HomeMy WebLinkAbout2005 02-01
Meridian City Council Meetina
Februarv 1. 2005.
The regular meeting of the Meridian City Council was called to order at 7:08 P.M.,
Tuesday, February 1, 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, Tara Green, Brad Watson, Bill Musser, Brad
Hawkins-Clark, Kenny Bowers, and Dean Willis.
Item 1:
Roll-call Attendance:
Roll call.
~ Shaun Wardle -LChristine Donnell
~ Charlie Rountree ~Keith Bird
----1L- Mayor Tammy de Weerd
De Weerd: Okay. I will go ahead and call the regular City Council meeting to order,
Tuesday, February 1st. It is eight after 7:00. Welcome all of you in joining us here
tonight. I will go ahead and get started with roll call attendance. Mr. Berg.
Item 2:
Pledge of Allegiance:
De Weerd: Thank you. Item No.2 is the pledge of allegiance and we have Roy Hewett
with the Boy Scout Troop 185 to lead us in the pledge. Please rise.
(Pledge of Allegiance recited.)
Item 3:
Community Invocation by Pastor Burton Roberts, with Meridian
Gospel Tabernacle:
De Weerd: Thank you. Well, we appreciate having Boy Scout Troop 185 with us
tonight. Good look with your merit badge on citizenship. Item No.3 is our community
invocation that will be led by Pastor Burton Roberts with the Meridian Gospel
Tabernacle. Boy, I can spit that one out.
Roberts: That's a mouth full, isn't it?
De Weerd: Yes. If you will, please, take this moment to join us in the community
invocation or as a moment of silence. I just -- I hope this is not an indication of our night
to come.
Roberts: Good evening, Madam Mayor, Council. As a part of my invocation tonight I'm
going to share with you the fourth verse of our national anthem, something -- words that
we don't too often hear. Oh, thus be it 'er when free men shall stand between their
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February 1. 2005
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loved homes and the war's desolation. Blessed with victory and peace, may the heaven
rescued land praise the power that has made and preserved us a nation. And conquer
we must when our cause is just. And this be our motto, in God we trust. And the Star
Spangled Banner in triumph shall wave or' the land of the free and the home of the
brave. Let us pray. Heavenly Father, we, indeed, invoke your presence at this time
tonight. We ask that there will be peace continuing in our land. We ask that you would
continue to watch over us as we care for the matters of the city. Cause this night to be
a night when the deliberations are just and appropriate and that there is an agreement
that we all must find within ourselves, the love of one another and the love of our nation,
causing our hearts this night to give thanks for all that you have done for us. We ask
these things in Jesus' mighty name. Amen.
De Weerd: Thank you. And thank you for coordinating this for the last year, Pastor
Roberts.
Roberts: You're welcome.
Item 4:
Adoption of the Agenda:
De Weerd: It's been very much appreciated. Okay. Item No.4, the adoption of the
agenda.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: We have been asked to take a couple. On the regular -- there is nothing on the
Consent Agenda. On the regular items, Item No.8 has been asked to be tabled to
February 8th, 2005. Item No. 15 has been asked by the developer, the applicant, to be
pulled. I don't know what ordinance number -- 05 --
Wardle: 1129.
De Weerd: 05-1129.
Bird: Nine. And 1130. And also at the request of the Mayor, we have been asked to
have an Executive Session as Item 19, under Idaho State Statute 67-2345(1)(b). And
with that I would move that we approve the revised agenda.
Rountree: Second.
De Weerd: Okay. The motion is to approve the agenda as amended. All those in favor
say aye. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
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February 1,2005
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Item 5:
Consent Agenda:
A.
Approve Minutes of January 11, 2005 City Council Regular
Meeting:
B.
Approve Minutes of January 18, 2005 Pre-Council Meeting:
C.
Findings of Fact and Conclusions of Law for Approval: RZ 04-
018 Request a Rezone of .74 acres from L-O to C-C zone for Kinetico
Qualitv Systems of Treasure Valley by Irma Jean Phillips - 544
West Cherry Lane:
D.
Findings of Fact and Conclusions of Law for Approval: 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:
E.
Permanent and Temporarv Easement Contract for the North
Siouah Sanitary Sewer Project:
F.
Approve Beer and Liauor Transfer for the 127 Club - 127 East
Idaho:
G.
Aareement for Professional Services for BDS Lock Box:
H.
Permanent and Temporarv Easement Contract for the
Westborouah Subdivision:
I.
Budaet Amendment - North Black Cat Trunk and Lift Station
Proiect:
J.
Approve Bills:
De Weerd: Consent Agenda.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move that we approve the Consent Agenda as published and for the Mayor to
sign and the Clerk to attest on all legal papers.
Rountree: Second.
De Weerd: Okay. Motion to approve the Consent Agenda. If there is no further
discussion, Mr. Berg, will you call roll.
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Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea.
MOTION CARRIED: ALL AYES.
De Weerd: Thank you.
Bird: Madam Mayor?
De Weerd: Yes, Mr. Bird.
Bird: Before we go any farther, before starting into the regular agenda, we need to -- as
Item No. -- we will exchange -- we will make the Executive Session 20 and No. 19, with
your permission, a letter signatory from the Council and Mayor, is Senator Crapo's
letter. If we could add that.
Rountree: Second agrees.
Bird: I apologize.
De Weerd: Okay. With Council's permission, we will go ahead and add an Item 19 for
the signature of the letter to Senator Crapo and Item 20 would be the Executive
Session. All those in favor say aye. Okay. All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
Item 7:
(Items Moved from Consent Agenda)
De Weerd: Okay. There were no items moved from Consent Agenda.
De Weerd: Item 8 has been requested to table to February 8th. I would entertain a
motion.
Item 6:
Department Reports
A.
Legal Department
1.
Public Disturbance Ordinance Amendment:
Donnell: Madam Mayor?
De Weerd: Mrs. Donnell.
Donnell: Are you going to skip the Department Reports?
De Weerd: Oh, yes, I am. I thought I would expedite this meeting. Sorry.
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Bird: Oh, we like that.
De Weerd: You can see I'm really here tonight, aren't I?
Nary: The chief and I take no offense at that, Madam Mayor.
De Weerd: Yes. In particular, sorry, chief. Okay. 6-A. I guess we will back up and ask
the legal department for their report.
Nary: Thank you, Madam Mayor, Members of the Council. There is, actually, two
ordinances on the department report tonight. I have presented you a couple of drafts of
these ordinances in the last couple of weeks and I was really just seeking direction if
you would like these placed on your agenda next week for review and possible
approval. The first one, just briefly, is an amendment to our current noise disturbance
ordinance. That's gotten, essentially, some discussion in the public regarding our noise
disturbance and I wanted to at least bring that forward after our recent Louisiana Pacific
neighborhood meeting. You do need to amend or consider amending this ordinance if
you wish to pass a fee that will be on your agenda from the parks department either
next week or the following week, regarding people being allowed to purchase permits to
have activities in the park that will allow them to have a band or some music or
something like that. That would currently violate the ordinance as it's currently written.
So, at least one of these exemptions you would need to pass if you wanted to allow
permitted activities in the park. Some of these other ones I, borrowed from the Boise
city noise ordinance that I had written back in 1996, because we found that they were
common everyday things that police officers had to address that sometimes were
problematic and were not very effective in criminal code to issue citations for and I could
just briefly -- you have seen them all and most of them seem fairly routine and fairly self-
explanatory. The only thing this probably doesn't address that is the only -- probably the
strangest noise complaint I ever received was a week after we passed the Boise city
noise ordinance in 1996 I received a call from a person that wanted to complain about
the ice cream truck and didn't like the ice cream vendor and his music and the bell that
he rang. In Boise they do have licensing for that activity. We don't have licensing for
that activity here, so that would probably fall into some -- some other type of discussion
with them on that. But other than that, most of these things deal with public property
areas, the parks, the municipal property, schools, and the like. The one that is probably
dealing with business operations is number seven, which talks about, basically, when
you have a particular zoning designation area and you have activities in that zone that
are part of that process to be approved for that business, that it doesn't, then, make
sense to turn around and give them a citation -- a criminal citation for a business
activity, because their lights are too bright or because their doors open too loud or those
types of things. You want to keep that within the confines of your -- of your planning
and zoning code and Mrs. Canning and I have had some discussions -- you will be
seeing that code within the next couple months with some revisions and they are going
to try to address a lot of those business operational things in the zoning code where
they belong. Chief Musser has had an opportunity to review this ordinance as well. I
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February 1, 2005
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don't know if he has any comment for you, but if you would like me to put this on next
week, I could certainly do that. Chief, did you have any comment you wanted to add?
Musser: Madam Mayor, Members of the Council, and Mr. Nary, at this time I don't have
any other comments to add. I think our city attorney has pretty much summed it up and
I would agree with most of his rationale and justifications for those changes and think
they would make things easier.
De Weerd: Thank you, chief. Thank you, Bill. I guess I would echo whatever resident
complained about the ice cream truck. It costs me money every time the kids hear it.
You don't have kids pulling at your pocket.
Bird: No, but I have got myself out there.
2.
Public Hearina Process:
Nary: Madam Mayor, the second report in there, the Planning and Zoning Department
and myself, since I came on in October, have been working on the public hearings
ordinance that we have and trying to clean it up, trying to provide a little bit more
structure to it that would be applicable to the Planning and Zoning Commission and,
when necessary, if the parks commission were to be having a hearing that was a public
hearing, they could apply that ordinance as well. They don't have many public hearings,
but if they were, they would have the ability to use a set format of rules and regulations
as to how hearings are run, what the format is, how presentations are made and all of
that. It's a much more cumbersome ordinance than what we currently have, but it has a
lot more structure. They have had the building contractor's association review it once,
we have made some changes, and I have asked Mr. Baird to also review it to make
sure we have -- we have a legally defensible ordinance and I don't believe there is any
other issues that we need to address. But that means it will still take a little bit to get in
front of you. What I propose to put in front of you next week, if you would like, is to
eliminate swearing in the people prior to giving testimony. It isn't required by the state
of Idaho, there isn't any -- any reason it needs to be in there, and we can certainly
eliminate that now and allow you to conduct your business and, then, as we bring the
other one forward, which may take a little longer, we can certainly address whatever
other issues there are. But I propose that. ,It's a very simple fix. We can put that on
next week, if you would like me to do that.
De Weerd: I would say that would be very welcome, Mr. Nary.
Wardle: Madam Mayor?
De Weerd: Mr. Wardle.
Wardle: Question for Mr. Nary. In item D, time limit for speakers, I notice that it allows -
- this ordinance allows the Mayor to set those time limits out, but it doesn't spell
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February 1. 2005
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individually the time limits for speaking out. Is that a separate set of rules that appears
in another ordinance somewhere?
Nary: There are no rules currently in the Meridian city ordinance. That's what this new
ordinance that we have been drafting will designate, how much the applicant has
initially, how much the response or rebuttal testimony can be, all of that is in the new
one. The current ordinance doesn't have guidelines; it is totally up to the chair currently.
Wardle: Okay. Thank you.
De Weerd: And I can put time restrictions on Councilmen, too.
Rountree: Not according to this.
De Weerd: Any other questions?
Bird: Madam Mayor?
De Weerd: Yes, Mr. Bird.
Bird: Going through this -- and I do like it, but I think there is some areas where --
where it says by the Mayor or presiding officer -- because you do have the Council
president preside and I know at the last you say presiding officer, but I think to be clear,
where it says the Mayor may order at anytime or presiding officer, not just because of
the -- like I say, the Council president does run that, too. And also we have, as I
understand, Planning and Zoning would be working under these rules.
Nary: Madam Mayor, Members of the Council, Council-member Bird, all I was
proposing with this change was to eliminate the swearing in. The new -- the new code
that we are working on will address Planning and Zoning and the Council, and the
process and the only reason I think -- and I can certainly add presiding officer. I think
for the sense of clarity, the reason that they did it this way was at the very end they
basically put in a catch-all that said presiding officer or president of the Council, the
presiding member would act as the Mayor as described above. So, that way each
reference didn't have to say Mayor, Council president, presiding officer. Otherwise, it
would be cumbersome. So, unless you want me to add that, at this point I will just
delete the one section that's the most troubling and, then, we will finish the other one in
due course and bring that back with the other changes we have to the code.
Bird: Thank you.
De Weerd: And I believe that, Council, you have seen some of the other suggestions
earlier about -- probably about six months ago as we were trying to run our meetings
the same with Planning and Zoning and City Council, so that even those that came to
testify understood our processes, so that we were consistent and that those
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suggestions would be, then, integrated into the document that you have in front of you.
They are not in there now, all of them.
Nary: No. Those suggestions -- you will be -- this is just to fix the one thing.
De Weerd: Right.
Nary: Then you will receive part of that with the new Planning and Zoning code, we wiil
finish up the public hearing ordinance and it will have significantly more changes and
they will all reflect that. We won't put the swearing in back in, but we will make sure we
keep it out -- we have changed all of these things, so they are more current and really
how you have been running the meetings and that they will be consistent with Planning
and Zoning. So, if you want, next week all you will see is what's in front of you.
B.
Police Department - Chief Musser
1.
Update on Doa Adoption Policy and Procedure:
De Weerd: Okay. Any further questions? Thank you, Mr. Nary. Okay. Chief, Item B.
Musser: Madam Mayor, Members of the Council. The first item I have for you tonight is
an update on our dog adoption policy and procedure. I had sent out the paperwork
earlier for inclusion in your packets. I don't know if everybody's had a chance to fully
review it. However, in terms of disposing of dogs that we have in the pound or that
have been impounded by animal control, we were looking for an alternative to just
euthanizing the animals. We have worked with the program, pretty much got that
volunteer program up and running and noticed that we needed some definite guidelines
for an adoption policy. In lieu of trying to run through the whole ordinance format, we
relied upon the general language of the ordinance, which says a humane disposal,
period, and we have established a policy and guideline, which included adoption as part
of that humane disposal. This has been set up so that our volunteers and our animal
control officers have a guideline to be able to follow and we will put forth rules and
procedures for us to adhere to with the dog adoption program. At this time what I was
requesting, if this looks good, or if there are no significant issues or questions or
problems with it, is to have it placed on Consent Agenda for a resolution next week, with
this Council's approval, we could move forward with this, then, becoming our policy and
procedure for the dog adoption program. I did talk to my liaison Councilman Wardle.
He had one question in particular about the spade and neuter issues with our area vets
and the Idaho Humane Society. Those agreements have yet to be finalized. However,
when we do have those in place and in writing, they will be presented to the city
attorney and brought forth for this Council to review at that time as well, before we enact
any type of actual fee charging. Other than that, we are working on a standard five
working day concept, which is pursuant to the ordinance, before we can dispose of any
dog. They will have to be reviewed for compatibility. We will also note whether or not
there is any type of major medical malady or problem with the animal prior to releasing it
for adoption and, as well as that, potential adopters will have to complete an animal
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adoption application and agreement and sign a waiver with the City of Meridian. All of
those forms, as well as a policy and procedure, have been reviewed by the city
attorney's office at this time and I would stand for any questions on that.
De Weerd: Chief, I guess my only comment is in the policy it mentions the five working
days and in the procedures it says a minimum of five. Can we also include the term
minimum up in the policy as well? As a minimum of five working days?
Musser: Well, I believe the policy language we had for those that remain unclaimed
after five working days, is basically a reflection of the city ordinance itself. And, then,
we put the minimum in in terms of procedure, so that we have to have at least that in
order for the employees to follow it and have it. I can understand a wee bit of the
confusion there on the language, but when we are looking at after five working days in
the policy, we are stating it has to be at least the sixth working day before we do
anything with the dog and if you want the language cleaned up, I guess we could go
ahead and do that. I didn't see where we had that much of an issue on it, though.
De Weerd: I guess just to make it consistent.
Musser: Okay.
De Weerd: Okay. Any questions on this item, Council?
Bird: I have none, Mayor.
De Weerd: So, Council, are you okay to bring it forward?
Donnell: Yes. Bring it forward.
Rountree: That would be good.
Bird: It would be my desire.
De Weerd:
ordinance?
Chief, while we are on dogs, where are we at with the vicious dog
Musser: There has been some communication between, our Boise City Attorney
representing criminal -- the criminal contract with the City of Meridian and with our City
Attorney Bill Nary. I think that we are just starting through the process, if I understand it,
to kind of review that and get that back on track. It was side-railed just a wee bit due to
pregnancy issues with our contracting agencies. Maybe our attorney could answer that
a little bit more specifically.
De Weerd: Mr. Nary.
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Nary: Well, I don't know if I can answer that more specifically. Madam Mayor,
Members of the Council, the last contact I had with Mrs. Tate before she left on
maternity leave, she sent me what information she had. She had sent -- that she still
had available. She had sent most of her information to Mr. Nichols back in probably the
end of the summer, August, something in that time period. August. September. I did
contact Mr. Nichols and he didn't have any other information than what I already had.
So, they don't -- they didn't have any draft of any possible ordinance. So, I think we can
probably put something together. There is a lot of available material out there and it
won't take very long to do that. She just -- she just tried to send me the bulk of the
information she could gather and that was probably in November, because I think she
left on maternity leave the first part of December. So, we are working through that. I
just don't have -- I don't have anything to put in front of you right now, but I think we
should probably have something done on that fairly shortly, so -- that I can at least get
back to the chief for his comments, so-
2.
Discussion of County-wide Geo-Cast Communicator System:
De Weerd: If we can put some priority to this. I know it's been an issue and there has
been something more recent come up. It would be nice to have this in place. Okay.
Item No.2.
Musser: Item No.2, Madam Mayor, Members of the Council, is a Geo-Cast
communicator system that's currently in place over in Boise with their crime prevention
unit. I received information from Curt Crum, who coordinates and heads up that unit,
that they have a computer that's in place, they have upgraded it through a grant for
current hardware and for new phone lines and to bring it basically the state of the art
and what this Geo-Cast communicator does -- this is an automatic calling type of
computer system that activates a geographic area, be it Meridian, Eagle, certain locales
within Boise or the entire county and we can activate it to call all listed telephone
numbers and make notifications to people on crime issues that we may have in an area,
alert them to potential hazards that may be occurring in their area and even on
notifications of missing juveniles. It's a crime prevention item that they have been using
over in Boise for approximately the last year and have found it to be very beneficial. We
would like to piggyback on this with them. There are some costs to us, though. We got
out of the majority of them, because of the grant. However, it will cost approximately
10,000 dollars a year to maintain 12 dedicated phone lines at approximately 6,000
dollars for those 12 phones lines and, then, 3,900 dollars in an annual service
agreement and data updates for the software. That 10,000 dollars is being proposed to
be split four ways and it's my understanding at this time that Garden City, Ada County,
and Boise have already agreed that they will share their ends of it. Our part of that
would be approximately 2,500 dollars per year. I would like to receive approval and the
okay from this Council to be able to move forward on this. I do have money available in
the budget at this time. However, it may need a year-end amendment as we get to the
tail end of it. I do have a budget line with at least 14,000 dollars that hasn't been
dedicated out from professional services at this point and if we can make that
amendment at the end of the year and move forward on this, I would also like to be able
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to see us include this in our base operating costs as we move forward in the 2006
budget year as well.
De Weerd: Thank you, chief. Mr. Wardle.
Wardle: Madam Mayor, when the chief brought this forward for my review and
discussion, my first indication was that this was a fantastic idea and certainly something
that's worked well within the community of Boise and for us to be able to participate in
this to keep our citizens safer and better informed for the cost of 2,500 dollars, I
certainly agree, especially since it's in the budget and believe that it should be added to
the base budget, obviously, in support of the continuing grant.
De Weerd: And there is no but?
Wardle: No.
De Weerd: Thank you.
Rountree: How about a motion?
Bird: Yeah. Was that a motion?
Donnell: Just one question, Madam Mayor.
De Weerd: Yes, Mrs. Donnell.
Donnell: Chief, does this require -- I heard you say the additional 12 phone lines; is that
right? That we would have -- the subscription amount of 2,500 dollars is for the
software?
Musser: The overall cost that we have on that, Councilwoman Donnell, is a total of
10,000 dollars, which we would be paying a portion of the 12 lines. There is already 12
lines in and operating over at Boise. It's through a T-1 trunk, so we would just be paying
a portion of that in order to main it. That's probably the most expensive portion of this
whole thing. And, then, the annual service agreement and data updates for the
software and the computer is the other 3,900. So, in total, we are looking at just under
10,000 dollars, of which we would be paying 2,500.
Donnell: And a follow up, please? And does this require any personnel cost?
Musser: At this time --
Donnell: Does someone man those 12 phone lines? It's just -- it's an automatic calling
system that just goes out?
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Musser: This is a fully automated system. The only thing that they have is somebody
has to go down and activate it and, then, be able to turn it off and, then, also program
that in. However, that's done through the crime prevention unit over at Boise city. So,
they provide those personnel costs.
Donnell: Great. Thank you.
De Weerd: Okay. Thank you, chief. Do I have a motion?
Wardle: Madam Mayor?
De Weerd: Mr. Wardle.
Wardle: I move that we authorize the expenditure towards the Geo-Cast system and
direct the department to add this to their base budget for next fiscal year.
Donnell: Second.
De Weerd: Okay. The motion is to approve the request of Item B-2. Is there any
further discussion? Hearing none, all those in favor say aye. All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
3.
Discussion of K-9 Replacement Plan for Tiko:
De Weerd: Okay. Item three.
Musser: Madam Mayor, Members of the Council, item three is a proposal for a K-9
replacement plan and what I was looking for is some direction at this time from the
Council. As you know, we have three K-9s, the oldest being Tiko, who we purchased
for just a little over 5,000 dollars a number of years ago. He is now approximately eight
and a half years old. We feel that he probably only has another viable year and a half to
two years of services as a police K-9 at this point. One of the nice things about Tiko,
though, is his disposition and oftentimes that's one of the key factors we are looking at
when we are looking at police K-9s, is their ability to know when they are supposed to
be working and when they are not. And our proposal at this point is to breed Tiko, who
is fully capable, with another Malinois from the eastern part of the state, so we can
obtain a puppy for puppy raising during this next year and a half to two years and that
dog could, potentially, replace Tiko at a very minimal cost to the city. And as an
example of where we are at, as I say, Tiko has tried and Dutch is originally one of his
pups and we have him on the force working, too, so -- and he's been a very good K-9 at
this point and continues to improve, but we found this might be one of the better ways to
be able to keep our K-9 force moving forward. We do have a commitment from
Corporal Stokes to continue to do the puppy raising. He is Tiko's handler now and that
wouldn't cost us any additional money in terms of where he's at now with his K-9 pay.
However, what it would cost is probably some additional medical costs and related dog
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food costs, but we can adjust that in terms of an enhancement for the 2006 budget, if
this proposal is something Council would like us to pursue.
Bird: Madam Mayor?
De Weerd: Yes, Mr. Bird.
Bird: I wholeheartedly agree with it, chief. I think let's get her going. And let's hope that
-- make sure the mother has got the nice disposition that Tiko does. He's -- that's the
best thing we did was getting him for our first police dog, after the experience we had
back in the 70s with our two police dogs that we had. Tiko is a,pet until you tell him to
go to work and, then, he's a dog.
De Weerd: Chief, do you have a budget number on that?
Musser: I don't have a budget number that was associated with what Lieutenant Lavey
passed on to me. However, we should be able to accommodate costs within our
current budget at this point, because most of our costs should be fairly minimal. We
were looking at some time the mid portion of this month before this process can even
take place and, then, of course, it will be a number of weeks before we have a puppy
available and, then, that puppy won't be viable for us to take out of the litter and we will
have the pick of a male pup. So, that will probably be at least another six weeks before
that pup would come in, which moves us pretty close to the tail end of our budget year.
But I will place an enhancement for any other expected costs that we will be looking at
as we move forward into the 2006 budget.
De Weerd: Thank you.
Wardle: Madam Mayor?
De Weerd: Mr. Wardle.
Wardle: And I echo Councilman Bird's sentiment to get this going. The chief brought
this forward -- as not really as a budget amendment, just as a -- more of permission
from the Council to proceed this direction with the process as described to and to add
another K-9 to our K-9 unit.
De Weerd: Thank you for the clarification.
Wardle: It took me awhile to understand it.
De Weerd: Okay. Thank you, chief.
Musser: Thank you, Madam Mayor.
Meridian City Council
February 1, 2005
Page 140f42
Item 8:
Tabled from January 25, 2005: FP 04-084 Request for Final Plat
approval of 33 single family residential building lots and 3 common lots on
10.07 acres in a R-8 zone for Arcadia Subdivision by Pinnacle
Engineers, Inc. - 5995 North Jericho Road:
De Weerd: Now you see why I skipped this item. Okay. We will get back to Item No.8.
I would entertain a motion to table this item.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move that we table Item No.8. FP 04-084, until February 8th, 2005, as per
applicant's request.
Rountree: Second.
De Weerd: Okay. The motion is to table Item 8 to February 8th. All those in favor say
aye. All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
Item 9:
FP 05-003 Request for Final Plat approval of 20 single-family residential
building lots and 1 common lot on 5.27 acres in an R-4 zone for Packard
Acres Subdivision No.3 by Packard Estates Development, LLC - east
of North Locust Grove Road and south of East Ustick Road:
De Weerd: Item 9 is FP 05-003. Welcome, Brad.
Hawkins-Clark: Thank you.
De Weerd: Nice to see you. I will open with your comments.
Hawkins-Clark: Thank you, Mayor, Members of the Council. This final plat is for
Packard Acres Subdivision No.3. At this point this would be the final portion of
Packard. The preliminary plat was approved by the City Council several months ago.
It's the five acres that is on the west side of Wingate Lane and they are now coming in
for their final plat. On the screen is their final plat application, which does substantially
conform to the preliminary plat. As you may recall, Wingate Lane -- originally they had
some open space here on Wingate, they have moved that over to Devlon Avenue.
They will provide a six-foot cedar fence along Wingate. The final plat includes the
conditions regarding these lots not having any gates onto Wingate, as well as, of
course, the preliminary plat condition that dealt with a gate on Wingate. There was an
8,000 dollar agreement that the Council asked for to be between the developer of this
subdivision and the homeowners association and the lane -- the lane association.
Meridian City Council
February 1, 2005
Page 15 of 42
That's, of course, a part of the preliminary plat. So, staff is recommending approval of
the final plat.
De Weerd: Thank you, Brad. Have you heard from the applicant? Are they in
agreement with all the conditions?
Hawkins-Clark: I have not received anything -- they are here in the audience.
De Weerd: Okay. Does the applicant have anything? Is the applicant in agreement
with this staff report? Okay. So, the applicant does agree. And unless Council has any
questions for him, I believe he probably is good not coming and talking. Okay. Council,
any questions?
Bird: I have none, Mayor.
De Weerd: Okay.
Wardle: Madam Mayor?
De Weerd: Mr. Wardle.
Wardle: Hearing no other comments, I move that we approve Item No.9, FP 05-003,
final-plat for Packard Acres Subdivision No.3.
Donnell: Second.
De Weerd: Okay. The motion is to approve Item No.9. Ms. Green, will you, please,
call roll.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea.
MOTION CARRIED: ALL AYES.
Item 10:
FP 05-001 Request for Final Plat approval of 11 commercial building lots
and 1 other lot on 14 acres in a CoG zone for Sparrowhawk Subdivision
No.2 by David Waldron - northeast corner of Franklin Road and Nola
Road:
De Weerd: Thank you. You almost got me on that one. Okay. Item 10 is FP 05-001.
Start with staff comments.
Hawkins-Clark: Thank you, Madam Member, Members of the Council. Sparrowhawk
Subdivision is located here on the north side of Franklin. The subdivision includes right
now -- the main portion that the applicant, Mr. Waldron, is proposing to develop is the
eastern portion. At this point in time they don't have development intentions that have
been given to the city for the eastern portion. The Foothill Apartments, as you may
Meridian City Councii
February 1,2005
Page 16 of 42
recall, are on the acreage that's here at the east end and so this plat encompasses
basically the rest of what originally came through as Sparrowhawk Subdivision. As I
mentioned, this eastern half that has these triangular shaped lots is the portion that they
are intending to provide the sewer and water stubs to. They have, on the face of the
plat, a sanitary restriction from the Central District Health Department that is -- would
have to be lifted later on for lots one here on the corner of Nola and Franklin, two, three,
and four. That is a process that normally the Council doesn't get involved in, but Central
District Health would have to -- would have to lift the sanitary restriction, of course,
before they did that, but I think other than that, staff found that the application was in
compliance with the preliminary plat -- or in conformance. I'm sorry. We did -- staff did
receive a phone call from Mr. Waldron today. He said that he was in agreement with
the report as you have it in your files, but that he was not planning to attend, but he did
tell us that he was in agreement. I don't know if he had anyone else representing him
here tonight, but --
De Weerd: Okay. Thank you, Brad. If the applicant is -- well, the applicant has
indicated agreement with the staff conditions. Council, do you have any questions for
staff? Okay.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I move that we approve Item No. 10, FP 05-001, Sparrowhawk Subdivision,
subject to staff comments.
Bird: Second.
De Weerd: Okay. The motion is to approve Item No. 10. Ms. Green, will you, please,
call roll.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea.
MOTION CARRIED: ALL AYES.
Item 11:
FP 05-002 Request for Final Plat approval of 83 single family residential
building lots and 5 common lots on 25.86 acres in a R-4 zone for Milliron
Subdivision by Dyver Development, LLC - northeast corner of North
Black Cat Road and West Cherry Lane:
De Weerd: Okay. Item 11 is FP 05-002. Start with staff comments.
Hawkins-Clark: Thank you. Milliron Subdivision. This is the final plat for the acreage
here at the northeast corner of Black Cat and Cherry and they have -- they are coming
in with the full subdivision right now. It's a single-phase project. As you may recall,
most of the testimony during the preliminary plat was from Golf View Estates
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February 1, 2005
Page 17 of 42
homeowners association regarding the fencing and the pathway and landscaping in the
rear yards that are adjacent to Golf View. And they have -- the majority of those
agreements that Mr. Amar made with the homeowners association of Golf View were to
be included in their CC&Rs, so they will not be something that the city enforces, but
they -- there is a condition in the final plat that says he's responsible to make sure that
those are done, that they get into the CC&Rs. The final plat does show -- reflect the
changes that we had asked for, including the main one that was the item of discussion
at P&Z Commission and that's the new access road to Cherry, which was not a part of
their original plan. But, otherwise, I don't think there was any outstanding issues. We
did not receive any written response, to my knowledge, to the staff's recommended
conditions, but we are recommending approval of it.
De Weerd: Thank you, Brad. Is the applicant here tonight?
comments? Do you agree with -- okay. Council, any questions?
Do you have any
Bird: I have none, Mayor.
De Weerd: I am amazed at the speed of bringing back the final plat.
Donnell: So, Madam Mayor?
De Weerd: Mrs. Donnell.
Donnell: I'd like to make a motion that we approve the final plat, Item No. 11, FP 05-
002, Milliron Subdivision.
Bird: Second.
De Weerd: Okay. The motion is to approve Item 11. Ms. Green, will you call roll.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea.
MOTION CARRIED: ALL AYES.
De Weerd: Okay. We are at the public hearing portion of our agenda. Per our
ordinance -- that will be changed next week -- we are required to swear in those that
would like to provide testimony on Items 12, 13, 14 or 15. If you plan on providing
testimony, 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
will.
(Affirmative answers.)
Item 12:
Public Hearing: AZ 04-029 Request for an Annexation and Zoning of
8.58 acres from RUT zone to CoG zone for Cottonwood Lane by Tom
Holliday/Cottonwood Lane Partners - 985 East Freeway Drive:
Meridian City Council
February 1, 2005
Page 18 of 42
De Weerd: Just to give Council relief from me having to do that, the sooner the better.
Okay. Item No. 12. I will open this public hearing on AZ 04-029, with staff comments.
Hawkins-Clark: Thank you, Madam Mayor, Members of the Council. This application is
just for annexation and zoning. There is no other development applications associated
with it tonight. The property is on the north side of Freeway Drive, I believe is the name
of it. It's, yeah, off of Eagle Road, 1-84 interchange. The property is this L-shaped lot
here that does have frontage on Well Street on the west and, then, the freeway on the
south. The lot is within amended Magic View Subdivision. All of this area on the inside
of Wells and Magic View and Allen was designated on the Comprehensive Plan in 2002
as commercial. As you can see, most of it is coming in at the CoG, general commercial
zoning. This is the Hampton Inn hotel at the corner and, then, two vacant lots behind
that and, then, Hubble Homes and other tenants are in a building located here and,
then, some other medical facilities north of that. And, then, the Comfort Inn Suites is
this triangular shaped piece here. So, as you can see, it's rapidly developing in there
and what they have come to the city with is a request to annex and zone to C-G with a -
- there is a concept plan that they submitted, as you have seen in other annexations,
essentially, we have been asking for that at staff level to demonstrate what might be
their intentions for development at this point in time, even though we recognize that may
change. So, the Planning and Zoning Commission reviewed the application. Mr. Dave
Bohecker testified at that meeting in favor of it as the applicant's representative. There
was no opposition at that hearing. One of the conditions that the Planning and Zoning
Commission asked to be placed on this project dealt with the legal description. One of
staffs original recommendations -- as you can see, there is a fairly naturai breaking
point in their concept here and regardless of whether or not these uses come in as
proposed, they will need to deal with this sort of choke point, if you will, in the parcel.
They are tentatively showing a hotel down here off of Freeway Drive and, then, three
office buildings and, then, multi-family housing up here. The multi-family housing
component would not be allowed in the CoG zone, so Craig Hood, who did the staff
report on this, recommended that the Commission make thatL-O, limited office, which
would allow for office in the future, but it would also allow for multi-family with a
Conditional Use Permit. So, they did agree with that. We did receive a revised legal
description, which is shown here. So, there is two different zones that we currently
have in the application. If you approve this tonight, you would be approving this
northern half to a limited office and, then, this southern half to a CoG and that change is
actually not delineated in Exhibit A of the recommendations, so if you agree with that, if
-- basically, if you could just instruct staff to go ahead and make that change. I think the
only thing I'd point out is that we did -- we did recommend a development agreement
that entered into between the property owner and the City of Meridian and some of
those conditions that would go in a development agreement are outlined in the
recommendation to you. The Five Mile Creek is here and -- the western portion of that
and we do have in our Comprehensive Plan a regional pathway that it follows the creek.
Right now up here to the north and west Woodbridge Subdivision has stubbed the
pathway that they have going through their project. There is a little bit of a break
because of Locust View Heights, which is a county one acre subdivision that we would
Meridian City Council
February 1,2005
Page 19 0142
have to -- the parks department at some point in the future, would need to gain access
through that to continue the path, but, then, it would -- it would follow this -- the Five Mile
Creek through this path. So, some of those -- a few other items in the development
agreement are outlined in there. I don't think I need to highlight those, but -- and unless
you have any questions, I think that summarizes where the recommendation is.
De Weerd: Okay. Council, any questions for staff at this time?
Bird: I have none, Mayor.
Wardle: Madam Mayor?
De Weerd: Mr. Wardle.
Wardle: Brad, you mentioned that multi-family housing is a conditional use within an L-
0 zone?
Hawkins-Clark: Correct.
Wardle: Okay. Thank you.
De Weerd: Okay. Is the applicant here this evening? Do you want to provide
testimony? Okay. Council, do you have any questions for the applicant at this time?
Rountree: I have none.
Bird: I have none, Mayor.
De Weerd: Is there anyone else who would like to provide testimony on this
application? Okay. Brad, I guess I have a question as -- I know it's not a written policy,
but prior Councils have not liked to have seen annexation requests come forward
without plats. Was that discussed at the Planning and Zoning meeting?
Hawkins-Clark: I don't believe that very issue was, Mayor, as far as whether or not
there would be a plat. I think there is a little bit of a time issue here in terms of them
wanting to get the land annexed, so it may be a bit more marketable to a potential client,
knowing that the land is in the city limits. But, clearly, if they choose to want to break off
this parcel into sellable lots, we would see that come back before us as a public
hearing.
De Weerd: Yes, because we have had one other experience where we have annexed
and not had a plat with us and we don't like to repeat things. That was an awkward
application to have come back. Okay. Council, do you have any --
Bird: I have no questions.
Meridian City Council
February 1, 2005
Page 20 of 42
Rountree: I have no questions.
De Weerd: Okay. Well, if there is no further testimony or information needed, I would
entertain a motion to close the Public Hearing.
Bird: So moved.
Rountree: Second.
De Weerd: Okay. The motion is to close the Public Hearing on Item No. 12. All those
in favor say aye. All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
De Weerd: Discussion or a motion?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Hearing no discussion, I'll attempt to make a motion here. I move that we approve
AZ 04-029, the request for annexation and zoning of Cottonwood Lane, that we have a
development agreement, the northern part is zoned L-O, the south CoG, and to
incorporate all staff comments and P&Z comments.
Rountree: I'll second.
De Weerd: Okay. The motion is to approve Item No. 12 with the amendments as
stated. If there is no further discussion, Mrs. Green, would you call roll.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea.
MOTION CARRIED: ALL AYES.
Item 13:
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:
De Weerd: Thank you. Okay. Item 13 is a Public Hearing on VAR 04-007. I will open
this Public Hearing with staff comments.
Hawkins-Clark: Thank you, Madam Mayor, Members of the Council. This application
is, actually, for a structure that's currently under construction, the Majestic Cinemas
building on the north side of Overland Road off of 1-84, in between Eagle Road and
Locust Grove. The building itself has already been issued a certificate of zoning
Meridian City Councii
February 1, 2005
Page 21 of 42
compliance by our department and a building permit through the building department.
In discussions with the Planning and Zoning Department about the signs for the site, the
applicant, Mr. Ray Hallett, raised a question about how some of the signs that are
traditionally included with cinemas would fit with our code and there was a few areas of
our ordinance which didn't meet his intentions. So, he has submitted this application,
which, actually, is requesting a variance to four different subsections of our sign code.
And that's -- even though it's one application, it does include four different areas and
those were outlined in both his application, as well as our staff report. The property --
and, actually, the next item on your agenda is this same area, the Boise Valley
Commons preliminary plat includes this site that you see, which the theater sits on and,
then, extends over here to the east a little bit as well. Here is a site plan that gives you
a little better idea of the building's orientation. The facade facing east and, then, all of
the parking located east of that. There is a 50-foot wide landscape buffer on the north
side of the building on -- from the 1-84 right of way line south. It's a 50-foot wide
landscaped area. ACHD does have a storm-water easement that is for up here in this--
the northeast portion of the project. This is the elevation of the building. Just to kind of
give you a little bit of a sense for the area that the marquis signs and wall sign that are
the subject of this application are at. So, as you can see, it's focused largely in this
central entry area for them. The application -- here is a blow up of that that was
included with their application and the four areas that they are asking for a variance
tonight -- the first one has to do with the manual reader boards and our ordinance say
that if you take a wall sign up, up to 50 percent of that area of that wall sign can be used
for a manual reader board. They are, obviously, asking for more than that. Now, they
would be eligible for -- including this much reader board area, but the way that our
ordinance is written, they would have to have other wall signs that make it larger. So,
they are asking to, basically, have a higher percentage of their wall signs be a manual
reader board, so -- that's the first request. The second one they are asking for is that
wall signs -- that the entry spire of the wall sign be allowed to extend up to 49 feet in
height. As you can see, it's sort of a triangular shape and they are proposing that the
word Majestic be on this wall sign, which is mounted to their facade. The sign
ordinance says that wall signs should not extend above a roofline. That is, in part,
because of building code and wind load issues potential there. It's also -- most of the
wall signs I think that the jurisdictions have dealt with are more horizontal in nature and
not vertical like this. So, they are asking for that height exception. The third subsection
that they are asking for a variance for is 11-14-9-F-4, which is the illumination signs are
prohibited on wall signs, basically, meaning that the direct -- the source of the
illumination should not be visible to the public. The exposed neon tubes that they are
asking for would violate that and so they are asking for that to be waived. And, then,
the fourth area that they are asking for in their application deals with the flashing neon,
which is generally in this area of the sign and I think Mr. Hallett will be able to go into a
little bit more detail for you, so you can get a better idea of these. But we reviewed this
and, as you know, most of the time staff we -- the required findings that we need to
make and that the Council must make are pretty restrictive for variances and usually for
good reason. We have generally recommended denial of variance requests, unless it's
just a very clear-cut case that there is a hardship that the applicant does not have any
control over. There is a couple of areas that were outlined. The applicant has included
Meridian City Council
February 1, 2005
Page 22 of 42
some information for us. One is the Americans with Disabilities Act does require
theaters, as of many years ago, in the '90s I think it was, to make some adjustments
which require some of these structures to be enlarged and there are some requirements
that kicks them into some other standards in terms of the height that they need to
provide, especially if there are mezzanine or other areas that they need -- that the
disabled may need to access. So, the size of the building is one argument that they
make. Generally, staff -- we think that there is some pretty good arguments to be made
that this is a unique land use for Meridian, in that likely theaters, we won't see more than
a few of these when the city builds out, based on most market -- most markets. So, I
guess one question for the Council to consider that we posed is are you comfortable
looking at this sign issue as one that this is a unique land use that if you say these
exceptions can be made for this, are you willing to see them granted in the future for
other theater uses. Another question, of course, that's raised is public safety along 1-84
and, of course, Overland Road, which is -- this would also be visible from Overland
Road westbound traffic. We generally find that the flashing neon could be a potential
distraction, especially for 1-84 westbound traffic, and we are recommending denial of
that portion of the variance request. But we would support the others. So, I think with
that Mr. Hallett, I think, has more detailed information for you.
De Weerd: Okay. Thank you, Brad. Any questions for staff at this point?
Bird: I have none, Mayor.
Donnell: None.
De Weerd: Okay. Thank you. Would the applicant like to come forward? If you will,
please, state your name and address.
Hallett: My name is Ray Hallett. I live at 3881 Juanita Road, Grandview, Washington.
De Weerd: Thank you.
Hallett: And just when you guys thought you were going to get by with nobody wanting
to give testimony tonight, here I am. Madam Mayor, Council Members, thank you for
considering our variance application. We'd also like to thank staff. We were really
pleasantly surprised to see that they were in concurrence on three of four requests and
he mentioned that's rare and I think that was very helpful to us, so on that basis I'm not
going to spend a lot of time talking about the things that the staff is in concurrence on,
but I will touch on them briefly. The reader board's an obvious theatrical thing. We
change our movies weekly and we need to be able to have changeable letters. For us,
double the amount of area with -- we have got to say Majestic, Majestic, Majestic,
Majestic every other section, so we think that in this particular instance that the intent of
the code is to make sure that you don't just end up with a big wall blasted with lettering
and so we think that we have provided evidence that you would have the ability to make
a finding that that was an allowed exception. Regarding the sign height, if you could go
one forward on that for me. This is an artist's rendering and one of three that we have
Meridian City Council
February 1,2005
Page 23 of 42
from three different sign companies and that's one reason we have applied for the
variance, is we want to know what we can actually commission from the sign company
before we come back with a sign application. So, we have three companies that have
given us proposals. One of them was courteous enough to let us show you their
rendering, but it is their proprietary work. The height of this building is 30 feet at the
point --
Donnell: There is a pointer right there in front of you I think.
Hallett: Okay. Here we go. The 30-foot elevation is this point right here and so if we, in
fact, kept the lettering off of this sign -- would you go to the next one, please? We'd
have to call the theater the Tic and we thought that the Meridian Tic probably just wasn't
as appealing as the Majestic. I'm being facetious, aren't I. At any rate, the remainder of
that height -- the remainder of that height we felt is in keeping with the look and feel of a
movie theater, because there is more to a movie theater business than just selling
wrenches and hammers. So, in keeping with the heights -- we have to remember this is
a 550 foot long building and we don't want to be put in a tiny little decoration on top of a
-- oh, they are with me. We are going out later. Don't worry about it. We want to make
sure that you recognize that a 550-foot long building, if we keep the lettering down to
the bottom 30 feet, it's going to be kind of condensed. Harry, you can just go ahead and
just have a chair anywhere. He's here to make sure that I put my big foot in my mouth.
Also, we'd like to point out to you that this is spacing to the east and that the freeway
traffic that's coming from the other direction, the westbound traffic, is over 2,000 feet
away from the front of the theater, until the last instant as it goes by. And regarding
Overland Road, we are about 450 feet to the property line, to the entrance of the
theater, and with the other buildings that are likely to follow shortly, the neon, actually,
will be rather difficult to see from Overland Road. So, regarding the signing, I will go
into that a lot more. The exposed lighting source is, actually, I think a technicality thing
in your code. I think it's actually geared more towards incandescent bulbs, but because
we wanted to make sure we really did everything by the numbers here, we did address
the fact that this is a direct lighting source, because we intend to use bare tube neon --
not florescent, this is bent tube colored neon within a channel letter and the way the
code is written, we would have to cut out a Plexi-glass face and put it on the face of the
letter, too, and it's really quite homogenous. We want to keep the theatrical experience
alive, because this is going to be a focal point.
De Weerd: We can tell.
Hallett: We believe really strongly in entertainment. Finally, if you could go back to the
first one there for me, Brad. -- is regarding the flashing lights., We ask for a specific
amount of light to be able to be flashing and this is a screen grab from the movie
Majestic of the same name with Jim Kerry and, actually, it's what made me name the
theater Majestic. While I liked Meridian, I thought it rolled well off the tongue, the
Majestic Meridian, but also I really like this. I remember the rush I got when I watched
this movie when they fired up the neon and that's one of the reasons I'm willing to open
my pocket book and put a bunch of neon on this theater, as compared to just plexi-glass
Meridian City Councii
February 1, 2005
Page 24 of 42
reader boards and -- as you might see in some other locations. The amount of neon
that we want to flash is equivalent to the amount that you see flashing right there.
Roughly 250 lineal feet of bent neon out of 4,000 lineal feet encompassing the entire
sign on the front of the building. So, on the grand scheme of things it's not going to be a
detriment to the freeway and it certainly will make a much more exciting experience for
the little kids when they are coming from the car and they are headed towards the
theater, they are not seeing a static building there. We want people to start salivating,
we want them wanting that popcorn, we want them to get in their seats and sit down
and have the best experience of their life. I'll tell you, I got in the theater business by
mistake. I was a department store manager and I escaped to the movies every Friday
night and it was terrible. It was so terrible I tried to lure somebody else into Walla Walla,
Washington, to build a theater and when they wouldn't build one, they said I'll sell you a
projector if you want to build a theater and I did and I did it for the escape, because for
that two hours we wanted the customer to be able to come in and see that bigger than
life screen, shut out the rest of the world, hopefully no cell phones ring, the dog doesn't
bark and nobody comes to the door and you can live that picture during -- as part of
your life. And we think that begins in the parking lot. So, we hope that you will find your
way to give us this exception. We do think it's an exception that doesn't necessarily
have to ripple throughout. On that same vein, I would point out that the Eiffel Tower
wasn't wanted in Paris when it was erected, it was going to -- it was supposed to be
demolished after ten years and only radio saved it, but where would Paris be today
without it? The space needle didn't really fit into Seattle's dreams either, so let's just
kind of consider this as maybe a one of a kind thing, if you can find it within your grand
scheme. And in closing I would point out that your Comprehensive Plan does give you
the latitude to make exceptions to things like this. In fact, you state a goal of not
wanting to be a bedroom community and to do that you need to be more than a
bedroom community and the neighbor to the east, unnamed neighbor to the east, does
have flashing signs in certain situations. Wings is a good example that just went up at
Overland and Cole Road, if you want to see an example. A modest amount of moving
neon and that's what we are really looking for here, so, hopefully, that answers your
questions.
De Weerd: I'm sorry, Council.
Hallett: He and I are going out later. Don't worry about ET.
De Weerd: ET is so cute.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I don't have a question for Ray, but I do have one for the chief of police. What's
this flashing going to -- in your official opinion, what do you think that would do with the
interstate, the westbound interstate, being 2,000 feet away? 1--
Meridian City Council
February 1,2005
Page 25 of 42
De Weerd: We are asking our Mickey Mouse fan over here.
Bird: Yeah.
Musser: Madam Mayor, Members of the Council, Councilman Bird, given that we have
a number of reader boards currently down at Eagle and the interstate area, even down
towards Meridian and 1-84 that are rather bright when they come on, I don't think this
would be anymore of a visual hazard than what some of those others are with the
brightness that they flash out. As long as we are not running a movie on the front of the
large building we will probably be okay and folks will continue to drive somewhat the
way they do already, but I really don't think that the -- that the lights would have that
much of an impact overall. It will make another visual item that does probably pull some
attention that direction, but, obviously, that's part of the reason for the sign board in the
first place is to let people know that the theater is there.
Bird: Thank you, chief. Thanks, Mayor.
Nary: Madam Mayor?
De Weerd: Mr. Nary.
Nary: Another thought. When I talked with Brad this afternoon, obviously, that looks a
lot less than the wings that are at the airport, so I don't know that it's going to be that
distracting, but the concern that staff had -- and I think that part of the reason in the
staff's report, the concern about -- about some of these variances is because of trying to
balance a unique use that the theater brings to this use, but versus the requirements of
the ordinance, and I guess from a legal perspective, my only concern is we have a lot of
other property along the freeway that may want to seek this same type of exception and
they are going to use this theater as a base to say that they need the same type of
signage or they need the same type of neon or flashing and the like and what the
Council can certainly do -- and I didn't discuss this with staff, but they can certainly
identify those unique uses, like a theater, as exceptions to our sign ordinance, as
direction from this Council to try to craft that into our ordinance and as a way that we
aren't going to readdress this legal issue over and over again with other businesses, but
if the Council feels strongly that there is a uniqueness about this, the staff and -- from
Planning and Zoning and our office can certainly work to try to find ways to craft that
into our new Planning and Zoning ordinance, so that it can remain unique and we aren't
granting an exception that we are going to have to address time and again.
De Weerd: Thank you, Mr. Nary.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Mr. Nary -- can I ask Mr. Nary?
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February 1. 2005
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De Weerd: Uh-huh.
Bird: Mr. Nary, if we, in passing this, was to state that this was a one time for this
application only until we get that changed, would that -- would that clear us in not setting
a precedent?
Nary: Madam Mayor, Members of the Council, Councilman Bird, I mean it is a variance
that they're requesting, so I -- that's being requested and if you grant that -- I mean
every application is still unique. My only concern is is that, you know, someone else is
going to come along and say, well, we are unique as well. I don't think whether you put
it in this as a one-time thing -- all variances are one-time things anyway. So, I don't
think that's probably necessary. I just think if we can figure out a way for both Planning
and Zoning and my office to craft that uniqueness into our code, we can probably figure
something out. I certainly think that this is not something that hasn't been addressed in
other communities as well and I agree with Mr. Hawkins-Clark, that realistically in the
nature of the movie business, you know, we aren't going to see a tremendous amount of
other theaters in our city, even at build out, but if we want to identify that unique type of
use and the signs that go along with it, we can certainly do that.
De Weerd: And I'm sure you probably won't see too many unique theaters on the
freeway, so you can even narrow it down further. Any other questions?
Donnell: Madam Mayor?
De Weerd: Mrs. Donnell.
Donnell: Not a question of the applicant, but a question for the Council, and that is that
when the theater was approved for that -- I mean that was approved in terms of its use,
it seems that the understanding would be that they would want to have it look like most
all other theaters that I can think of in this area that are probably bigger and more
brightly lit than even this one may be. So, I guess my thinking is that if that is -- was the
intent of the Council prior to me getting on that, this was an appropriate use for that
piece of land, then, I think it also ought to be allowed to also have the same kind of
marketing features that other theaters do. Just a comment. Thank you.
De Weerd: Thank you.
Wardle: Madam Mayor?
De Weerd: Mr. Wardle.
Wardle: And just to address that, this specific application as a building didn't come
before the Council, it was an allowed use within the zone. It came for a one time lot
split and so we didn't see building elevations and this is the first opportunity we have
had to see those building elevations. I'll justice toss my personal sentiment out. I can
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February 1, 2005
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make pretty much the same findings that the staff can make, I can make -- I understand
the need for the reader board and the need not to -- to include other signage included in
that to make the neon -- the exposed neon versus covering it with a Plexi-glass.
Personally, I think it looks good. The height restriction, the building's already there, I
just can't make the stretch to allow the flashing sign and so my -- there are a number of
issues for me, safety being not the most important of those, but also a precedence
setting. So, those are my thoughts.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I'll give you my -- I'll give you my thoughts. I -- after the chiefs expert opinion and
having flashing lights across the street at the Eagle deal, I don't see any problems with
them. You're not -- I don't believe, other than theaters, like their competitors, and they --
of course, none of them face a road, their entryways don't face a road, but I don't see
any objection -- I'm one Councilman that don't see any objection to this. I don't think it's
going to affect the traffic. I think it's something that at their location that they definitely
need. So, I would have to be in favor of all four variances.
De Weerd: Okay.
Hallett: Is your public hearing still open?
De Weerd: Yes, it is.
Hallett: Shaun, I'd just like to point out to you that one thing is that this sign actually
won't face the freeway and so you might be able to wrap yourself around that a little
better if you consider it more like the Universal Studios city walk environment or a more
internal function, that this is actually -- you know, if we had built four theaters here, all
facing a giant central parking lot, your ordinance still doesn't allow flashing light, even if
it's not visible anywhere off the property. So, it might be that you want to consider -- if
you're making modifications to the code in the future, that, you know, some signs that
could be considered exterior signs wouldn't necessarily be as in your face as if we had
turned this right to the freeway, for example, or if we were putting the flashing neon on
the freeway on a building, which we are not. And we certainly welcome if you wanted to
put a restriction on there that the -- any flashing portion had to be confined to the main
entrance and within that main entrance part. We are not out to try and trick anybody,
but -- it might help you with that anyway, to just think about a -- if you have been to
Universal Studios city walk or one of those places, they become an environment to
themselves and we hope that's what this will become with the restaurants that are likely
to come around that will ring the theater, hopefully. Do you have any questions?
Donnell: Madam Mayor?
De Weerd: Mrs. Donnell.
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February 1, 2005
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Donnell: Since it is right across from Mountain View High School -- isn't that right?
Hallett: It's at the end of the road that serves it, yes.
Donnell: I could probably -- I could support all four and this is -- I mean all four requests
for variances as well, as long as you turn in any high school kids that are going to the
theater -- to any kind of matinee --
Hallett: We will be watching for them, okay?
De Weerd: Well, I just wanted to make the comment we are glad you heard -- I heard
the applicant say the Meridian Majestic, because I see they are in the Boise Valley
Commons.
Hallett: I think that's changing. You're going to hear about that tonight.
De Weerd: Thank you. This is a public hearing. Is there anyone else who would like to
provide testimony on this application? ET or Harry or --
Bird: Who is that one out there? The little cute one?
De Weerd: Oh, Darth Vader.
Bird: No. No. This -- the little cute one here.
De Weerd: ET.
Bird: That's ET. Well, you guys, it's out of my generation. She is cute. 1--
Donnell: That's a he.
De Weerd: Or an it. If there is no further testimony and no additional information from
applicant or staff?
Hawkins-Clark: Madam Mayor?
De Weerd: Yes.
Hawkins-Clark: If I could just make one comment on the -- if the Council moves
towards approval, I think one option -- I guess we'd like to throw out here -- and this was
brought up by the chief as well, is possibly considering a -- having the lights themselves
be more subdued -- you know, a cool color, rather than if you just say flashing of any
color as you're traveling, sometimes, you know, the brighter, more harsher light colors, if
you will, will stand out more than cooler colors that could blend with the parking lot lights
or other freeway lights, etc. That's just a thought to consider in terms of the way that the
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February 1, 2005
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actual coloring of the lights, having, you know, cooler tone to them, rather than bright --
like what is portrayed here, which I don't think -- you know, our code doesn't regulate on
the color, so if it's something that, you know, that you want to add, I think it would need
to be discussed as a part of this application.
De Weerd: I appreciate that. Mr. Hallett, do you have any comment to that? You
would need to come --
Hallett: Because we have three proposals before us in the final design -- Brad, if you
want to flip to the end, you will see -- this is one design that would be flashing the
Majestic. And this was from a competing company and it might be the gold section
there that might go in and out or something. We have three proposals and because we
didn't know if Council was even going to consider the flashing, we haven't addressed it,
but we are going to do something tasteful and we would take those considerations and
certainly not make something that's going to became an annoyance to the people on the
freeway. That's -- we don't want to annoy people, we want to make people happy.
That's our whole business.
De Weerd: I guess I do have a question as to the lighting. What are the hours or --
Hallett: Neon goes off, typically, about 10:30, 11 :00 o'clock at night and comes on at
dusk, whenever that happens to be.
De Weerd: Okay.
Hallett: Parking lot lighting usually stays on until about 1 :00 a.m., but that's a separate-
- that's just down-lighting.
De Weerd: Okay. So, if they put the stipulation of a cool color, you could operate within
that?
Hallett: That's a subjective thing. I'm kind of -- you know, it's like somebody saying I
like warm and fuzzy. I don't really know what those are. So, if they are saying cool
colors as in --
Donnell: Blues and greens.
Hallett: Red and greens?
Donnell: Blues and greens.
Hallett: Blue and greens.
Donnell: Are cool colors.
Hallett: I see.
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February 1,2005
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Donnell: Reds and pinks and --
HaUett: You know, it just depends on how it looks in the overaU scheme of things, I
guess. I haven't got the colors of the remainder of it nailed down yet. We envision in
our other theaters the red and the blue up above is two separate red and blue tubes that
end up merging with your eye and making magenta. If you have been by the Nampa
theater, they use the same technique. It's a red tube and a blue tube. And that's what
we envision the peacock back would be and whatever flashes at the bottom would
probably be some complimentary color to that. It might be a different shade of red in a
V and, then, I think on the flashing one had pink -- pink and green or something. I just
don't want it to look like it's clashing, you know. So, for me to pick those now is kind of
awkward. But I can tell you I will give you my word I will use my best efforts to make
sure that it's not going to be something that will be an in-your-face color, it will be
harmonious with the remainder of the signs. Complimentary? How is that? Blue is a
terrible color, because the human eye doesn't like it and if you go look at the Holiday Inn
Express tonight, you will see the short wave length, the eye doesn't like it and it makes
a real broad thing and causes more glare. So, what -- we avoid the blue by itself for
that purpose. But -- I mean we are at your mercy.
De Weerd: Thank you. Okay. If there is no further testimony -- Harry or Henry -- what
is his name? Harry. Okay. I think he's got an itch that he needs -- if there is no further
testimony, we could --
DonneU: Madam Mayor?
De Weerd: Mrs. Donnell.
Donnell: I'd like to make a motion that we close the Public Hearing.
Rountree: Second.
De Weerd: Okay. AU those in favor say aye. All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
Donnell: And Madam Mayor?
De Weerd: Mrs. Donnell.
Donnell: I'd like to make a motion that we approve the variance request to the sign
ordinance VAR 04-007, for aU requests, aU four of the requests, and we would request
that the applicant would work with staff in terms of the colors when they are at a point of
choosing colors.
Bird: Second.
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February 1, 2005
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De Weerd: Okay. The motion is to approve the request on Item 13 and, staff, is it
appropriate to be more specific on the use or -- Mr. Nary.
Nary: Madam Mayor, just -- if the Council wishes to -- in conjunction with this motion, to
also direct staff -- Planning and Zoning and legal staff, to work on some ordinance
amendments that deals with the particular use of theaters and the signage surrounding
the theaters in conjunction with our sign ordinance, that might get away from it being
just this one unique time, so --
Donnell: The maker of the motion would agree that that could be added.
Bird: Second agrees a hundred percent.
De Weerd: Okay. Thank you so much. Okay. The motion is to approve Item 13. Is
there any further discussion?
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I guess I can agree with most everything that I have heard, but we will
establish a precedent and we will legitimize, at least in my mind, the flashing aspect of
this sign and we have other signs in the community rather close to this particular
location that have been kind of a sore point with the Council and past councils and the
community and for that reason I can't -- I can't, in my own mind, see that there is
support for a variance for flashing lights. I can see a support for a variance for signage
for this establishment, because, certainly, they do need signage to get folks in the
mood, if that's, in fact, what signage does. But I can't support a motion for the entire
thing. I also support the portion of the motion that directs staff to look at our ordinance
and try to resolve some of these issues, but I would not be voting in favor of this
particular motion.
De Weerd: Thank you, Mr. Rountree. I guess I would offer that the flashing portion of
this is far below what happens across the street.
Rountree: I don't disagree, but it's there.
De Weerd: Okay. Thank you. Mrs. Green, will you call roll.
Roll-Call: Bird, yea; Rountree, nay; Wardle, nay; Donnell, yea.
De Weerd: Aye. Okay. Motion carried.
MOTION CARRIED: TWO AYES. TWO NAYS. MAYOR AYE:
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February 1,2005
Page 32 of 42
Item 14:
Public Hearing: PP 04-042 Request for Preliminary Plat approval of 18
commercial building lots on 33.1 acres in a CoG zone for Boise Valley
Commons by Boise Valley Commons, LLC - 2200 East Overland Road:
De Weerd: Item 14 is Pubiic Hearing PP 04-042. I will open the Public Hearing with
staff comments.
Hawkins-Clark: Thank you, Mayor, Members of the Council. As I mentioned in the last
application, this preliminary plat is the same property, generally speaking, 33.1 acres,
already annexed and zoned in the city limits. They are proposing to subdivide the
property into 18 commercial building lots. As you can see, there is a small little out
parcel that's in Ada County today here on Overland Road and the larger parcel and,
then, this Y-shaped parcel. So, there are three county parcels and, then, I think, as was
noted by Councilman Wardle, there was a one time lot split that was granted for the
theater just a couple of months ago. It's not reflected on this map. You can get a little
bit of a sense on this aerial for the surrounding uses. Mountain View High School is
located here in Resolution Subdivision. Several other buildings are also built and
operational today on Overland Road across from this. The plat proposes to extend the
two public streets that are in Resolution Subdivision, Millennium and Celebration, into
this site and, essentially, create a public street loop. Then, they would also have private
driveways, essentially, that have cross-access agreements that would loop around on
the north side of the public street through the project in that fashion there. The property
is currently serviced with a number of utilities. There are a number of easements on the
site, a few of which they are proposing to vacate. Idaho Power has an easement here.
As I think I mentioned earlier, ACHD also has an easement that was originally designed,
I believe, to handle some Overland Road runoff. They have been -- the applicant has
been working with ACHD on that and a potential shifting of where that storage would
take place. Speaking of ACHD, their commission did review this application on January
12th and did recommend approval of it. They found approximately 12,000 new vehicle
trips would be generated by the site at build out. There are some details in their report
about the signals that would be constructed and a little bit of rearranging on the signals
that would serve the site and how that would serve pedestrians, et cetera. The
Planning and Zoning Commission did recommend approval of the application. There
were two people that testified at that hearing, Ray Hallett and Gene Schaffer, both
testifying in favor. No other public testimony was provided at that hearing. The main
discussion focused on the fire department and their request for private streets and that
was largely based on signs and -- and their concern about knowing which building once
-- if they get a call, exactly which building -- particularly these ones that do not have
public frontage on a street in the back, what their addresses are. So, there would be a -
- they have requested if -- if you go with this as proposed, there would be signs --
basically two signs that would have consolidated display of the addresses with, you
know, kind of maybe a map kind of directing a driver of an engine, so they know better
where to go. And that has been added as site specific condition number 12, those
monument signs at both ends of the 30-foot wide access loop. I think that was really
the main new condition that the Commission added. I think we have included other
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February 1, 2005
Page 33 of 42
conditions from -- from the fire and Sanitary Service Company. Standard landscaping
easements have been proposed and shown on the plat and, as I mentioned, I think the
Planning and Zoning Commission is recommending approval and I was just going to
see if there was any other slides to look at, but I guess not. So, I think I will just end
staff comments there.
De Weerd: Thank you, Brad. Any questions from Council?
Bird: I have none, Mayor.
De Weerd: Okay. Would the applicant like to come forward? If you will, please,
restate your name and address.
Hallett: My name is Ray Hallett. I live at 3881 Juanita Road, Grandview, Washington.
De Weerd: Thank you.
Hallett: I'm one of the co-applicants in this process. I'm general manager of Land Star
Northwest, LLC, which owns approximately 14 acres of the 33 acres and my Co-
applicant, Kevin Knighton, owns the remainder of the property through an LLC. I
believe that staff's report covers most of the issues regarding this. It's, fairly straight
forward. But we do have one special thing that we need to ask you about today,
because we are up against the proverbial rock and hard place. As it now stands, there
is a bamboo curtain right here that comes up and across and up this line to right there
and up, which allows us to build -- city staff has only allowed to review the water and
sewer -- correct me if I'm wrong on this, please, because I'm going to screw this up and
get my big foot back here. Only on the theater's portion that will service the theater, so
the theater can open three -- three months and two weeks from tonight. Tomorrow
night. My mistake. But the water-sewer line extensions and the road extensions and
the electrical back bone all have to go in as an integrated package. Kevin and I are
sharing these on a prearranged split as part of our purchase agreement. So, there is
going to be a dramatic economic waste here if we are not allowed to go ahead and put
the electrical and sewer back, which will follow the pointer. It goes up this street, comes
to this point, water and sewer lines come up to this point with hydrants and things
coming off, comes across the top on the private access easement, back down to here
where it stubs to service the property to the east in the future and, then, back out to
where it reconnects out here. That gives us water line looping for fire protection and the
sewer access to all the parcels. Our problem is that we have all also got a ditch -- an
irrigation ditch from the Nampa-Meridian Irrigation which runs currently through the
middle of these parcels and meanders across and ends up right there -- right there,
which will be rerouted with a new tile pipe as part of the project right here. There is two
drain ditches, one which starts here, meanders down that way and went off this way and
ended up there, and another one which starts out down the, property line in a straight
line to about here and, then, meanders across. Those all have to be relocated by
March 15th when the irrigation season starts back up again. So, this has put us in the
conundrum of if we go in and put in the electrical back bone to service the theater now
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February 1, 2005
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and service these irrigation issues, then, we are going to have to put water and sewer
lines underneath all these electrical feeders that were put in ahead of time. It's not an
efficient way to do the construction. So, my special request -- I'm full of requests
tonight. Sorry. My special request is that if it's within the Council's power to permit staff
to review the electrical utility back bone of the entire site, so that we can mobilize on
that -- we are ready to mobilize on it literally tomorrow. We have been standing by just
waiting for this hearing to try and get some backing from Council to allow us to get that
in there. And staff does not have the authority to do it, only you have the -- apparently
the authority to do it. So, as part and parcel of this, I'm hopeful that you will allow us to
get that water and sewer line construction started and the two -- three irrigation lines
started, because we really are between that rock and a hard place. We are running that
entire construction project off of 25 generators, because the electrical power has to
come from here and as part of the, quote, Boise Valley Commons project, has to come
over to a switch box here, which, then, the theater service would be -- come off and
would come up and around and to the back back here. It's more than just the chicken
and the egg. And regarding Boise Valley Commons, I believe that the project has
officially been renamed to Majestic Marketplace, so Boise Valley Commons is no more.
It's Majestic Marketplace.
De Weerd: Thank you.
Hallett: Still documentation, but -- other than that, I can tell you only that, you know,
CSHQA has worked very hard to get all of the ducks in a row and if you thought it was
fast to get back the final plat with the one earlier tonight, I hope we are going to be
duplicating that, because I'd like to get us back here for that final plat. It really is
imperative for the theater's opening that we get all that stuff tied up as quickly as
possible and with only six weeks now between the deadline that Nampa-Meridian has
set for us to have all the irrigation work done and, then, the underlying sleeving of the
water and sewer lines, we really are up against that rock and a hard place. I'll answer
any questions you have, if you have any about that.
De Weerd: Well, we just hope to have water to put in those ditches. We need some
snow.
Hallett: I'm sorry, you will have to blame that on my wife, because she's been praying
no snow for the last eight weeks because of our construction project, but I told her she
can call it off now.
De Weerd: Thank you. Council, any questions?
Bird I have none.
Donnell: None.
Wardle: Madam Mayor, the only question I have is of the applicant's request, just to
turn to Brad.
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February 1, 2005
Page 35 of 42
Watson: Madam Mayor and Council-members, Councilman Wardle, I can certainly
empathize with Mr. Hallett, I guess much in the same way I have empathized with
dozens and dozens of developers over the years. We read a certain section of our
ordinance to say that improvements cannot be made until Council approves the final
plat and that has been the way it has occurred in the nine years I have been here. So,
that's what our staff has told the applicant. The normal process is once a preliminary
plat is approved and they submit their final plat application, those plans come with that
application and we start review. Normally these days, especially of a project that is this
profile, those plans are approved and ready to go out the door to DEQ the day after you
approve the final plat. As far as the irrigation is concerned, those plans -- every spring
we run into this and we have granted quite a bit of flexibility on tiling those ditches, so
that they can meet those deadlines. This is a subject that has come up in the PIG
groups. They always want to go to construction prior to final plat. I guess I would be
cautious and maybe you need to draft an ordinance that makes this a special exception,
along with the signage. If we allow construction of a subdivision prior to your approval,
everyone is going to want to do this. I mean everyone wants to do this now. So, it's my
interpretation this is an ordinance and would require a variance, but maybe Mr. Nary
could speak to that.
De Weerd: Mr. Nary.
Nary: We had this discussion earlier today, Madam Mayor, Members of the Council,
certainly the Council generally has the authority to grant variances for ordinances, but
you can't just waive the conditions of the ordinance, and I think that's -- you know, that's
a process as well and I understand from at least the testimony of Mr. Hallett given
tonight, that the process to even seek a variance to allow that or a waiver of that
requires a public hearing, too. So, I don't think time-wise that really a variance is
probably the way to go in this particular instance. But I think Mr. Watson is right, that
certainly this city and this Council has seen numerous applicants who would like to be
able to begin the process prior to final plat approval and I think the staff has worked very
hard to shorten those time frames as much as reasonably possible to do that. But I
don't think you can waive the conditions of the ordinance without a variance request.
De Weerd: Thank you. Any further questions? Okay. Any final comments from the
applicant? Or is there any public testimony? Thank you. If you will, please, state your
name and address.
Schaffer: My name is Gene Schaffer. I work at 250 South 5th in Boise. And I have
been sworn in.
De Weerd: Thank you.
Schaffer: The one item that I did want to mention here, first of all, is in regards to the
name of this subdivision. It was as presented Boise Valley Commons. It will be
submitted as a final plat under the name Destination Place Subdivision, which has been
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February 1, 2005
Page 36 of 42
approved by the county. The marketing name will be Majestic Marketplace. That will
be, the branding, so that people really recognize it. But it technically will be submitted to
you as Destination Place. I would like to basically just address part of Ray Hallett's
request and that is in regards to the ability to review the documents. We do have them
complete and can provide them tomorrow to the city for review, having preliminary
comments incorporated already. They would be able to go in and at least give the
developers the opportunity to be able to have the project bid and be able to put in
whatever necessary improvements that need to be put in for the theater. The big issue
that everybody has right now is just the question of is there a methodology where the
developers could, in fact, put up a letter of credit or something like this, which might be
able to protect the city in regards to the improvements that they might be able to put in
ahead of time that would protect the Council relative to any construction going on prior
to the final plat. If we wait on final plat, I would believe that the process is going to be
six to seven weeks out -- something like six to eight weeks is probably what I'm thinking
before the final plat can be approved and a lot of the work and the time frame necessary
would be gone and it's not that we are asking the Council to approve the work or
approve the documents, but rather to just allow us the opportunity to work with staff to
verify that we are providing what they are requesting, so that the developers can take
the gamble themselves, if you will, but if they go ahead with any construction, that it
must, in the end, be constructed per the final plat requirements. Thank you.
De Weerd: Okay. Any questions, Council?
Bird: I have none, Mayor.
De Weerd: Okay. Is there any further testimony? Okay. Mr. Wardle?
Wardle: Madam Mayor, just a question for Brad and the applicant's comments. They
are asking for a review, not approval -- or maybe just a cursory review. Is that -- is that
something that's outside the scope of what we can allow?
Watson: Mayor, Council-members, Council-member Wardle, as I stated previously,
those plans could be turned loose the day after you approve the final plat, whether we
accept them now or in two weeks with their final plat application or whenever they
propose to approve it. I can 99 percent guarantee they will have a letter from me the
day after final plat approval. So, I guess if you want us to accept these plans now, it's
with the understanding that we reallocate a staff member from projects that are
following the correct order for the next couple weeks, rather than -- and that's fine, I'll do
whatever your direct me to do, but that letter that I write to DEQ that approves that
project that allows DEQ to begin review is going out the same day regardless, no matter
when we accept them, so --
Wardle: Thank you, Brad.
De Weerd: Thank you. Any further questions?
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February 1, 2005
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Bird: I have none, Mayor.
De Weerd: Any last comment from the applicant? I think they call it rebuttal.
Hallett: Or a question, because now I guess I'm confused. I heard that tonight you had
a plat that went from preliminary to final in three weeks; the one that you said had gone
through so quickly. And I just heard Mr. Schaffer say that ours is likely to take six
weeks and I guess my question is did I miss something? Is it possible that, for example,
if we turn in our documents tomorrow, are we actually starting a six week or eight week
process or is it literally something that could happen as short as three weeks?
Hawkins-Clark: Mayor, Council-members, the Planning and Zoning Department is the
one that accepts final plat applications. We have been directed to put them on a City
Council agenda, assuming they are complete per the checklist, three weeks from when
we deem them complete. If Mr. Schaffer -- I'm not sure what the six weeks was
referring to. I mean that's normal that once we get an application it is three weeks to
when it will be on a City Council agenda. I think one difference is that we normally have
two weeks from -- if you close this hearing tonight and you recommend that staff
prepare findings, you know, that's normally two weeks before that's on your next
Consent Agenda. So, if -- you know, maybe that's a time frame that you -- we do
probably have more flexibility within our department than Public Works does in their
review, that we could, if directed, rather than wait until the findings are adopted, you
direct us to allow them to process the final plat application before findings are adopted
and I guess maybe that's --
Hallett: Then, conceivably, we could be back here in three weeks, conceivably.
Assuming our documentation is already to come in tomorrow morning, if that was
possible. I'm just saying it's possible. I just wanted to make sure I understood, because
I got mixed signals there. Thank you.
De Weerd: Okay. Council, I would entertain a motion.
Rountree: Madam Mayor, I move we close the Public Hearing on Item 14.
Bird: Second.
De Weerd: Okay. The motion is to close the Public Hearing on Item 14. All those in
favor say aye. All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
De Weerd: Any discussion? I would entertain a motion.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Meridian City Councii
February 1, 2005
Page 38 of 42
Rountree: I move that we approve Item No. 14 for the preliminary plat for PP 04-042,
subject to staff comments and not directing staff to go against current ordinances, but to
assist the applicant in the process to see if there are ways to expedite to getting the final
plat back to the Council in a not unrealistic period of time, but one that's doable.
Wardle: Second.
De Weerd: That's an interesting motion.
Rountree: Six weeks might be doable. I'll leave it to staff.
De Weerd: Okay. The motion before you is to approve Item 14. Is there any further
discussion or clarification needed? Staff, do we understand what that motion said?
Okay. Ms. Green, will you, please, call roll.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea.
MOTION CARRIED: ALL AYES.
De Weerd: And I'm sure the applicant understands what that motion said.
Rountree: It could be three weeks or six week.
Item 15:
Public Hearing: VAR 05-001 Request for a Variance for a time
extension for the approved Conditional Use Permit for Stonebridae
Business Park by Falash & Ross Construction, Inc. - 150 South Adkins
Way:
De Weerd: Okay. Thank you. Okay. Item 15 has a request in front of you to -- I
believe it has been withdrawn. Mr. Nary, do I need a motion on this?
Nary: Madam Mayor, I think the staff report indicated that they probably should not
have accepted this particular request and so since it's not properly before you, I don't
know that there is really a necessity to do anything else with it, so --
De Weerd: Okay.
Rountree: It's withdrawn.
Item 16:
Water, Sewer, & Trash Delinquencies:
De Weerd: Okay. Okay. We will go ahead and move to our delinquency turnoff list.
It's shortened.
Meridian City Council
February 1, 2005
Page 39 of 42
Nary: Madam Mayor, Members of the Council, it was actually not compliant with the
Meridian City Code. This particular version is compliant with the Meridian City Code, so
De Weerd: Well, thank you. Pursuant to Meridian City Code 9-1-2-1, delinquent water
users shall have a right to request a pre-termination hearing prior to water service being
disconnected. No water users having requested such pre-termination hearing for
February 1st, 2005, water service for the attached turnoff list will be terminated on
February 2nd, 2005. The total amount of the turnoff list is $35,955.23. Council, do I
have a motion to approve the turnoff list?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we approve the turnoff for February 2nd, 2005, in the amount of
$35,955.23.
Rountree: Second.
De Weerd: The motion is to approve the turnoff list. Ms. Green, will you, please, call
roll.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea.
MOTION CARRIED: ALL AYES.
Item 17:
Ordinance No. 05-1129 AZ 04-019 REVISED Request for
Annexation and Zoning of 64.48 acres from RUT to R-8 zone for Ventana
Subdivision by G.L. Voigt Development Company - north of West
McMillan Road and North Meridian Road:
Item 18:
Ordinance No. 05-1130 AZ 04-030 Request for Annexation
and Zoning of 1.8 acres from RUT to a CoG zone for Southern Sprinas
No.3 by The Land Group, Inc. - east of South Meridian Road and south
of East Overland Road:
De Weerd: Thank you. Okay. I would go ahead and ask the Deputy City Clerk to read
Ordinance 05-1129 and 05-1130, representing Item 17 and 18 by title only.
Green: Thank you, Madam Mayor, Members of the Council. Ordinance No. 05-1129,
an Ordinance AZ 04-019, aka Ventana 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-8, medium density, in the Meridian City
Meridian City Councii
February 1, 2005
Page 40 of 42
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 a summary of the ordinance and providing for a waiver of the
reading rules and providing an effective date.
Green: Ordinance No. 05-1130, an Ordinance AZ 04-030, aka Southern Springs No.3,
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 CoG,
general retail and 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 a summary of the
ordinance and providing for a waiver of the reading rules and providing an effective
date.
De Weerd: Thank you, Ms. Green. You have heard these ordinances read by title only.
Is there anyone who would like to hear them read in their entirety? Hearing none, I
would entertain a motion.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move that we approve Ordinance No. 05-1129 and 05-1130, with suspension of
rules.
Rountree: Second.
De Weerd: Okay. The motion is to approve Items 17 and 18. Hearing 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 19:
Senator Crapo Letter:
De Weerd: Thank you. Item No. 19 is the letter there in front of you to Senator Crapo's
office.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Meridian City CouncIl
February 1, 2005
Page 41 or 42
Bird: This is a very very nice letter, which I can support one hundred percent and I hope
the whole Council can, so I would move on that that the Mayor and Council signs this
letter and we get it sent out.'
Rountree: Second that.
De Weerd: Okay. The motion is to sign the letter in front of you. Is there any further
discussion? Hearing none, all those in favor say aye. All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
Item 20:
Executive Session:
De Weerd: Okay. I will pass that down. Okay. Item 20, is an Executive Session.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I move that we go into Executiye Session to discuss personnel issues.
Donnell: Second.
De Weerd: Ms. Green, will you, please, call roll.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea.
MOTION CARRIED: ALL AYES.
De Weerd: We will adjourn into Executive Session.
EXECUTIVE SESSION:
De Weerd: I will accept a motion to come out of Executiye Session.
Bird: So moved.
Rountree: Second.
De Weerd: All those in favor say aye.
ALL AYES. MOTION CARRIED.
De Weerd: No decisions were made. Would entertain a motion to adjourn.
Donnell: So moYed.
Meridian City Council
February 1, 2005
Page 42 of 42
Bird: Second.
De Weant All those in favor say aye.
ALL AYES. MOTION CARRIED.
MEETING ADJOURNED AT 9:46 P.M.