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I move that the Public Hearing on Item 11 be closed.
Bird: Second.
De Weerd: Okay. All those in favor say aye. All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
Meridian City Council
November 23, 2004
Page 12 of 14
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: Unless there are further tips, I would move that we approve the amendment
for landscape ordinance, Item No. 11, and do we need a resolution or direct you to
prepare an ordinance? And direct the city attorney to prepare the appropriate ordinance
for City Council to act on.
Wardle: Second.
De Weerd: Okay. The motion is to approve Item 11 with the city attorney to draw up
the ordinance accordingly. Any further discussion? Mr. Berg.
Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea.
MOTION CARRIED: ALL AYES.
Item 12: Ordinance No. 04-1113 : AZ 03-038 Request for Annexation
and Zoning of 21.38 acres from C-2 to C -G zones for proposed Mussell
Corner Subdivision by Pinnacle Engineers, Inc. — northeast corner of
East Victory Road and South Meridian Kuna Highway:
De Weerd: Thank you. Okay. The last item on our agenda is Item 12, Ordinance AZ
03-038. Mr. Clerk, will you, please, read this ordinance by title only.
Berg: Thank you, Madam Mayor, Members of the Council. Ordinance No. 04-1113, an
Ordinance finding that Tim J. Mussell and Carol M. Mussell, husband and wife, the
owners of certain real property generally located on the northeast corner of the Kuna-
Meridian Road, State Highway 69 and Victory Road, which is in Section 19, Township 3
North, Range 1 East, Meridian, Idaho, to be known as Mussell Corner Subdivision 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 and 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 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.
De Weerd: Thank you, Mr. Berg. You have now heard Ordinance No. 04-1113 by title
only. Is there anyone who would like to hear it read in its entirety? Hearing none --
Meridian City Council
November 23, 2004
Page 13 of 14
Wardle: Madam Mayor?
De Weerd: Mr. Wardle.
Wardle: I move that we approve Item No. 12 with suspension of rules.
Bird: Second.
De Weerd: Okay. Motion to approve Item 12. Any further discussion? Hearing none,
Mr. Berg.
Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea.
MOTION CARRIED: ALL AYES.
De Weerd: Thank you, Mr. Berg. And you will note that this is a record for this Council.
I would entertain a motion.
Bird: So moved.
Wardle: Before I second that, Mr. Berg has asked me to give him just about 30
seconds.
De Weerd: Okay. Go
Berg: Thank you, Councilman Wardle and Mayor de Weerd. I'm stretching it out. I'd
just like to have on record if we are going to have a meeting on December 28th or not,
so we can prepare agendas and public hearings accordingly. This is the meeting that's
between Christmas and New Year holidays and sometimes we don't have a lot of
turnout or people --
Rountree: Won't be here anyway.
Berg: -- can be here to attend the public hearings anyway.
De Weerd: Well, Charlie, won't be here and most of the public isn't, so, Council, what
would you like to do?
Bird: Madam Mayor, if we are not going to have two of them here, can't have a
meeting, so I just think we need to take it off.
Donnell: So, we also don't meet on the 7th; is that right?
De Weerd: That's correct.
Meridian City Council
November 23, 2004
Page 14 of 14
Donnell: There is no meeting on the 7th and, then, no meeting on the 28th.
De Weerd: Our meetings will be the 14th and 21 st.
Bird: 14th and 21st.
Donnell: Great.
De Weerd: Okay.
Wardle: Madam Mayor, with that resolved, I will second Mr. Bird's motion.
De Weerd: That's a new pristine process there. Okay. The motion is to adjourn. All
those in favor say aye. Thank you. All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
MEETING ADJOURNED AT 7:50 P.M.
(TAPE ON FIL PROCEEDINGS)
MAYO MY DE WEERDOF
12 I l ¢I O¢
QATE APPROVED
SEAL
WILLIAM G. BERG, JR(/T;ITT CLII K
1P,r 1st,