HomeMy WebLinkAbout2005 01-18
Meridian City Council Meetina
Januarv 18. 2005.
The regular meeting of the Meridian City Council was called to order at 7:16 P.M.,
Tuesday, January 18, 2005, by Mayor Tammy de Weerd.
Members Present: Mayor Tammy de Weerd, Keith Bird, Shaun Wardle, Christine
Donnell, and Charlie Rountree.
Others Present: Bill Nary, Will Berg, Anna Canning, Brad Watson, John Overton, John
Shawcroft, Tara Green, Kenny Bowers, Ted Baird, and Dean Willis.
Item 1:
Roll-call Attendance:
Roll call.
---2L- Shaun Wardle --X-Christine Donnell
---2L- Charlie Rountree --1L-Keith Bird
-L- Mayor Tammy de Weerd
De Weerd: Okay. I will go ahead and call the regular City Council meeting to order. It
is 7:16 and we will start with roll call attendance.
Item 2:
Pledge of Allegiance:
De Weerd: Thank you, Mr. Berg. Okay. We have Troop 128 here with us tonight.
Thank you, boys, for coming. I understand you're earning your Citizenship Merit Badge,
so good luck with that. I have John Woodworth that will lead us in the pledge of
allegiance. If you will all rise?
(Pledge of Allegiance recited.)
Item 3:
Community Invocation by Pastor Shawn Ragan, with. Church of God
Seventh Day
De Weerd: Thank you, John, for leading us in the pledge. Troop 128 is sponsored by
the Meridian 2nd Ward. We appreciate you joining us tonight. We are going to be lead
in our community invocation by Pastor Shawn Ragan. If you will, please, come forward.
Please take this opportunity to join us in the community invocation or take this as an
opportunity for a moment of silence.
Ragan: Madam Mayor, Members of the Council, let us pray. Father, we come before
you this evening, Lord, thankful for this time and this opportunity that our city leaders
have to gather here tonight, Lord, to discuss city business. Father, as they go through
the decisions that they have to make tonight, Lord, and go about doing the things for our
city, Lord, we just pray that you might bless them, bless their decisions tonight. Lord,
give them guidance in what you would have them do. Lord, we pray that each decision
they make would be a wise decision, something that would be helpful and prosperous
Meridian City Council
January 18, 2005
Page 2 of 38
for our city. Father, we just pray for an extra special blessing on them tonight as well,
also on their families, we just pray that you continue to be with them. We thank you for
this and all things in Jesus name, amen.
De Weerd: Thank you so much. It's been such a great partnership with the Meridian
ministerial fellowship. We appreciate you coming every single week to join us.
Ragan: We appreciate the invite. Thank you.
Item 4:
Adoption of the Agenda:
De Weerd: Thank you. Okay. Item No.4 is the adoption of the agenda.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: One item on our Consent Agenda, Item L, has been requested to be pulled from
the Consent and moved to 7-L and to my knowledge that's the only revision we need
and I would move that we approve the revised agenda.
Rountree: Second.
De Weerd: Okay. The motion is to approve the agenda as presented. All those in
favor say aye. All ayes. Motion carries,
MOTION CARRIED: ALL AYES.
Item 5:
Consent Agenda:
A.
8.
C.
Approve Minutes of December 21, 2004 City Council Regular
Meeting:
Approve Minutes of January 4,2005 City Council Regular Meeting:
Findings of Fact and Conclusions of Law for Approval: MI 04-
011 Request to amend / replace the existing Development
Agreement for the former Valeri Heights Subdivision for
Sommersby Subdivision by Confluence Management, LLC -
NEC of West Pine Avenue and North Ten Mile Road:
D.
Findings of Fact and Conclusions of Law for Approval: PP 04-
035 Request for Preliminary Plat approval for 62 building lots (8
office, 33 multi-family, 9 single-family attached, 12 -garage lots)
and 6 common lots on 12.731 acres in L-O and R-15 zones for
Meridian City Council
January 18, 2005
Page 3 of 38
H.
I.
J,
K.
M,
N.
o.
P.
Sommers by Subdivision by Confluence Management, LLC -
NEC of West Pine Avenue and North Ten Mile Road:
E.
Findings of Fact and Conclusions of Law for Approval: CUP
04-040 Request for a Conditional Use Permit (Planned
Development) for reductions to the minimum requirements for lot
size, street frontage, setbacks and increased lot coverage in L-O
and R-15 zones for Sommersby Subdivision by Confluence
Management, LLC - NEC of West Pine Avenue and North Ten Mile
Road:
F.
Findings of Fact and Conclusions of Law for Approval: RZ 04-
015 Request for a Rezone of 4.9 acres from R-40 to R-15 zone for
the retirement complex at Devon Park Subdivision No.2 by
Fairview Lakes, LLC - 824 East Fairview Avenue:
G.
Findings of Fact and Conclusions of Law for Approval: CUP
04-049 Request for detailed Conditional Use Permit approval for
Fairview Lakes Phase II of the commercial development along
East Fairview Avenue, which includes two drive-up windows; also,
for the residential portion, a 30-unit Alzheimer facility with the
retirement complex by Fairview Lakes, LLC - 824 East Fairview
Avenue:
Development Agreement: AZ 04-024 Request for Annexation
and Zoning of 47.66 acres from RUT to R-4 zone for proposed
Silverleaf Subdivision by Centennial Development, LLC - 2683
West Chinden Boulevard:
Enaineerina Services for Miscellaneous Wastewater Proiects:
WestborouQh Subdivision Lift Station Aareement:
Permanent and Temporarv Easement Contract for the North
Siouah Sanitary Sewer Proiect by David Turnbull:
Water Main Easement for Red Robin by Eagle - Fairview
Investment Co., LLC:
Sanitary Sewer Easement for Saaeland Subdivision:
StreetliQht Aareement for Soda SprinQs by Todd Campbell
Construction:
Streetliaht AQreement for Settlement BridQe No.1:
Meridian City Council
January 18, 2005
Page 4 of 38
Q,
Sanitary Sewer and Water Main Easement for R, Orville
Thompson:
R.
Master Aareement and License for Landscape Maintenance
Ada County Hiahway District's Storm Water Drainaae
Facilities:
S,
Meridian Fire Department / Ada County Paramedic StationinQ
and Coordination of Services AQreement:
De Weerd: Okay. Item 5.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we approve the Consent Agenda with one change, Item L go to 7-L on the
regular agenda, and for the Mayor to sign and the Clerk to attest on all proper papers.
Rountree: Second.
De Weerd: Okay. The motion is to approve the Consent Agenda with the removal of L.
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 6:
Department Reports:
A.
Public Works Department - Brad Watson
1,
Wastewater Facility Plan Update & Sewer Master Plan
Update:
De Weerd: Thank you. Brad, you're up with the department reports.
Watson: Thank you, Madam Mayor and Council members. I had a challenge to
captivate you with this agenda item tonight.
De Weerd: Oh, we can tell it will be captivating.
Watson: I wrote a memo today, just today, and gave it to Will. Hopefully, that's being
passed down to you, that describes what we are doing here. As I stated in my memo,
it's been two and a half long years of trying to get the facility plan for the wastewater
treatment system and collection system approved and through DEO. We signed a
Meridian City Council
January 18, 2005
Page 5 of 38
contract with Carollo in the summer of 2002 and after many meetings, discussions,
debates, reviews, revisions, answering DEQ questions, it's now officially approved by
the state. So, I don't have that attached, because this is, actually, what has been
approved, it's about three inches thick and it has lots of good stuff about wastewater
treatment in it and you are more than welcome to come and review it at my office or
John's office.
De Weerd: Okay.
Watson: You can see I have done a little editorializing in my memo, just to try to spice it
up a little bit. Some of Gary's -- Gary Smith's words kind of rang true when we got this,
that, you know, this isn't very exciting to the lay person, but -- they'd much rather see a
five lane road or a park or a new couplet or something, something that's tangible to
them and that they can use. They often don't realize that they use this multiple times a
day and without much fanfare or -- or credit, you know, but as Gary said, if it doesn't
function, nobody will really care about the parks, the pathways, or the traffic, really,
unless they are trying to get to another city that -- where you can flush. I would like to --
De Weerd: Thank you for making this entertaining.
Watson: Well, I was challenged, so -- I would like to specifically thank John Shawcroft,
our Superintendent, who is here tonight. He and his crew Dan Higgs, the assistant,
Fred Putzier, the collection system manager, were involved from day one in this project
and this study and, really, provided a lot of the operational technical feedback that
Carollo needed to get this done. Also our staff engineers Len Grady and Clint Dolsby
were instrumental in getting this done, Len has a wealth of experience in construction
and dealing with state agencies. Clint is kind of our in-house wastewater expert now. I
thought I used to be, but he really is now, because he, actually, went to Auburn and got
his masters in wastewater, so he's the smart guy on that. Also Carollo -- even through
Carollo is a somewhat national firm, all the engineers that worked on this to any degree
are local residents. Tim Teacup, Bill Banco, and Stewart Hurley, who, actually, lives in
Meridian. As I stated here, we have already started on the design project for the major
upgrade. Council approved that contract back in November, December, somewhere in
there. Also included in this effort was an update to our sewer collection master plan and
that's shown on the board right now. You can't make out the details; it looks like a
bunch of squiggly little lines. Those are -- trust me, they are sewer lines and they run to
the wastewater plant. One thing to note -- and I won't get into the reasons why,
because they are many and varied -- this is the first wastewater facility plan that we
have approved since before I got here in '96, I think '93 was the last plan that we had
approved. So, this is a major milestone. I don't think I have anything else. I'd be happy
to answer any questions on this. What I'm looking for is authorization or direction that
we can bring a resolution back to Council for formal adoption, hopefully next week. I
have already got a draft of that done and sent to Mr. Nary. So, if it pleases the Council,
we will get that to you.
Meridian City Council
January 18, 2005
Page 6 of 38
De Weerd: Brad, I guess since I don't want to come and look at your stack of papers
you have that accompany this, I would ask in the wastewater sewer plant, do you have
provisions in there that will accommodate any odor control and noise type of mitigation?
Watson: Madam Mayor, this document does not. As you will recall, we did a separate
study after this was submitted to DEQ that addresses those noise and odor concerns.
So, we do have two different documents. This one was submitted to DEQ in the fall of
'03, late fall of '03, and we initiated that noise and odor study I think February or March
of'04.
De Weerd: Okay. That is a different study, but in the capital improvement planning part
of it will both be a part -- integrated together?
Watson: Sure. Yes, they will.
De Weerd: Okay. Council, do you have any questions?
Bird: I don't have, Madam Mayor.
Rountree: I have none.
Donnell: None.
De Weerd: Okay. Do I have a motion to -- for staff on this?
Rountree: Madam Mayor?
De Weerd: Yes, Mr. Rountree.
Rountree: I move that we direct staff to prepare a resolution for consideration at our
next regularly scheduled meeting, which would be January 25th.
Bird: Second.
De Weerd: Okay. All those in favor say aye. All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
Item 7:
(Items Moved from Consent Agenda)
L.
Award of Bid for Black Cat Lift Station to JC Constructors,
Inc,:
De Weerd: Okay. Item L was removed from the Consent Agenda and placed on under
Item 7, so I imagine that Brad wanted that pulled.
Meridian City Council
January 18, 2005
Page 7 of 38
Watson: Yes, Madam Mayor. Thank you. I gave you the good news. This is the -- the
other side of the coin. We received bids for the Black Cat lift station a week or two ago.
The low bid was J.C. Constructors at 2.565 million dollars. The project budget that we
had put together was originally done in the fall of '02 as part of that Ten Mile
interchange sewer study that we were doing. Those were conceptual costs and that's
what we budgeted on. So, here we are two and a half years later and all phases of that
project have come in higher than what were in those -- those project budgets. In order
to award this tonight and to complete one other small portion of a project, the pressure
sewering of the plant, in order to complete those, this fiscal year, we need to do a line
item transfer. So, this is a two-fold request. That, first, we transfer one million dollars
from line item 96-170 and that 320,000 of that go to item 96-162, which is the Black Cat
trunk, and, then, the 680,000 dollar -- the balance of that would be transferred to line
item 96-163, which is the lift station itself. As far as the remaining portions of the
project, I will come back to you in a week or two to tell you what parts of the project can
be completed with this transfer and to get some feedback from the Council on what we
want to do with the rest of the project. We have some preliminary cost estimates on
what the shortfall will be for the project as originally envisioned, but we need to firm
those up a little bit and put something on a map, so that you can look at it and see
exactly what is left to be done. The causes of this are, frankly, construction costs. The
fuel prices, the pipe prices, steel prices, everything that goes into building these things,
have escalated so dramatically in the last 12 to 18 months that our estimates are
consistently coming in lower than they used to. With that, I will just ask for approval on
those line item transfers and award of that bid.
De Weerd: Okay. Council, any questions?
Bird: I have none, Mayor.
Rountree: I have none.
De Weerd: Okay. Do I have a motion?
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I move that we approve the line item adjustments as stated by the Public
Works director for the Black Cat trunk and lift station projects.
Bird: Second.
De Weerd: Okay. The motion is to approve Item 7-L as requested by staff. If there is
no further discussion, Mr. Berg, will you call roll.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea.
Meridian City Council
January 18, 2005
Page 8 of 38
MOTION CARRIED: ALL AYES.
De Weerd: Thank you. Okay. We are in the Public Hearing portion of our agenda.
Items 8 through 12 are public hearings. By ordinance we are required to swear in
members of the public who wish to provide testimony. So, if you desire to provide
testimony at any of these items, if you will, please, raise your right hand. Is the
testimony you provide tonight the truth, the whole truth, and nothing but the truth, so
help you God? If so answer I do.
(Affirmative answers.)
Item 8:
Public Hearing: VAC 04-009 Request for Vacation of existing 20-foot
right of way south of the Milk Lateral and vacation of portions of East
Granger Street within Redfeather Estates Subdivision by Packard
Estates Development, LLC - south of East Ustick Road and east of Duane
Drive:
De Weerd: Thank you. Okay. Item 8 is Public Hearing VAC 04-009. I will open this
Public Hearing with staff comments.
Canning: Madam Mayor, Members of the Council, just to point out tonight that not only
do we not have a single final plat on the agenda tonight, we don't even have a
preliminary plat on the agenda tonight. I think that's the first in the time that I have been
working here. Our first item tonight is a vacation request for Redfeather Estates
Subdivision and this is a right-of-way vacation. The approximate area is shown there.
The property is located south of Ustick and east of Eagle Road. This is the overall
subdivision as you see it here. It takes access from the east from an extension of
Granger Avenue and, then, they are building their own road down into it, but as part of it
they have some leftover right of way, both on Granger and, then, going up the west side
of their property as it abuts the neighboring subdivision. So, those are the two portions
of the right of way that they are asking permission to vacate and this will go through a
separate Ada County Highway District vacation process, but they do need to come to
us first and get permission to vacate that right of way. Staff is recommending approval.
De Weerd: Okay. Thank you, Anna. Council, do you have any questions?
Bird: I don't, Madam Mayor.
Donnell: No.
Nary: Madam Mayor?
De Weerd: Yes, Mr. Nary.
Nary: For the Council's assistance, as you know in the last couple of months we have
changed a little bit of the process on how we vacate easements. This is a little different
Meridian City Council
January 18, 2005
Page 9 of 38
type of vacation that's being requested. This Council isn't the ultimate decision maker
on vacations of right of way, it is the highway district. To make it easier from the
process that was done in the past, what I was proposing and I had discussed with Mrs.
Canning was that basically what -- if the Council agrees with this recommendation of
approval, then, simply direct in your motion that we notify the Ada County Highway
District of your decision. What the process we have used in other places is simply by
providing a letter to them just advising them that you have no objection to this -- or
consenting to this vacation, what the date of the meeting was, and that way they have a
way to track it and, then, we don't have to create another document to have a finding for
you to approve it and send it on its way. I'm trying to create less of a cumbersome
process to some of these things.
De Weerd: Thank you, Mr. Nary. Okay. Is the applicant here tonight? Do you have
any comments? The applicant has no comment, unless Council has any questions.
Okay. Is there anyone else who would like to provide testimony on this application?
Hearing none, Council, do you have a motion to close?
Wardle: Madam Mayor, so moved.
Bird: Second.
De Weerd: Okay. All those in favor say aye. All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
Wardle: Madam Mayor?
De Weerd: Mr. Wardle.
Wardle: I move that we approve Item No.8, VAC 04-009, vacation for Redfeather
Estates Subdivision.
Donnell: And to --
Bird: And to send recommendations?
Wardle: And to notify the highway district through a letter.
Bird: Second.
De Weerd: Thank you. There is a motion to approve. If there is no further discussion,
Mr. Berg, will you call roll.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea.
MOTION CARRIED: ALL AYES.
Meridian City Council
January 18, 2005
Page 10 of 38
Item 9:
Public Hearing: RZ 04-018 Request a Rezone of .74 acres from L-O to
C-C zone for Kinetico Quality Systems of Treasure Valley by I rma Jean
Phillips - 544 West Cherry Lane:
De Weerd: Thank you. Item 9 is a Public Hearing RZ 04-018. I will open the Public
Hearing for Item No.9 with staff comments.
Canning: Madam Mayor, Members of the Council, this is a request for a rezone from L-
0 to COCo The property is located on the north side of Cherry Lane and it's east of 8th
Street. Go through some of the surrounding properties. There is a home right across
the street in this -- right there. And, then, there is -- to the south there is also offices.
To the east -- I have a little blow up here. To the east there is a parking lot for Excel
Hospice, which is this structure right here. So, this is the parking lot. And, then, to the
north are homes in Meridian Manor Subdivision. And, then, to the west is an existing
apartment building zoned R-8 and it kind of has an odd relationship, these three
parcels. There seems to be a drive aisle here that is related to this apartment building
as well. So, these three parcels seem to be tied, although they are under separate
ownerships. The applicant has requested this rezone to facilitate a specific business
and that is the Kinetico water systems and they have described it as a neighborhood
friendly business that is retail in nature, but has minimal site visits by customers. Most
of the business activity takes place at customers' homes, with the business site used for
supporting office activity, light retail of accessory products, and storage of product that
is installed into the customers' home. So, it's -- although it is a retail use, the actual
customer component of that is less than we would typically see. This is just a
conceptual site plan that the applicant has provided. They would like to use the
northern portion of the property for a storage of their own vehicles, as well as some of
the product, and for employee parking. Their own parking lot would be at the front of
the building parallel to Cherry Lane. Staff had some specific concerns with this
conceptual layout, but this was just conceptual, it wasn't submitted for approval at this
time. There are a number of -- there is a fair amount of discussion in the staff report on
some of the deficiencies of this layout, particularly with reference to the required
landscape buffer at the north for the single family residential and, then, the west
property line for the multi-family residential. One of the other issues that was raised by
staff was the need to have a cross-access to the parking lot that serves the Excel
Hospice to the north. I pointed out this was just -- this whole neighboring property with
a semi-improved parking lot. We would want a stub going over to that property and,
then, a cross-access, so that they could eventually kind of share parking access at the
site. The Planning and Zoning Commission did hear this application on December 16th
of 2004 and they have recommended approval to the City Council. At the Public
Hearing Don Burton of Kinetico Water Quality Systems testified in favor of the
application. No one from the public testified in opposition. The key issues of discussion
by the Commission were the -- the need for altemative compliance for those landscape
buffers as I just described and the ability to meet parking requirements within
constraints of the site. And, then, also the ACHD requirements for access to Cherry
Lane. The only changes to statrs initial recommendation were that the Commission did
recommend that the applicant work with city staff to obtain the alternative compliance
Meridian City Council
January 18, 2005
Page 11 of 38
for the landscaping at the northern property boundary. And this exact site plan is not
actually up for review tonight, this was just a conceptual site plan. To our knowledge
there are no outstanding issues before City Council. And with that I will end statrs
presentation.
De Weerd: Thank you, Anna. Any questions for staff at this point? Okay. Would the
applicant like to come forward and comment? I guess my only question is do you agree
with the change that was made at the Planning and Zoning Commission meeting?
Burton: Yes. We have no concerns with the stipulation and changes required there and
requested by P&Z. In fact, some of the things we are very much in favor for, the
contiguous asphalt between this property and Excel Hospice next door, and we will
work very diligently and closely with staff on the alternative compliance on the
landscaping and buffering issue on the north side.
De Weerd: Okay.
Burton: And as far as parking goes, we have had some engineering work done and I
don't think there is any concems with parking, as we will see.
Canning: I'm sorry, sir, could you state for the record your name and address?
Burton: Sure. I meant to do that when I came up and got distracted. My name is Don
Burton. I live in Meridian, Idaho, and own Kinetico Quality Water Systems, also
operated in Meridian, Idaho, right now.
De Weerd: Thank you. Council, any questions for the applicant?
Bird: I have none.
Donnell: None.
Rountree: I have none.
Burton: Thank you, Madam Mayor. Thank you, Council.
De Weerd: Thank you. Okay. Is there anyone else who would like to provide
testimony on this application? Okay.
Donnell: Madam Mayor?
De Weerd: Mrs. Donnell.
Donnell: I'd like to make a motion to close the Public Hearing.
Wardle: Second.
Meridian City Council
January 18, 2005
Page 12 of 38
De Weerd: The motion is to close the Public Hearing on Item No.9. All those in favor
say aye. All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
Donnell: Madam Mayor?
De Weerd: Mrs. Donnell.
Donnell: I'd like to make a motion to approve request for a rezone of .74 acres from L-O
to L-O to C-C for Kinetico Quality Systems of Treasure Valley.
Rountree: Second.
De Weerd: Okay. The motion is to approve Item 9. Is there any further discussion?
Okay. Mr. Berg.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea.
MOTION CARRIED: ALL AYES.
Item 10:
Public Hearing: AZ 04-031 Annexation and Zoning of 8+ acres from a C-
2 zone to a proposed CoG zone for Meridian Gatewav by White-Leasure
Development Company - SWC of South Meridian Road and West
Overland Road:
De Weerd: Okay. Item 10 is a Public Hearing on AZ04-031. I will open Item 10 with
staff comments.
Canning: Madam Mayor, Members of the Council, this is another rezone request. This
property is located at the southwest comer of Overland and Meridian Road. It currently
is the site -- a very small portion of the site is currently used for the Country Corners gas
station and convenience store. The site is a total of nine acres, or 9.08 acres, and they
are currently zoned C-2 in the county and they are requesting a CoG zone in the city.
This site is designated as commercial on our Comprehensive Plan. There are a number
of uses going on on this site. As I mentioned, there is the Country Corners. There also
appears to be a junk yard, for lack of a better term, or accumulation of junk, anyway, on
a portion of the property and our staff has been coordinating with the Ada County staff,
who is actively working on it on some of the violations and we feel that the development
agreement conditions that are proposed along with this do address some of those
concerns. Let me get to that. Having a hard time finding it for some reason. The
applicant has provided, again, a conceptual diagram of how the property might develop.
They are proposing a fairly large commercial building, assumed to mostly be retail at
52,000 square foot and, then, a smaller pad site out by Meridian Road behind the
existing gas station. Again, this is conceptual in nature and is only provided to Council
Meridian City Councii
January 18, 2005
Page 13of38
to show that the property is capable of being redeveloped in this area. Some of the
issues associated with this site plan, again, that we have raised in the staff report, but
are not a specific issue right now, are the access to Meridian Road. ITD has stated that
access will be just from Overland Road and staff is supportive of that decision. Some of
the other issues are the necessary right of way required for future widening of Meridian
Road -- will take out some of the current facilities that the gas station does have. There
is a propane tank that's located very close to the existing right of way, so that would
need to be relocated and, then, just the need to bring the existing gas station site into
compliance of Meridian city code. So, in the development agreement staff has
proposed that all future uses of these proposed lots would require conditional use
approval and that prior to issuance of any building permit on the subject property -- so
that would be any of these buildings prior to issuing that building permit all existing uses
-- so, again, including the existing Country Corner -- shall be properly abandoned or
brought into compliance with Meridian city code, Meridian fire department, and also
subject to conditions of ACHD and lTD. The Meridian fire department -- we have listed
those specific concerns that they have on the existing use. Now, this is not their
standard conditions of approval that would apply to any development, we will get those
at the time that the development is applied for, but these were particular issues related
to the site conditions as they are today. So, we wanted to make sure that those were
addressed before any building permits were released on the property. The Planning
and Zoning Commission has recommended approval of this application. They heard
the item on December 16th. Jeff Huber with White-Leasure Development Company
testified in favor of the application. And, again, no one from the public testified in
opposition. The key issues of discussion included the junk yard on the rear portion of
the site, the nonconforming convenience station Country Corners, the restricting access
to Meridian Road, State Highway 69, and they discussed bringing the site into
compliance with the City of Meridian code prior to issuance of any permits on the
property. And they discussed the timing or phasing of the development and the
interconnectivity with adjacent properties, specifically the Southern Springs Subdivision
in relation to other commercial operations. Southem Springs is across the street and
just how those two items kind of lined up with one another and the timing. They also
discussed the required development agreement. There was no changes to the staff's
initial recommendation and to our knowledge there are no outstanding issues before the
City Council. The applicant is here. I believe he was in agreement with the conditions
of approval at the end of the Planning and Zoning Commission hearing, but he is here.
DeWeerd: Okay. Any questions for staff, Council?
Bird: I have none, Mayor.
Do[1nell: None.
De Weerd: Okay. Would the applicant like to make comment? I don't believe you were
part of the swearing in.
Huber: Okay.
Meridian City Council
January 18, 2005
Page 140f38
De Weerd: Is the testimony you provide tonight the truth, the whole truth, and nothing
but the truth, so help you God?
Huber: Yes, Madam Mayor.
De Weerd: Thank you. Please state your name and address.
Huber: My name is Jeff Huber. My address is 416 South 8th Street, Boise, Idaho, and I
represent White-Leasure Development Company, the applicant.
De Weerd: Thank you.
Huber: This particular corner we feel has a lot of potential to develop and that's why we
have submitted a conceptual plan to you at this time. One of the first steps in
developing this property properly is to get it annexed into the city, so that we have
access to the city sewer and water and services and, then, we can attract some tenants
to this particular location. We are in agreement with the staff report. I just want to make
a couple of comments about -- I have been working with ITD, we have got a number of
accesses on Meridian Road and we have been working with them to reduce those down
to a limited number of accesses. There would be some limited access off of Meridian
Road. I believe the commercial development to the east has access from -- was it
Comfort Road?
Canning: Calderwood.
Huber: Calderwood. Which we don't have that kind of an access at the western part of
our property, so that we are negotiating with ITD for some limited access onto Meridian
Road. And, then, of course, Overland Road is slated to be reconstructed, the
intersection, and the road widened in the near future with ACHD and we have been
working with them on that plan also. If you have any questions, I would be happy to
answer them.
DeWeerd: Council?
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: Just to clarify the point you made with ITD, you're still in the negotiation
phase, so no decisions have been reached?
Huber: Correct.
Rountree: Or agreements?
Meridian City Council
January 18. 2005
Page 150f38
Huber: The owner of the property has some dedicated accesses there that he actually
purchased from ITD in the past. Without knowing exactly what tenants we are going to
have, I have not applied for access points in a certain location yet. Once we have a
tenant we can do a site plan, then, we can see where the access has to be and that's
when I would work with ITD to establish that limited access there.
DeWeerd: Anything further?
Rountree: That's all.
De Weerd: Council? Okay. Thank you very much.
Huber: Thank you.
De Weerd: Okay. Is there anyone else who would like to provide testimony on this
application? Okay. Council?
Donnell: Madam Mayor?
De Weerd: Mrs. Donnell.
Donnell: I'd like to make a motion to close the Public Hearing for Item No. 10.
Wardle: Second.
De Weerd: Okay. The motion is to close Item 10. All those in favor say aye. All ayes.
Motion carries.
MOTION CARRIED: ALL AYES.
Donnell: Madam Mayor?
De Weerd: Mrs. Donnell.
Donnell: I'd like to make a motion that we approve the annexation and zoning of the
eight plus acres from C-2 zone to proposed CoG zone for Meridian Gateway, AZ 04-131
-- oh, let me do that again. AZ 04-031.
Wardle: Second.
De Weerd: Okay. The motion is to approve Item 10. Is there any further discussion?
Mrs. Green, will you, please, call roll.
Roll-Call: Bird, yea; Rountree, abstain; Wardle, yea; Donnell, yea.
MOTION CARRIED: THREE AYES. ONE ABSTAIN.
Meridian City Council
January 18, 2005
Page 16 of 38
Item 11:
Public Hearing: VAR 04-007 Request for a Variance to the Sign
Ordinance for sign height, reader board area, direct illumination and
flashing light for new signage for a movie theater for Maiestic Cinemas by
Landstar NW, LLC - 2400 East Overland Road: Renoticed to February
1, 2005 due to improper noticing
De Weerd: Thank you. Okay. Item No. 11 is Public Hearing for VAR 04-007. I will
open this Public Hearing with staff comments.
Canning: Madam Mayor, there was an improper posting -- or I mean noticing on staffs
part, so we are asking that this be renoticed to February 1 st.
De Weerd: Did you tell the applicant?
Canning: Yes. He knew. He's just hanging out with us tonight.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Did you open the Public Hearing?
De Weerd: Mr. Bird, yes, I did open the Public Hearing.
Bird: So, we need to continue it until when?
Nary: February 1 st.
De Weerd: Okay. So--
Bird: Madam Mayor?
De Weerd: Yes.
Bird: I'd move we continue Public Hearing VAR 04-007 to February 1st, 2005.
Rountree: Second.
De Weerd: Okay. The motion is to continue Item No. 11 to February 1 st. All those in
favor say aye. All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
Item 12:
Public Hearing: MI 04-017 Request for a Miscellaneous application to
operate a food vending operation hot dog trailer in a C-C zone for Steven
DiMaria by Steven DiMaria - 1600 Main Street
Meridian City Council
January 18, 2005
Page 17 of 38
De Weerd: And please accept our apologies. Okay. Item 12 is Public Hearing on MI
04-017. I will open this Public Hearing with staff comments.
Canning: Madam Mayor, Members of the Council, this is one of the few times when
staff has gone to make a staff report and we haven't known where to go or what to do.
So, I guess I'm going to apologize in advance for kind of the looseness of staff's
presentation tonight and ask for guidance and I think that Mr. Nary and I agreed that
perhaps he would start off this discussion tonight.
De Weerd: Okay, Mr. Nary.
Nary: Thank you, Madam Mayor, Members of the Council. This application that's
before you is under the miscellaneous application, because what is being sought here
doesn't exactly fit in the ordinances as they are currently constructed in the city. Most of
these types of operations -- the reason this is classified as a temporary use is because
the actual physical structure of the property is moveable and it's not a fixed location.
We don't necessarily require that it be a fixed location, but it doesn't really fit exactly in a
temporary use either, because, obviously, the applicant is not wanting to just
temporarily operate like a short-term vendor would be for Dairy Days or Scarecrow
Festival or something like that, but, rather, he simply wants to continue operating, it just
happens that he is in a structure that is movable and, therefore, can be temporary in
nature, even though he may not intend to move it at any, you know, point in the future.
What the Council can do in hearing the testimony tonight is try to -- and hearing all the
testimony, try to fashion some standards in which the Council has, within its purview, to
decide on things that deal with public safety aspects and the ability to protect the health
and welfare of patrons that may use this property for the purpose that's there. Some of
the testimony you may hear may be regarding -- based on the application regarding the
location of this property. It's a trailer that's designed for food vending, but it's in a
parking lot that has no other improvements around it. So, the Council may want to
consider that. Most of these types of operations, in my experience, are licensed
operations. They -- the normal way cities, municipalities deal with these types of
operations that can move is to simply create some licensing standards and require an
application generally annually by the operator and a set of standards in which to meet
and code enforcement can, then, enforce if those aren't being met, to assure, again, the
public's safe in the operation, the public has some assurance as to the viability of the
operation and some accountability by a person that's an applicant licensed and has
some insurance and a permanent address and those types of things. We don't have
that. We used to have that here in the city. We had a merchant ordinance back
probably five years ago or more, Mr. Berg had indicated, and that was repealed by the
Council back then. There was some belief at that time that repealing that ordinance
would, then, mean that those types of businesses that were, again, temporary in nature
or could be in a temporary location, wouldn't operate without that licensing. Well, that's
not really the case. That's just the normal way a govemment chooses to regulate
something, that's how you would do it with movable businesses. So, the staff -- my
office and Mrs. Canning's office, we have kind of struggled for the last week in trying to
Meridian City Council
January 18. 2005
Page 18of38
put together a presentation for you. What is before you tonight, I guess to boil it down,
is you have an application for permission to temporarily use some property in a vehicle -
- in a vending operation that can move and I think you have the ability and the authority
under your ordinances to interpret some reasonable standards in which to place upon
that business to safely allow access by the public. I think if you would also want to
consider, in addition to that, some direction to the staff on -- if you would. like to see
some other standards or some licensing opportunities and come up with some
standards for a license application that could, then, be available to others, because just
as an example, the same day we had this discussion at the staff level, I received a call
from a person who would also like to operate this type of business in a temporary nature
on Friday and Saturday nights in our downtown area. Currently they can't do that on a
sidewalk or on the public street, they can only do that on private property, like this
business, if they go through this temporary use process and put us back in the same
boat of trying to figure out what's the safest reasonable standards to apply to these
businesses. So, I'd ask you to consider as well, on top of your discussion tonight, not in
relation to this business, but in future if you would like to give us some direction on
coming up with some standards and some licensing types of standards for this, we
could certainly do that as well. Again, I apologize, the same as Mrs. Canning. I don't
know that I can give you a whole lot more direction than that as to how your ordinances
will apply to this scenario, but, hopefully, if that can help you get started. If you have
other questions, I can certainly help in answering that.
De Weerd: Thank you, Mr. Nary. Any questions for staff at this point?
Bird: I have none, Mayor.
De Weerd: Okay.
Donnell: Madam Mayor?
De Weerd: Mrs. Donnell.
Donnell: Did we -- just for my own, you know, clarification, did we not have an expresso
shop in front of the old Intermountain Arms building at one point?
De Weerd: Yes. And I believe they had to come through for a CUP, because they had
a drive-thru; is that correct?
Canning: That would have been true if they did have a drive-thru. And, Mayor, I did
have a little bit of follow up to Mr. Nary before you take the public testimony, if you
want. My choices in regulating this -- and this is just explaining a little bit about where
the gap is. It's a retail use in a retail district. So, the question is is this a -- what kind of
approval process does this go through. If it were a permanent building, then, it would
go through a certificate of zoning compliance approval and we would look at things like
how much of the parking lot they are disturbing and if it's more than 25 percent, then,
the whole parking lot needs to come up to a better standard. But it isn't a permanent
Meridian City Council
January 18, 2005
Page 19 of 38
building, so -- so that process is out. The other area I have to look at is whether or not
it's an accessory use and the accessory standards are fairly open, but the one that it -- it
talks about the size of the lot, the nature of the principal permitted use, and its
relationship to the accessory use and whether there is actual incidence of similar uses
in the area and, usually, I take that to mean the City of Meridian or even larger, the
Treasure Valley area. And, then, the potential for adverse impact on adjacent property.
And this was one where it wasn't customary to see a hot dog stand way out at the front
of a parking lot, as opposed to closer to the building, such as you would see at Home
Depot, where that's -- that's really an accessory use of the Home Depot is the hot dog
vendor out in front. So, it's kind of -- I couldn't make the determination that it was an
accessory use either. And that's why you have an application for a temporary use in
front of you. And as Mr. Nary explained, because the -- even though the nature of the
business, they don't want it to be temporary, the structure that is in is a temporary
structure. Otherwise, I would be just taking it through the certificate of zoning
compliance. Given that, you do have a staff report included with you and what Mr.
Hood has done, as just a suggestion -- and I need to make this clear, that these are not
-- is not existing code that he's looking at, but he's looked at some of the standards we
have been developing with the process improvement group for temporary uses and he's
raised some of those as potential considerations for the City Council, if you choose to
approve this use. Those are some of the basic safety issues that you can address.
Those are called out in that staff report. So, that's what that staff report -- those
standards are. They are not existing standards, it's standards that we are proposing in
the new ordinance and just as a starting point for discussion is all they were. So, with
that I will take any questions or let you move on with the hearing.
De Weerd: Okay.
Donnell: Madam Mayor?
De Weerd: Mrs. Donnell.
Donnell: What kind of permit or license do these snow cone places have in front of Fred
Meyer?
Canning: The one that --
Donnell: There is no difference than this.
Canning: The one that's there on the permanent foundation is -- it's been there for
awhile and I assume that that was approved as part of the -- the overall development on
the property. Again, it is a retail use in a retail district. But that's one's on a permanent
foundation and -- so I haven't actually processed that one. Now, if it has a drive-thru, it
has to have conditional use approval. That's just -- that part I can deal with. That's a
defined use. I know that much of it. One of a similar use that we did do recently was
the emissions testing vans and those, because they are -- it's a very similar structure in
that it -- you know, you can haul it up and haul it away, but because it's a quasi-public
Meridian City Council
January 18, 2005
Page 20 of 38
use there, we did make it go through a conditional use approval for a quasi-public use.
And, again, it's a drive-thru, too. You keep the car idling there, so it's really the same
issues as the drive-up or drive-thru window. So, that one we did make go through the
conditional use process and some of the conditions that we placed on it were just kind
of getting it out of the parking -- the parking lot flow and getting some safety there
around the building and some flower pots, as I recall, to kind of mark some areas for
that.
Donnell: And the Taco Burrito -- the ones that I see at the speedway and out at the
Country Corner --
Canning: That's a chasing target -- a moving target, so --
Donnell: Okay. So, it depends on whether they have wheels? Sort of?
Canning: Yeah. And how long they are kind of staying somewhere.
Donnell: Or whether you have to get out of your vehicle and go to the business to
purchase whatever it is that you're going to purchase, rather than do it from your
window? Car window?
Canning: Yes. Those are some of the considerations we are grappling with, so --
Donnell: Goodness.
De Weerd: So, as you can see, there is a lot of questions and that's our challenge as a
growing, dynamic community, that we get to sometimes do this by the seat of our pants.
Any other questions for staff at this point, Council? Okay. Would the applicant like to
come forward. Were you sworn in, sir?
DiMaria: Yes, ma'am.
De Weerd: If you will, please, state your name and address.
DiMaria: Madam Chairman, Council, my name is Steve DiMaria, I'm a resident of
Meridian, Idaho.
De Weerd: Thank you.
DiMaria: And I'm the gentleman that's kind of causing this controversy with my little hot
dog trailer. And one of the things I'm requesting is that -- I know you don't have any
particular guidelines for something in the past, but what I'd like to state is that in the five
weeks that we have been at that area we have had cars stop in front, we have not really
-- the true explanation -- created any traffic jam or that we have had many -- over 150
plus residents, many of Meridian, try our food and really like it and say it's been a long
time that someone brought a hot dog to Meridian. They are kind of hamburgered out.
Meridian City Councii
January 18, 2005
Page 21 of 38
All I'm asking is for consideration in your guidelines to operate there in that area, which
I'm paying rent for and having a lease agreement with Rite-Aid. I've also taken further
steps that if for some reason you find it unbearable to have me out in that little area, that
I could possibly relocate, as Mustards did by the Home Depot, next to the building. But
one of the reasons -- and this is -- I wanted it out there is because we are a four-by-
eight, 32 square feet, very small. Before you notice me you're passed me and we try to
put it into a location which is only 1/6th of a parking space, which is 9-by-20. Also, I'm
only taking 1/6th of a parking space of 99 parking spaces that are allotted to Rite-Aid
and we tried and I gave dimensions to you great people as to just pinpoint just where
we are at and all I say tonight is, please, give me consideration and my customers to
stay where I'm at and operate, because we do feel that we are contributing to the
residents of Meridian in a small way. Thank you.
De Weerd: Thank you. Council, do you have any questions?
Bird: I have none.
De Weerd: Thank you very much.
DiMaria: Thank you very much,
De Weerd: Okay. John Forsberg.
Forsberg: Madam Mayor--
De Weerd: Were you sworn in, John?
Forsberg: I was not.
De Weerd: Is the testimony you provide tonight the truth, the whole truth, and nothing
but the truth, so help you God?
Forsberg: It is.
De Weerd: Thank you. Please state your name and address.
Forsberg: John Forsberg, 2320 Cadillac Drive, Meridian, Idaho.
De Weerd: Thank you, John.
Forsberg: I'm not really for or against this whole thing, I'm just wondering how
something like this comes in and changes the use of a parking lot in its small way
without that parking lot being upgraded to current city ordinance. It seems like to me
that it kind of puts the horse before the cart here and -- or the cart before the horse and
it just kind of grinds on me that the rest of us have to abide by all these rules and Rite-
Aid seems exempt from everything. That's alii got.
Meridian City Council
January 18, 2005
Page 22 of 38
De Weerd: Okay. Thank you. Council, any questions?
Bird: I have none.
De Weerd: Thank you.
Donnell: I do. Madam Mayor?
De Weerd: Mrs, Donnell.
Donnell: John, are you referring to the condition of the -- of that parking area?
Forsberg: I am. Yes. It's as unattractive as it gets and it's supposed to be the Gateway
to our city and we are in just -- I mean probably do better just to take a bull dozer to that
whole area. I don't know.
Donnell: Does the hot dog stand improve the looks of that parking lot?
Forsberg: Not--
Donnell: In your view? Okay.
Forsberg: It doesn't -- it neither detracts from it or adds to it, it's just -- it's just there and
the whole thing is, you know, very '70ish.
De Weerd: Thank you. Okay. I have one other person signed up to testify. Jeff
Gerard. Did I say that right?
Gerard: Yes, you did.
De Weerd: And I do know I swore you in.
Gerard: Yes, you did.
De Weerd: Please state your name and address.
Gerard: Jeff Gerard, 517 Kebob Trail Drive here in Meridian. We have been
homeowners now -- tomorrow it's a week. So, we are very new to this wonderful town.
De Weerd: Welcome to Meridian.
Gerard: I'm here to speak for the hot dog stand. It is delightful. If you stop by you
would know why I'm standing here. It is one of the most -- the best hot dogs I've ever
had and it would very much a shame that this city would lose that. That's all I wish to
say. Thank you.
Meridian City Council
January 18, 2005
Page 23 of 38
De Weerd: Thank you. Is there anyone else who would like to provide testimony on
this application?
Canning: Madam Mayor, would you like some further explanation about the parking lot
issue at this particular location?
De Weerd: Well, Council member Donnell would like some samples of the hotdogs.
Canning: It sounds like a good idea right now, doesn't it. Madam Mayor, Members of
the Council, this is -- to further complicate factors, of course, this site has some
outstanding issues on it that have been particularly tricky for the city. The Rite-Aid
building sits on a separate lot. Actually, several portions of that large structure that
makes up that row of buildings are on separate lots and there is a cross-access and
parking agreement, but since no use has come into -- that's asking to trigger that 25
percent standard that I mentioned before -- the landscaping ordinance says if you're
going to -- if you're going to do -- restripe or repave or reconfigure more than 25 percent
of the landscaping, then, the whole -- or the parking lot, then, the whole parking lot
needs to be redone. But there are issues among the tenants as they don't agree on
when that should be done or how that should be done. So, the city is actually holding a
bond for the Salvation Army, which is no longer even in there, for some of the parking
improvements, but the next use that goes in and things like that. So, there is a
longstanding issue about this parking lot. But this one particular use does not trigger
the need for the whole parking lot to be redone, is basically what it boils down to. So,
even though that's an outstanding issue, the code's pretty clear that this one use won't
trigger that.
De Weerd: Thank you, Anna. Any other questions from Council? Okay. And if there is
no further testimony, Council, would you like staff to prefer -- or to pursue some
standards to start crafting an ordinance to look at permitting requirements or a business
license requirement? I don't know what direction you want to take this or if you want to -
- how you would like to proceed. Mr. Wardle.
Wardle: Madam Mayor, my preference on this issue, really, first, was to allow an
opportunity for some public comment on this and we have had some of that this
evening. I think it's important for us to have a licensing or permitting application in
place. I think, as Mr. Nary pointed out, we are going to have some more of these come
through and I think we need a standard policy and, really, that's all the applicant is
asking for this evening is what is our standard policy, what are our procedures, and so
I'd like to just kind of open things up for discussion as to how -- as to what those would
be. The one question I have is about the setback requirement, which would affect this
current application, as well as some in the future, and I'm not sure if we -- in my
personal opinion, whether we need to identify that by size or whether it's sight
obstructing to any of the ingress or egress portions of the parking lot -- I mean to me
that's one of the first issues with this and potentially future applications.
Meridian City Council
January 18. 2005
Page 24 of 38
De Weerd: Okay. Do you have some preferred direction you would like to give staff?
Wardle: Well, if we don't necessarily want to have a discussion, I would certainly prefer
to. bring -- to have staff craft some sort of a licensing arrangement which these people
could apply for -- these types of uses could apply for, with some specific direction to
placement on individual properties, private properties, and, then, we definitely in the
future need to look at the city's policy about placement on public property, but I think
that's -- we can use some of the same standards, but that's a separate discussion from
this private property issue.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I don't dispute what Councilman Wardle is saying. Another concern I guess I
would have is -- or question, how many hot dog stands can that parking lot sustain?
And I don't want to put it in terms of a control feature, but in the permitting process how
many of those footprints are you going to put in a specific parking lot before it becomes
a problem? That's the problem when you start crafting language for these kinds of
things to deal with and for the enforcement folks and, then, the folks that are trying to
operate these things. So, I think it's well intended that we look at it, but there is some
tough issues to deal with in how to craft the language in terms of density. If Rite-Aid
wanted to put in 25 percent of their parking spaces in these kinds of retail outlets,
whether it's hot dog stands or curios or whatever it might be, what's the saturation level?
De Weerd: And I guess that's the direction staff is looking for, you know, in terms of -- it
is a good question and it has nothing to do with this application, it's, in general, if you
had five of these out there, when would it trigger the need to bring the landscaping up to
standards as was brought -- the point made in testimony. And what do you want that to
look like? Where would you want them parked, in the middle of a parking lot
unprotected -- you know, I think there is a safety issue. It's a small thing, it could be
easily hit by a car -- I mean cars are hit by cars in parking lots. I know that seems odd,
but, you know, I -- some weird things go on in our parking lots. These are the kind of
things that need to be crafted or considered if you are going to go that direction in trying
to make a policy or business application.
Canning: Madam Mayor, Members of the Council, remember that this is perhaps the
exception and not the norm. Don't forget about the vendor that wants to come to
Scarecrow Festival and Dairy Days. Would you like staff, in developing those
standards, to primarily focus on these that are -- that are not moving off the property say
after 48 hours or something like that, that aren't there for a specified public event, so --
actually, I just -- that's pretty good, that specified public event. I like that. Anyway, if
you want these to just regulate that and, then, maybe exempt those that are just there
for a short period of time, that will help me to know that I'm just focusing on those. Is
that fair? That the business license would still get the short-term ones, but the
standards related to development would apply to these semi-permanent ones.
Meridian City Council
January 18, 2005
Page 25 of 38
De Weerd: In this case I guess a question for the applicant. Does Central District
Health inspect your facility? Yes?
DiMaria: Yes. Yes, Madam Chairman. I have a -- I have a certificate from the health
department and it's in my trailer.
De Weerd: Okay.
DiMaria: And I also have my state ID tax certificate in there. And I do have two million
dollars liability insurance --
De Weerd: Oh, that's good.
DiMaria: -- on that, in and out around that area, and it also includes and states Rite-Aid
also with that.
De Weerd: Well -- and I -- those are good points and probably should be consideration
for any kind of a business license for it, more of a -- not permanent structure, but more
than a temporary structure.
DiMaria: Well, that was one of the reasons, because of the nature of where I'm at, I was
asked to cover two million dollars liability insurance and that's what I do have on it.
De Weerd: Okay. Thank you. Council, I guess also direction to staff -- at the beginning
in the presentation it was to allow the operation to continue to go forward until we come
back with recommendations. Mr. Wardle.
Wardle: Madam Mayor, that's a procedural question I was going to ask legal staff. If--
or one of the questions I have is do we need to act on this miscellaneous application to
allow the applicant to continue business and, then, if not, if we are going to create a
policy, some sort of business license fee, there is -- there was a fee associated with
bringing this application forward and so whatever we do there, I think we need to
somehow make some consideration in that respect.
Nary: Madam Mayor, Members of the Council, Councilmember Wardle, you have a
couple of different -- different things that you may want to consider. As for this
temporary operation, it is sometimes very cumbersome in dealing for the staff, as well
as the public, when uses are allowed to continue pending us, the city, taking further
action. The Mayor's office, the Council, the staff have taken a lot of criticism at times for
allowing what some people think of as a problem to continue without some standards
around that. So, you may want to consider that. The application that's in front of you --
my recommendation would be that you -- can do a couple things. You could ask based
on some further direction, some of the safety considerations we have talked about,
some of the -- the fact that currently it appears from some of the more anecdotal
evidence that the staff has received is that the facility, because of just where it's located
Meridian City Council
January 18. 2005
Page 26 of 38
and how it's located, is being used currently both for walk-up and drive-up in the same
space, I think there is some safety concern with that. What you could -- could direct is if
you'd like is for the staff, based on some direction from you, to meet with the applicant
and come back in a couple of weeks with some generalized standards for safety and
the protection of the public, that you can, then, act on the temporary application. In
addition to that, you may also, again -- and in that temporary application would be -- and
Mr. DiMaria would be aware that what we would be looking at is creating a licensing
that would apply to these semi-permanent types of businesses. So, the temporary
application would have an expiration. And although Mr. Bird is very good to encourage
at how fast he thinks things can happen from the city attorney's office, he recognizes, as
we all do in government, sometimes things take a little longer than we thought. It may
take us a little while to create some standards that are fair and reasonable and to get
public input on making sure that we are crafting things that address the variety of
different -- and I don't like the term itinerant merchant, but as we were sitting here
discussing the last few items, I looked and every other city, except the city of Garden
City in our surrounding area has an itinerant merchant ordinance, except us and Garden
City. We want to be able to address the people that sell fish from a bus to versus
people that have a fixed structure that they have, obviously, invested some money in
and some capital in and trying to create something different. So, I think we have to
identify what we are looking at between the ones that want to operate for the Scarecrow
Festival and someone that wants to operate a taco van next to the speedway and try to
find what's fair. That may take some time and I don't want to hold up an application or
recommend that you hold up an application for two or three months and have them
continue to operate on that tenuous thread while we are working on it. So, that's a
suggestion you can certainly direct us to do and bring you back some reasonable
standards for the temporary nature of this right now and, then, we can further, then, put
the licensing provisions together in a better way and, then, bring that back to you as well
and, then, when Mr. DiMaria's temporary license or temporary operation is expiring, he
can, then, apply for a license and, then, we can move on.
Donnell: Madam Mayor?
De Weerd: Mrs. Donnell.
Donnell: I was really listening to you very carefully, Mr. Nary, but it seemed to me that
you said -- you said one thing and, then, you contradicted it again. And so perhaps I
wasn't listening as carefully as I thought, but I -- so I'm going to make this comment and
if I -- if it was what you already said, then, I apologize. It could get there. It could get
there. I don't think that any of our businesses or developers or anyone should have to
suffer because we don't have something in place that addresses their issues, their
licensing or their application or -- obviously, you know, this applicant did his -- his work
with the tenant or whoever he's renting that space from, that piece of earth, parking lot.
Bad parking lot. But we -- but because the city didn't have anything in place that gave
any guidance to this kind of business, then, it seems to me that we shouldn't have them
not operating their business once they have begun that operation and waiting for us to
come up with some kind of licensing or ordinance. So, having said that, I would just
Meridian City Council
January 18, 2005
Page 27 of 38
encourage the Council to approve the request for this miscellaneous application and,
then, of course, to direct staff to put together a draft of a licensing for these itinerant
merchants that we can review and, then, pass at a later date. So, were you hoping I'd
put that into a motion, Mr. Rountree?
Rountree: When we close the hearing.
Nary: Madam Mayor?
Canning: Madam Mayor?
Nary: Madam Mayor?
De Weerd: Mr. Nary.
Nary: Okay. And I probably wasn't clear, Councilmember Donnell, and I guess I wasn't
trying to be contradictory. You always have -- this Council always has generalized
police power to protect the public's interest and I think at least some of the discussion
has been on some of the concerns about the safety of this operation in its location and
whether or not some modest safety standards should be met, whether it's too close to
the driveway entrance, whether it's in a drive aisle, whether there should be some
barricade or barrier to prevent drive-up and walk-up in the same spot, where there
should be some -- not landscaping necessarily, but some type of protective around this
structure, so no one runs into it. I think you can give that direction and still consider the
temporary use of property and do that. My only suggestion was -- is rather than all of
you try to craft that tonight as to what the specific things are, is that if that's your
direction, you can certainly direct the staff to meet with the applicant, for us to come up
with those suggestions and bring those back to you in a couple of weeks and, then, you
can take up the temporary license issue or the temporary use issue. Also, in the same
time direct the licensing provision part processing go forward, so that we can collect
some data and information as to what do we regulate, what kind of activities are there,
are there differentiations between the type of itinerant merchant types of operations that
are out there, so we can start crafting some licensing things. It's just two different
things. I'm sorry if it sounded contradictory.
Donnell: That's okay.
Canning: Madam Mayor?
De Weerd: Anna.
Canning: Members of the Council. Regarding the safety standards that Mr. Nary has
mentioned, we have taken a stab at those and beginning on page three of Mr. Hood's
staff report there is a lot more text there than -- than is actually -- I don't want to go
through them one by one, but what I'd like to do is just give you an idea of the direction
that staff wants to take regarding some of those life safety standards and maybe just get
Meridian City Councii
January 18, 2005
Page 28 of 38
a general thumbs up or nod of the head or shake of the head, depending on Council,
just so I can get a feel for what kind of standards we should be crafting before we
actually go to do it and I do apologize for this, this is why I apologized at the beginning
is I knew it would come down to this, but just to get some idea from Council where they
wanted to go. For instance, regarding the location of the structure, staff's general
feeling is that it should be out of the required landscape buffer and out of the required
travel lanes that are in the parking lot. Is that something City Council would be
supportive of in general? Okay. I have got one nod.
Donnell: That's because I wasn't listening to you, Anna. See, I tried very hard to listen
to Mr. Nary, but I wasn't listening to you. So, tell me again what that was for a nod or--
Canning: On page three Mr. Hood had started looking at some of those kind of basic
standards that we would be looking at.
Donnell: Just that last remark about the --
Canning: Location?
Donnell: Yes.
Canning: Yeah. We generally thought that this should be located out of the required
landscape buffer. Now, in this case there is not landscape -- the full required landscape
buffer, but we thought it should be located beyond that 25 foot area. And we also felt it
should be located outside of any drive aisles for the existing parking lot.
Donnell: Thank you;
Canning: Okay. I have got two nods now. Okay. And poker faces from Mr. Wardle
and Mr. Rountree.
Wardle: Madam Mayor, just my comment, Anna, about that. From a safety point of
view, if those drive aisles and those buffers were put in place when the project was
approved to allow safe passage in and around those businesses, I would agree that that
is a standard that we can meet. Certainly visibility is important for the business, but we
need to, in my opinion, take that into conversation, just the safety of travel within the
entire parking lot. So, I would be comfortable looking at that specifically.
Canning: Which to read between the lines, means that you're not as concerned with the
landscape buffer width?
Wardle: My personal concerns is the actual safety --
Canning: Okay.
Meridian City Council
January 18. 2005
Page 29 of 38
Wardle: -- and to make sure that the property is safe and that the customers of all the
businesses in that parking lot are safe.
Canning: Okay. Mr. Rountree?
Rountree: I'm okay with the way this is written.
Canning: Okay. And, then, regarding the structure, his is only 32 square feet. What we
have been looking at in the new ordinance was 500, so -- which is quite a bit larger. So,
we probably won't have any restrictions regarding size pertaining to this particular one,
since it is so small. We probably have a general condition saying that when he moves it
off it needs to be returned to a -- basically the way it was or better than what he found it.
Okay. Parking and access. I think that we have discussed that with the safety issues,
so I think I'm clear there on where to go. We would intend to require him to configure
that so that folks could not drive up to the window, because that would be a drive-thru
use and would require conditional use approval. I got general nods on that one as well.
And, then, prevent traffic hazards and nuisances, we'd certainly keep that in. Regarding
signs, we would probably put a general one in saying that they should meet the sign
ordinance standards. And that would be for kind of more like a structured use, since we
don't have temporary uses listed, we'd treat it more like a regular structure.
Wardle: Madam Mayor?
De Weerd: Mr. Wardle.
Wardle: And just on that, in future applications I believe that that -- there shouldn't be a
sign application submitted for the individual license.
Canning: Okay.
Wardle: Does that make sense? It should all come as a package, signage -- with
approval within those standards.
Canning: Hours of operation. Staff has not recommended anything. That would
certainly be something I'd like some input from Council on.
Rountree: Anna, I guess the input I would have there is it would be consistent with
whatever constraints might be on the existing retail. If there are none, then, I don't see
any reason to enforce them.
Canning: Is there general agreement there?
Bird: I would agree with Councilman Rountree.
Canning: I did skip one. This applicant doesn't have -- currently have any motorized
equipment, but we would probably make it a condition of approval that no compressors
Meridian City Council
January 18. 2005
Page 30 of 38
or other motorized equipment that's un muffled or would create excessive noise on the
property. And, then, the time period we are recommending 12 months. That addresses
kind of the temporary nature and gives us time to get a vending license in place and
would probably be recommending annual approval of those business licenses as part of
that package. I think that that's pretty standard.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Now, Anna, I know that we got a lot of red tape and we are awful slow and Mr.
Nary has got really slow since he's moved three chairs to the right.
Nary: Thank you for not forgetting to mention that.
Bird: But 12 months for a temporary? Come on now.
Canning: Well, he would be allowed to operate for 12 months.
Bird: I know, but I don't agree with that. I think we give two -- you're going to have
other people come in. Once this gets out tomorrow morning, you're going to have other
hot dog stands showing up. Are you going to give them all temporaries for a year?
Canning: Madam Mayor, Members of the Council, I hope to have a new -- a whole new
ordinance to you. The draft comes out the end of this month. As part of that I've got a
significant section on temporary uses, The standards that are in here now are ones that
we have developed for that ordinance. So, this would address these kind of semi-
permanent ones that wouldn't get the business licensing. That's -- that's Mr. Nary's
task, I suppose. But it will get these ones that are more than 48 hours or more than for
a specified public event or something like that. So, we do have some upcoming
standards that are drafted and should be to you shortly, so --
Bird: Why is it going to take us take 12 months to get an ordinance in place or a license
in place, permanent license, that we can offer on a yearly basis?
De Weerd: Anna, I think what he's suggesting is that this be put into place on this
application for a period of time that gives us an opportunity. to have a policy to go
through the public process and, then, when this applicant comes back to renew, all of
those things are in place at that time. So, I believe that Councilman Bird's comments
are more let's not try this for a year, but for this particular one put it -- a reasonable time
frame that all these other preparations can be put in place, go through the public
process, put in place, so that when he comes back to renew, we have a process that --
Bird: Is permanent.
De Weerd: -- is permanent. And, Council, you can put that time frame on yourself.
Meridian City Councii
January 18. 2005
Page 31 of 38
Canning: Yeah. In previous discussions we had talked about the director having the
review and approval authority for these temporary uses. So, it would not be a Public
Hearing process such as the one we have tonight.
De Weerd: Well, my comment, Anna, is the policy itself will go through a public process
-- a Public Hearing process, not that we want to hear -- we love seeing all these
temporary vendors in front of us, but that's fine that it stays with you. I mean the policy
itself would come through a public commenting period and they can --
Canning: Yeah. I'll have -- I'll have the land use portion to you soon. And just so I'm
clear, Mayor and Councilmember Bird, when you say a permanent approval, you just
mean a permanent process?
Bird: Yes.
Canning: Okay. Okay. That was the other thing that was -- that I was concerned
about. Okay. Just so -- you just want --
De Weerd: A policy.
Canning: -- an established process in ordinance. And I will have that to you before
you --
Bird: I want the gentleman to be able to walk in in a certain period of time, get his
license, and he's good for a year. He don't have to come through this-- what he just
went through. But we have a license, we collect a fee. Because I'm -- he's not going to
be the only one as we grow larger.
Wardle: Madam Mayor?
De Weerd: Yes, Mr. Wardle.
Wardle: And I would agree, I think that we can put a process in place in six months,
because this was really brought to our attention, because we didn't have this in place.
And the one thing that I would do is because we are talking about a 12 month licensing
program, is that we grant this application, a six month temporary use, and, then, allow
the fee that's been paid for this application to apply towards that 12 month license. I
think it's only fair.
Bird: And I agree with you, Councilman Wardle.
Donnell: So do I.
De Weerd: Okay.
Meridian City Council
January 18, 2005
Page 32 of 38
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: If we don't have anymore, I would move that we close the Public Hearing on MI
04-017.
Donnell: Second.
De Weerd: Mr. Bird, I believe that Mr. Rountree has something.
Bird: Oh, I'm sorry.
Rountree: That's all right. I can ask Anna after we close the hearing, unless there is
more testimony.
De Weerd: Well, the motion - there is a motion and a second, so I do have a motion on
the floor and it's non-debatable.
Bird: We can have discussion.
Nary: But I don't know if -- Madam Mayor?
De Weerd: Uh-huh.
Nary: Sorry to interject. I don't know -- we have talked a lot of things that put some --
put some requirements on the applicant and I don't know if he'd have, really, the last
word to be able to respond. So, the maker of the motion and seconder may want to
allow that to happen before you vote on closing the Public Hearing.
Bird: Absolutely.
Donnell: Certainly.
De Weerd: Okay. Mr. Applicant, would you like to respond? You have heard a lot of
discussion up here.
DiMaria: Yes.
De Weerd: Have you been able to weed through what -- the direction they are actually
going?
DiMaria: Well, my first interpretation is that I think, from what I have heard, the majority
of you are in favor of what I represent in this great city and I do apologize that I've come
in to ask for something that hasn't been in effect in this city, but maybe I'm happy in a
way that we have instituted new guidelines. We are a growing city. Maybe now is the
Meridian City Council
January 18, 2005
Page 33 of 38
time to start planning in new directions that we didn't do before. Alii ask is that you give
me that consideration to continue to operate six months or whatever. I would be happy
to meet with whoever I have to meet with, get my license, I've already planned -- I'm
putting -- if you let me stay there, some small little planters all around the front and sides
as a buffer to keep cars or anything away from the front of my little trailer and that was
on the recommendation of the planning director and I think it's a grand idea, even
though it's winter, but I do plan on putting something out there to keep the cars
immediately from coming up, you know, into the front of it.
De Weerd: Just don't put plastic flowers in there.
DiMaria: No. No, ma'am. So, if I can --
Bird: Get red tulips.
DiMaria: So, if I could walk away here tonight knowing that I have you nice people
behind me and I continue to operate and come back and comply with what you want, I
will be happy and I'm sure once you come to my little trailer you will be happy.
De Weerd: Well, we are going to have to give it a try now.
DiMaria: I hope you do.
De Weerd: Have you been able to see the staff report that was drawn up?
DiMaria: Yes, ma'am.
De Weerd: Okay. And do you feel comfortable with everything that's in there?
DiMaria: Yes. As far as the setback, as I said, I have taken some measurements, I
have taken the time -- you know, I measured from the street curb back -- I'm over 30
feet from the street. I'm five foot -- I'm five foot recessed from the parking stripe aisle
along the parkway part. So, I am setback some. I will do whatever I have to do to
comply. I agree with safety. I am trying to take some measures and steps, but didn't
want to implement them until I know that I had the backing of you Lady Mayor and the
Council to say, hey, we want to give this guy a break.
De Weerd: Okay. Council, do you have any questions for the applicant? Okay. Thank
you.
DiMaria: Thank you. Come see me.
De Weerd: Okay. Mr. Bird.
Bird: I would move that we close the Public Hearing on MI 04-017.
Meridian City Council
January 18, 2005
Page 34 of 38
Donnell: Second.
De Weerd: Okay. There is a motion to close the Public Hearing on Item 12. All those
in favor say aye. All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
Rountree: Madam Mayor, I had a couple questions for Ann¡:¡. One, you know my
position on signing, so whatever the licensing is, it should be consistent that it's revoked
if they violate the city sign ordinances. And this is in the ordinance itself. The other
thing that just crossed my mind -- and I don't know if we are covered in other
ordinances, but now that the Boy Scouts are gone, hot dogs, some kind of a beverage,
is there provisions somewhere in our statutes that would either allow or not allow a beer
license or some such for this kind of an operation. And, if not, somebody's probably
going to ask and at some point in time in the future just think about that, I guess, when
you're crafting it. I think we might be taken care of in some of our other ordinances, but
check and see.
Canning: It would -- if it's just a beer or -- and/or wine, I don't treat it as a bar. It's just
part of -- it's kind of an accessory use. So, the beer and wine license that the city clerks
office does would regulate just the annual renewal of that license. But, otherwise, it
would -- unless the Council gives direction otherwise, it would typically be kind of an
accessory use.
Rountree: I would ask you to get some direction from the police chief as well.
Canning: Okay.
Rountree: So we don't create a problem.
Nary: Madam Mayor?
De Weerd: Yes, Mr. Nary.
Nary: Madam Mayor, Members of the Council, Council member Rountree, in the
licensing provision for beer and wine license, I don't think the alcohol beverage and
control would allow us to issue a license to sell it through a drive-thru window. It is
against state law to have an open beer in your vehicle, regardless of whether it's on the
roadway.
Rountree: I know they used to do that in Nampa.
Nary: Yeah. That's true. But I don't think we would issue -- I mean we wouldn't issue a
beer and wine license to sell beer or wine through a drive-thru window, even if it was out
of a store. Otherwise, whether or not they could have it is whether or not -- as long as
Meridian City Councii
January 18, 2005
Page 35 of 38
people - I think it would violate our open container ordinance if you had it out in the
parking lot, so --
Rountree: Just think about it.
Nary: Sure.
De Weerd: You're just looking for compatible uses with that hot dog.
Rountree: Somebody is going to ask.
Bird: You're right.
De Weerd: It was a good point. Okay. Mr. Wardle, do you have a motion?
Wardle: Madam Mayor, I move that we approve Item No. 12, MI 04-017, miscellaneous
application for Steven DiMaria and to include all staff, applicant, and public comments,
specifically the comments addressing staff report and the applicant's willingness to
comply with those and issuing the temporary permit for six months.
Donnell: Second.
De Weerd: Okay. The motion is to approve Item No. 12. If there is no further
discussion, Mrs. Green, will you, please, call roll.
MOTION CARRIED: ALL AYES.
Item 13:
Water, Sewer and Trash Delinquencies:
De Weerd: Thank you very much for joining us. Okay. Item 13 is the water, sewer,
and trash delinquencies. This is to inform you in writing, if you so choose, that you have
the right to a pre-termination hearing at 7:30 p.m., Tuesday, January 18th, before the
Mayor and City Council to appear in person to be judged on the facts and to defend the
claim made by this city that your water, sewer, and trash bill is delinquent. You may
retain counsel. Your service will be discontinued on January 19th, 2005, unless
payment is received in full. Is there anyone present who wishes to contest her or his --
his -- his or her -- their water, sewer, and trash delinquency? They are hereby informed
that they may appeal and have the decision of the city reviewed by the Fourth Judicial
District Court pursuant to Idaho State Code. Even though they appeal, their water will
be shut off. The amount of the turn-off list is $39,383.05.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Meridian City Council
January 18. 2005
Page 36 of 38
Rountree: I move that we approve the delinquency tum-off schedule for January 19th in
the amount of $39,383.05.
Bird: Second.
De Weerd: Okay. The motion is to approve Item 13. If there is no further discussion,
Mrs. Green, will you, please, call roll.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea.
MOTION CARRIED: ALL AYES.
Item 14:
Ordinance No, 05-1126 RZ 04-012 Request for a Rezone of
3.74 acres from I-L & CoG zones to all CoG zone for Ravmond Estates
Subdivision by Ronald Van Auker - NEC of East Franklin Road and
North Gaudians Avenue:
Item 15:
Ordinance No, 05-1127 AZ 04-024 Request for Annexation
and Zoning of 47.66 acres from RUT to R-4 zone for proposed Silverleaf
Subdivision by Centennial Development, LLC - 2683 West Chinden
Boulevard:
De Weerd: Thank you. Items 14 and 15 are Ordinance 05-1126 and Ordinance 05-
1127. Mrs. Deputy Clerk, will you, please, read these ordinances by title only.
Green: Thank you, Madam Mayor, Members of the Council. Ordinance No. 05-1126;
an Ordinance RZ 04-012, aka Raymond Estates, located at the northeast corner of East
Franklin Road and North Gaudians Avenue for property located as described in
Attachment A of this ordinance and rezoning certain lands and territory situated in Ada
County, Idaho, and within the corporate limits of the City of Meridian, as request by
Ronald Van Auker, and rezoning the land use zoning classification of said lands from I-L
and CoG, light industrial and partial general commercial to all CoG, general commercial
in the Meridian City Code, providing that copies of this ordinance shall be filed with the
Ada County assessor, the Ada County recorder, and the Idaho State Tax Commission,
as required by law, and providing for a summary of the ordinance and providing for a
waiver of the reading rules and providing an effective date.
Green: Ordinance No. 05-1127, an Ordinance AZ 04-024, aka Silverleaf Subdivision,
for property located as described in Attachment A of this ordinance and annexing
certain lands and territory situated in Ada County, Idaho, and adjacent and contiguous
to the corporate limits of the City of Meridian, as requested by the City of Meridian,
establishing and determining the land use zoning classification of said lands as R-4, low
to medium density, in the Meridian City Code, providing that copies of the ordinance
shall be filed with the Ada County assessor, the Ada County recorder, and the Idaho
State Tax Commission, as required by law, and providing a summary of the ordinance
and providing for a waiver of the reading rules and providing an effective date.
Meridian City Council
January 1 e, 2005
Page 37 of 3e
De Weerd: Thank you. You have heard these two ordinances read by title only. Is
there anyone who would like to hear it read in its entirety? Hearing none - Frank, I'm
still waiting for that day. I think that will probably be the last thing you attend; right?
Bird: When he gets done reading it.
De Weerd: Okay. Do I have a motion to approve 14 and 15?
Wardle: Madam Mayor?
De Weerd: Mr. Wardle.
Wardle: I move that we approve Item No. 14, Ordinance No. 05-1126, and Item No. 15,
Ordinance No. 05-1127, with suspension of rules.
Bird: Second.
De Weerd: Okay. The motion is to approve ordinances on Items 14 and 15. If there is
no further discussion, Ms. Green, will you, please, call roll.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea.
MOTION CARRIED: ALL AYES.
Item 16:
Executive Session per Idaho State Code 67-2345(b)(c):
De Weerd: Thank you. Okay. The last item on our agenda is an Executive Session
per Idaho State Code 67-2345(b) and (c). Do we have a motion?
Bird: So moved.
Rountree: Second.
De Weerd: Okay. The motion is to adjourn into Executive Session. Ms. Green, will
you, please, call roll.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea.
MOTION CARRIED: ALL AYES.
EXECUTIVE SESSION:
De Weerd: I would entertain a motion to adjourn.
Rountree: So moved.
Meridian City Council
January 18, 2005
Page 3B of 38
Bird: Second.
De Weerd: All those in favor say aye.
ALL AYES. MOTION CARRIED.
MEETING ADJOURNED AT 9:46 P.M.