HomeMy WebLinkAbout2019-06-09 RegularMeridian City Council July 9, 2019.
A Meeting of the Meridian City Council was called to order at 6:03 p.m., Tuesday, July
9, 2019, by Mayor Tammy de Weerd.
Members Present: Tammy de Weerd, Joe Borton, Luke Cavener, Genesis Milam, Ty
Palmer, and Anne Little Roberts.
Members Absent: Treg Bernt.
Also present: Chris Johnson, Bill Nary, Warren Stewart, Tracy Basterrechea, Charlie
Butterfield and Dean Willis.
Item 1: Roll-call Attendance:
Roll call.
X__ Anne Little Roberts X _ _Joe Borton
X__ Ty Palmer ___ Treg Bernt
__X___Genesis Milam __X___Lucas Cavener
__X__ Mayor Tammy de Weerd
De Weerd: Okay. Thank you for waiting. We're a few minutes late, but we apologize.
For the record it is Tuesday, July 9th. It is three minutes after 6:00. We will start with roll
call attendance, Mr. Clerk.
Item 2: Pledge of Allegiance
De Weerd: And I would like to welcome our Boy Scouts. Hope -- you must be earning a
merit badge. Well, good luck with that. Thank you for joining us.
Johnson: Madam Mayor, there are actually two earning a merit badge.
De Weerd: All right. Well, I'm sorry I didn't recognize that. Well, thank you for joining us
and good luck with that. Item No. 2 is the Pledge of Allegiance. If you will all rise and join
us in the pledge to our flag.
(Pledge of Allegiance recited.)
Item 3: Community Invocation by Virgil Saltz of Meridian First Baptist
Church
De Weerd: Okay. Item 3 is our community invocation. Tonight we will be led by Virgil
Saltz. Thank you for joining us. I will ask that you join us in the community invocation or
take this as an opportunity for a moment of reflection. If you will step up to the podium.
Saltz: Thank you.
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De Weerd: Thank you.
Saltz: And let's pray together. Father, we are thankful that we can come to you for wisdom
and direction. We pray for Pastor de Weerd and -- and the Council here this evening and
each citizen of the beautiful state -- or City of Meridian. We thank you, Lord, for the
businesses that are here and the schools and all of the things it takes to make a
community work. We just pray that you will give wisdom and direction to this meeting
here this evening and have your way in each heart and help each one of us to look to you
for the wisdom and direction that we need in our own lives. Thank you for your faithfulness
and thank you for America and pray that you will just help us to be good citizens for your
glory, in Jesus' name, amen.
De Weerd: Thank you so much. Mr. Clerk, can you give Virgil one of our City of Meridian
pins and while you're doing that maybe hit both of our city -- our Boy Scouts, too. Virgil,
if you could, we do have a City of Meridian pin. We appreciate you joining us.
Item 4: Adoption of Agenda
De Weerd: Item No. 4 is adoption of the agenda.
Cavener: Madam Mayor?
De Weerd: Mr. Borton.
Borton: I move we adopt the agenda as published.
Cavener: Second.
De Weerd: I have a motion and a second to adopt the agenda as published. All those in
favor say aye. All ayes. Motion carried.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
Item 5: Announcements
De Weerd: Item 5 under Announcements is a busy summer. We do have a couple of
things going on. Playing in the Plaza every Thursday starting at 5:00 p.m. here in the City
Hall Plaza. City 101 is beginning -- kicking off on Thursday, the 11th. It goes from 5:30
to 8:00 here at City Hall and the first section is Police and Fire -- or Parks and Fire. The
Fire Department has their promotional ceremony this week on Thursday, the 11th, at 6:30
at the Public Safety Training Center and, of course, we have our weekly movie in Settlers
Park, the Sparklight Movie, and that begins at dusk -- dusk and Main Street Market on
Saturdays. So, invite you to partake and, hopefully, see you at one of these community
events. Anything else under announcements?
Item 6: Future Meeting Topics - Public Forum (Up to 30 Minutes Maximum)
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De Weerd: Okay. Mr. Clerk, any signups under Item 6?
Johnson: Madam Mayor, there are no signups.
Item 7: Action Items
A. Final Plat Continued from June 11, 2019 for Cherry Blossom
(H-2019-0064) by Doug Jayo, Jayo Land Development
Company, LLC., Located at 615 W. Cherry Ln.
De Weerd: Thank you. Item 7 under Action Items, our first Item A, the applicant has
requested to continue to July 16th and they are still working on -- working out some of the
things that are delaying this. They hope to be able to address those next week. If I could
ask for a continuation -- a motion to continue I would appreciate that.
Cavener: Madam Mayor, just a question and --
De Weerd: Mr. Cavener.
Cavener: Do you recall -- even though planning staff isn't here tonight, but do you know
how many times this has been requested to be continued?
De Weerd: I think this is the second continuance request.
Nary: Madam Mayor, just to help maybe understand. There was an issue that we think
has been resolved with the applicant's attorney in regards to the -- there is a portion of
this parcel that is connected to Fourth Street, basically in the Old Town area , and there
was an issue about access through there into this Cherry Blossom -- Cherry Blossom
comes off of Cherry Lane and winds through 7th. So, we have had some discussion with
their counsel. Mr. Baird has talked to them, has given them a path forward on trying to
resolve their issues in regards to moving forward. So, I'm hopeful that basically we can
get this moving that way, that we have resolved their concerns and given them a way to
resolve that with the city if they need to . So, hopefully, we won't have to have anymore
continuances, but --
Cavener: Great.
De Weerd: Mrs. Milam?
Milam: Madam Mayor, I move that we approve -- or we continue -- I'm reading. Continue
Item 7-A, H-2019-0064, to July 16th.
Cavener: Second.
De Weerd: I have a motion and a second to continue Item 7-A to July 16th. All those in
favor say aye. All ayes.
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MOTION CARRIED: FIVE AYES. ONE ABSENT.
B. Public Hearing for Ada County Highway District Property
Conveyance as part of the Ten Mile Road Widening Project,
Ustick to McMillan
De Weerd: Item 7-B is a public hearing for Ada County Highway District property
conveyance and I will turn this over to Mr. Nary.
Nary: Thank you, Madam Mayor, Members of the Council. If you see in your packet the
-- the widening project for Ten Mile between Ustick and McMillan is planned to begin this
fall. There are two sections of that that impact the city. One is a portion right in front of
the wastewater treatment plant at the culvert of the Five Mile Creek there, as well as on
the opposite side of that same area there is a portion that touches a little bit of the city's
property in relation to the pathway that's adjacent to the Reta Huskey Park. Both the
departments have looked at both of those. There is no concern from either department
about the -- the dedication of this right of way. The city providing that is part of our
agreement with ACHD. That's why you will notice the compensation summary shows
there was no funds to be transferred to the city for that . That's part of our agreement with
them. So, this really is -- the administerial part of this is the public hearing that's required
and you will notice on your agenda 8-D is the ordinance making that occur. So, I don't
know if there is members of the public, but that's the basis of why we are here.
De Weerd: Okay. So, is there any members of the public here to provide testimony on
this item? Okay. Seeing none. Council, any questions for staff? Okay. I would entertain
a motion to close the public hearing.
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: Move we close the public hearing an Item 7-B.
Little Roberts: Second.
De Weerd: I have a motion and a second to close the public hearing on 7-B. All those in
favor say aye. All ayes.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
C. Meridian Rural Fire Protection District Memorandum of
Understanding and Agreement with the City of Meridian
De Weerd: Item 7-C is under the Meridian Rural Fire Protection District, it's a
memorandum of understanding and agreement and I will turn this over to Charlie.
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Butterfield: Thank you, Madam Mayor, Members of Council. Seeking approval -- looking
to seek approval and signature on the annual Meridian Rural Fire Protection District
Memorandum of Understanding Agreement with the City of Meridian for fiscal year 2020.
The MOU amends and modifies the percentage allocation for purposes of contract service
fee capital outlay expenditure between the city and the district for the next fiscal year.
This is FY-2020 percentage from the district to the city will be nine percent based on the
budget analysis that was conducted and that's nine percent of the fire department's
operating budget for the coming fiscal year. Also included in this MOU is repayment from
the city to the district in the amount of 800,000 from impact fees for the remaining balance
owed for the construction of Fire Station No. 5 and I believe all Council was updated on
that amount for a budget amendment from Chief Niemeyer recently. With that I will stand
for any questions.
De Weerd: Thank you. Council, any questions?
Little Roberts: Madam Mayor?
De Weerd: Mrs. Little Roberts.
Little Roberts: Do we need a motion on this?
De Weerd: Yes, we do.
Little Roberts: Madam Mayor, I move that we approve the MOU with the Meridian Rural
Fire District.
Milam: Second.
De Weerd: I have a motion and a second to approve Item 7-C. Any discussion? Mr.
Clerk, will you call roll.
Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt,
absent.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
Item 8: Ordinances
A. Ordinance No. 19-1831: An Ordinance Amending Meridian City
Code As Codified At Title 11, To Create A New Residential
Self Storage Use That Includes A Definition; Specific Use
Standards And Specifies Conditional Use Approval In The R-15
And R-40 Zoning Districts; And Providing For A Waiver Of The
Reading Rules; And Providing An Effective Date.
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De Weerd: Under Ordinances, 8-A, Ordinance 19-1831. Mr. Clerk, will you, please, read
this by title.
Johnson: Thank you, Madam Mayor. Ordinance amending Meridian City Code as
codified at Title 11, to create a new residential self storage use that includes a definition;
specific use standards and specifies conditional use approval in the R-15 and R-40 zoning
districts; and providing for a waiver of the reading rules; and providing an effective date.
De Weerd: Okay. You have heard this ordinance read by title. Is there anyone who
would like to hear it read in its entirety? Thank you. Council, seeing none, do I have a
motion to approve?
Little Roberts: Madam Mayor?
De Weerd: Mrs. Little Roberts.
Little Roberts: Madam Mayor, I move that we approve Ordinance 19-1831 with
suspension of rules.
Palmer: Second.
De Weerd: I have a motion and a second to approve Item 8-A. Mr. Clerk, will you call
roll.
Roll call: Borton, yea; Milam, yea; Cavener, nay; Palmer, yea; Little Roberts, yea; Bernt,
absent.
De Weerd: Okay. The ayes have it.
MOTION CARRIED: FOUR AYES. ONE NAY. ONE ABSENT.
B. Ordinance No. 19-1832: An Ordinance (H-2019-0021 – Pollard
Subdivision) For Annexation Of A Parcel Of Land Being All Of
The Southeast ¼ Of The Southwest ¼, A Portion Of The
Southwest ¼ Of The Southwest ¼ And A Portion Of The
Southwest ¼ Of The Southeast ¼ Of Section 21, Township 4
North, Range 1 West, Boise Meridian, Ada County, Idaho, As
Described In Attachment “A” 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 77.328
Acres Of Land From Rut To C -G (General Retail And Service
Commercial)(55.38 Acres) And R-8 (Medium Density
Residential)(21.95 Acres) Zoning Districts In The Meridian City
Code; Providing That Copies Of This Ordinance Shall Be Filed
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With The Ada County Assessor, The Ada County Recorder,
And The Idaho State Tax Commission, As Required By Law;
And Providing For A Summary Of The Ordinance; And
Providing For A Waiver Of The Reading Rules; And Providing
An Effective Date.
De Weerd: 8-B is Ordinance 19-1832. Mr. Clerk, will you, please, read this by title.
Johnson: Thank you, Madam Mayor. Ordinance Pollard Subdivision, H-2019-0021, for
annexation of a parcel of land being all of the Southeast ¼ of the Southwest ¼, a portion
of the Southwest ¼ of the Southwest ¼ and a portion of the Southwest ¼ of the Southeast
¼ of Section 21, Township 4 North, Range 1 West, Boise meridian, Ada county, Idaho, as
described in Attachment “A” 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 77.328 acres of land from the RUT to C-G (General Retail and Service
Commercial) (55.38 acres) and R-8 (Medium Density Residential) (21.95 acres) zoning
districts in the Meridian City Code; providing that copies of this ordinance shall be filed
with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax
Commission, as required by law; and providing for a summary of the ordinance; and
providing for a waiver of the reading rules; and providing an effective date.
De Weerd: Our two Boy Scouts chose the most exciting hearing to come to.
Milam: Short.
De Weerd: Would anyone like to hear it read in its entirety? Seeing none, Council, do I
have a motion?
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: I move we approve Ordinance No. 19-1832 with suspension of rules.
Little Roberts: Second.
De Weerd: I have a motion and a second to approve Item 8-B. Mr. Clerk, will you call
roll.
Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt,
absent.
De Weerd: All ayes.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
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C. Ordinance No. 19-1833: An Ordinance Amending Meridian City
Code As Codified At Title 11, Pertaining To Notification Of
Violations In Chapter; Residential Dimensional Standards And
Allowed Use Tables In Chapter ; Ditches, Laterals, Canals Or
Drainage Courses; Outdoor Lighting; Outdoor Storage;
Traveling Living Quarters; Parking Standards; Qualified Open
Space And Variance Processing In Chapter 3; Specific Use
Standards For Educational Institution, Indoor Shooting Range,
Multi-Family Development And Restaurant In Chapter 4; Public
Hearing, Fees, Variances And Alternative Compliance In
Chapter 5 And Other Miscellaneous Sections; And Providing
For A Waiver Of The Reading Rules; And Providing An
Effective Date.
De Weerd: Item 8-C is Ordinance 19-1833. Mr. Clerk, will you, please, read this by title.
Johnson: Thank you, Madam Mayor. It's an ordinance amending Meridian City Code as
codified at Title 11, pertaining the notification of violations in chapter; residential
dimensional standards and allowed use tables in chapter; ditches, laterals, canals or
drainage courses; outdoor lighting; outdoor storage; traveling living quarters; parking
standards; qualified open space and variance processing in Chapter 3; specific use
standards for educational institution, indoor shooting range, multi -family development and
restaurant in Chapter 4; public hearing, fees, variances and alternative compliance in
Chapter 5 and other miscellaneous sections; and providing for a waiver of the reading
rules; and providing an effective date.
De Weerd: You have read this by title. I don't see anyone wanting to hear it read in its
entirety. So, Council, do you have a motion?
Little Roberts: Madam Mayor?
De Weerd: Mrs. Little Roberts.
Little Roberts: Madam Mayor, I move that we approve Ordinance 19-1833 with
suspension of rules.
Palmer: Second.
De Weerd: I have a motion and a second to approve Item 8-C. Mr. Clerk, will you, please,
call roll.
Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt,
absent.
De Weerd: All ayes. Motion carried.
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MOTION CARRIED: FIVE AYES. ONE ABSENT.
D. Ordinance 19-1834: An Ordinance Authorizing The
Conveyance Of Certain City Owned Real Property To The Ada
County Highway District For Right-Of-Way Purposes: Portions
Of Certain Real Property Located Along Ten Mile Road North
Of Ustick: (1) A Parcel Located In The Se ¼ Of Section 34, T4n,
R1w, Ada County Idaho, And (2) A Parcel Located In The Sw ¼
Of Section 35, T4n, R1w, Bm, Ada County Idaho; Authorizing
The Mayor And City Clerk To Execute And Attest On Behalf Of
The City Of Meridian The Deed And Other Documents
Necessary To Complete The Transaction; Providing For A
Waiver Of The Reading Rules; And Providing An Effective
Date.
De Weerd: Item 8-D relates or follows Item 7-B. It is Ordinance 19-1834. Mr. Clerk, will
you, please, read this by title.
Johnson: Thank you, Madam Mayor. It's an Ordinance authorizing the conveyance of
certain city owned real property to the Ada County Highway District for right-of-way
purposes: portions of certain real property located along Ten Mile Road north of Ustick:
(1) a parcel located in the SE ¼ of Section 34, T4N, R1W, Ada county, Idaho, and (2) a
parcel located in the Sw ¼ of Section 35, T4N, R1W, BM, Ada county, Idaho; authorizing
the Mayor and City Clerk to execute and attest on behalf of the City of Meridian the deed
and other documents necessary to complete the transaction; providing for a waiver of the
reading rules; and providing an effective date.
De Weerd: Thank you. Council, do I have a motion to approve?
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: I move we approve Ordinance No. 19-1834 with suspension of rules.
Little Roberts: Second.
De Weerd: I have a motion and a second to approve Item 8-D. Mr. Clerk, will you call
roll.
Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt,
absent.
De Weerd: All ayes.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
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E. Ordinance 19-1845: An Ordinance (H-2019-0013 – Gander
Creek North & South) For Annexation Of Three Parcels Of
Land Being In NE ¼ Of Section 32, Township 4 North, Range 1
West, Boise Meridian, Ada County, Idaho, As Described In
Attachment “A” 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 125.68 Acres Of Land From
Rut To R-8 (Medium Density Residential) Zoning District In The
Meridian City Code; Providing That Copies Of This Ordinance
Shall Be Filed With The Ada County Assessor, The Ada County
Recorder, And The Idaho State Tax Commission, As Required
By Law; And Providing For A Summary Of The Ordinance; And
Providing For A Waiver Of The Reading Rules; And Providing
An Effective Date.
De Weerd: Our final ordinance reading of the evening, 8-E, Ordinance 19-1845. Mr.
Clerk.
Johnson: Thank you, Madam Mayor. Ordinance regarding H-2019-0013, Gander Creek
North & South, for annexation of three parcels of land being in NE ¼ of Section 32,
Township 4 North, Range 1 West, Boise meridian, Ada county, Idaho, as described in
Attachment “A” 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
125.68 acres of land from RUT to R-8 (Medium Density Residential) zoning district in the
Meridian City Code; providing that copies of this ordinance shall be filed with the Ada
County Assessor, the Ada County Recorder, and the Idaho State Tax Commission, as
required by law; and providing for a summary of the ordinance; and providing for a waiver
of the reading rules; and providing an effective date.
De Weerd: Thank you, Mr. Clerk. Council, do I have a motion?
Little Roberts: Madam Mayor?
De Weerd: Mrs. Little Roberts.
Little Roberts: Madam Mayor, I move that we approved Ordinance 19-1845 with
suspension of rules.
Milam: Second.
Borton: Second.
Cavener: Second.
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Palmer: Second.
De Weerd: I have a motion and four seconds. Any discussion? No? Thought with all
those seconds we would have at least a comment. Mr. Clerk, will you call roll.
Roll call: Borton, yea; Milam, yea; Cavener, yea, Palmer, yea; Little Roberts, yea; Bernt,
absent.
De Weerd: All ayes.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
Item 9: Future Meeting Topics
De Weerd: Item 9 under Future Meeting Topics. Anything under this item? If not, I would
entertain a motion to adjourn our City Council meeting.
Milam: Move that we adjourn.
Little Roberts: Second.
De Weerd: I have a motion and a second to adjourn. All those in favor say aye. All ayes.
At 6:20.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
MEETING ADJOURNED AT 6:20 P.M.
(AUDIO RECORDI-NG-W.FILE OF THESE PROCEEDINGS)
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