HomeMy WebLinkAbout2005 10-11
Meridian City Council Meeting
October 11. 2005.
The regular meeting of the Meridian City Council was called to order at 7:00 P.M.,
Tuesday, October 11,2005, by Mayor Tammy de Weerd.
Members Present: Tammy de Weerd, Keith Bird, Shaun Wardle, and Charlie Rountree.
Members Absent: Christine Donnell.
Others Present: Bill Nary, Will Berg, Anna Canning, Len Grady, John Overton, Bill
Johnson, and Dean Willis.
Item 1:
RolI..call Attendance:
Roll call.
X Shaun Wardle
X Charlie Rountree
X
Christine Donnell
X Keith Bird
Mayor Tammy de Weerd
De Weerd: Good evening. I will go ahead and start the meeting. It is the regular
meeting agenda for City Council, Tuesday, October 11. It's 7:00 o'clock. Welcome. It's
always nice to see young faces in our Council chambers and it's usually not normal,
only if it's a government class. So, we do welcome you and stay as long as you would
like. Will, go ahead and start with roll call attendance.
Item 2:
Pledge of Allegiance:
De Weerd: Item No.2 is the pledge of allegiance. We will be led tonight by Jeremy
Hopkins. If you will all rise?
(Pledge of Allegiance recited.)
Item 3:
Community Invocation by Pastor Bud Henthorn, with Meridian
Gospel Tabernacle:
De Weerd: Jeremy, I do have a City of Meridian pin and thank you for leading us.
Okay. Item No.3 is our community invocation. We will be led today by Pastor Bud
Henthorn with the Meridian Gospel Tabernacle. If you will all join us in the community
invocation or take this as an opportunity for a moment of silence.
Henthorn: Heavenly Father, we pause for a moment to be certain of our spiritual center.
We are reminded that your word teaches us that what is required of man is that we live
justly, that we love mercy, and that we walk humbly with our God. Father, as we gather
here tonight to make decisions that affect the whole community, as we gather tonight to
make decisions that affect future generations, we ask that you would work in each of
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October 11, 2005
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our hearts, cause us, Lord God, to love justice and to love mercy and to do our work
here tonight with great humility. We ask it in Jesus' name, amen.
De Weerd: Thank you. Pastor, I guess it's kind of a disadvantage when your church is
the one that organizes this and if you can't find somebody you're nominated; right? But
we sure like seeing you.
Henthorn: Well, Thank you. I like being here.
Item 4:
Adoption of the Agenda:
De Weerd: Thank you. And I will put in a shameless plug. Seeing all these youth
today, we do have a youth council. It meets twice a month and certainly you're
encouraged and invited to attend this. If you want any information, we have. that
available in my office. Just call City Hall and we will tell you when they meet. We are
encouraging youth to be involved in decisions that are being made, helping to design
the future of your community. So, certainly would encourage you to get involved if you
would like. Item No.4 is adoption of the agenda.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move -- well, we have got a couple of changes on the Consent, but I'll do that
through the Consent Agenda. I move that we approve the agenda as published and
that would include Ordinance 05-1188, the second reading of the Sudafed ordinance,
and also Ordinance No. 05-1189.
Rountree: Second.
De Weerd: Okay. The motion is to approve the adoption of the agenda as presented.
And, Mr. Berg, when we get to 15, is that number correct? Okay. All those in favor say
aye. All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
Item 5:
Consent Agenda:
A.
Approve Minutes of August 9, 2005 City Council Special Meeting
Minutes:
B.
Approve Minutes of September 13, 2005 City Council Regular
Meeting:
C.
Tabled from October 4, 2005: Findings of Fact and
Conclusions of Law for Approval: AZ 05..016 Request for
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October 11, 2005
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Annexation and Zoning of 28.65 acres from RUT to R-15 and L-O
zones for Silver Oaks Subdivision by Charter Builders, Inc. -
north of West Franklin Road and west of North Ten Mile Road:
D.
Tabled from October 4, 2005: Findings of Fact and
Conclusions of Law for Approval: CUP 05..024 Request for a
Conditional Use Permit for a Planned Development for multi-family /
clubhouse / office / daycare development with no minimum street
frontage and multiple buildings on a single lot on 28.65 acres in
proposed R-15 and L-O zones for Silver Oaks Subdivision by
Charter Builders, Inc. - north of West Franklin Road and west of
North Ten Mile Road:
E.
Tabled from October 4, 2005: Findings of Fact and
Conclusions of Law for Approval: PP 05..023 Request for
Preliminary Plat approval for 1 multi-family residential building lot
and 1 commercial office lot on 28.6 acres in proposed R-15 & L-O
zones for Silver Oaks Subdivision by Conger Management Group
- west of Ten Mile Road and north of West Franklin Road:
F.
Findings of Fact and Conclusions of Law for Approval: AZ 05..
032 Request for Annexation and Zoning of .56 acres from R6 to L-
0 zone for West Carol Street Professional Center by James and
Carrie Jewett - 1560 Carol Street:
H.
Findings of Fact and Conclusions of Law for Approval: PP 05..
022 Request for Preliminary Plat approval of 4 building lots and 1
common lot on 1.74 acres in a L-O zone for Woodpenn
Subdivision by Pennwood III, LLC - 429 SW 5th Avenue:
I.
Findings of Fact and Conclusions of Law for Approval: CUP
05..030 Request for a Conditional Use Permit for a commercial
Planned Development on 1.74 acres in a L-O zone for Woodpenn
Subdivision by Pennwood III, LLC - 429 SW 5th Avenue:
J.
Approve Payment Application No.5 for Meridian Senior Center
Remodel to KMO, Inc.:
K.
Approve Federal EQuitable Sharina Agreement with U.S.
Department of Justice:
L.
Approve Sidewalk Easement for Ada County Hiahway District
for Well No. 26 Pumping Facilities Project:
M.
NPDES Permit Assistance Contract with CH2M HILL:
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October 11, 2005
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N.
Award of Bid for Autumn Faire Subdivision City Well Lot
Landscapina to Sunshine Landscaping, Inc.:
o.
Water Main Easement Aareement for EI Dorado Retail Buildina
No.2 by Kimball Properties, LP:
P.
Agreement for Services with AspireOn:
Q.
City Clerk Notification of Election Precinct and Polling Places:
De Weerd: Item 5. Mr. Bird.
Bird: Madam Mayor, on the Consent Agenda we need to pull Item G, the CUP 05-040,
to 7-G on the regular agenda and, then, Item P, the agreement for service with
AspireOn, we need to table for two weeks, which would be October 25th. And with that
I would move that we approve the revised Consent Agenda and for the Mayor to sign
and the Clerk to attest on all proper papers.
Rountree: Second.
De Weerd: Okay. Motion to approve the Consent Agenda as amended. Mr. Berg, will
you call roll.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, absent.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 6:
Department Reports:
A.
Parks & Recreation Department:
1.
Autumn Faire Subdivision Park Contract I Agreement:
De Weerd: Okay. Item 6-A, the Parks Department. Elroy. I assume, Doug, that Elroy
was presenting?
Huff: Madam Mayor, Members of the Council, appreciate meeting with you tonight and I
handed out a handout to you before the meeting. Let me go through just a few things
on that and I will get right down to the point. If you look at the second item down, it says
remaining budget, 171,848 is carry over from just this past year. Low bidder for the
project, when we put it out to bid, was Hillside Landscape, at 234,341. Extra dollars we
would need to award that contract was 62,493. And, then, below that we have some
construction costs to tap a water line, which we worked out with Public Works for that
park for shoulder season, spring and fall. As well as ten percent contingency. What I'm
requesting tonight -- or what the department is requesting tonight is 81,501 dollars
added to the Autumn Faire Park or Seasons Park account, which would get this contract
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October 11, 2005
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rolling and get that park pretty well finished up. The current budget of 2006, we have
113,000 in there. That 113 is earmarked for a shelter and a restroom. We'd like to
retain that and be able to get on that as well. So, the other thing that we are requesting,
besides the 81,000, is that you would award the contract to Hillside Landscaping
Nursery for 234,341 dollars and we will get going. Any questions?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I have got a couple of questions before I make a motion. You have got the
original budget of 194,000?
Huff: Yes, sir.
Bird: And, then, where did that 22,162 dollars -- where did we spend it? Because we
have got a remaining budget of 171,848.
Huff: Right. We had some costs in there -- and I can't remember what a couple of them
are, but most of it is architectural.
Bird: This was -- that was for the architectural drawings, then?
Huff: Yeah. For all the plans.
Bird: For the whole thing.
Huff: I didn't have it in there. I guess I left it out, so --
Bird: And, then, you want to -- you want a budget adjustment of 81 ,501 dollars --
Huff: Yes, sir.
Bird: Which we will take care of next September -- I mean is when we will pass on it;
right? Council? We do it once a year? But we can authorize it.
Rountree: You can authorize it and approve it.
Bird: And your current budget, 113, you want to leave that alone?
Huff: Yes, I do. Because that's the restroom and the shelter and everything that we
need to --
Bird: I understand now.
Huff: -- get it pretty well done.
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October 11, 2005
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Bird: If there is no other questions, I could certainly make a motion.
De Weerd: Council, any other questions?
Rountree: I have none.
De Weerd: Okay. Mr. Bird.
Bird: Madam Mayor, I would move that we approve the budget adjustment at this point
of 81,501 dollars for Autumn Faire, Seasons Park, and can I award the contract at the
same time or does it --
Nary: It should be separate.
Bird: That should be separate.
Rountree: Okay. I'll second.
De Weerd: Okay. Motion to approve. Is there any further discussion? Mr. Berg, will
you call roll.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, absent.
MOTION CARRIED: THREE AYES. ONE ABSENT.
De Weerd: Okay. Mr. Bird.
Bird: Madam Mayor, I would move that we approve the contract for Autumn Faire,
Seasons Park, to Hillside Landscape contractors, to the sum of 234,341 dollars and for
the Mayor to sign and the Clerk to attest when the contractors have signed.
Rountree: Second.
De Weerd: Okay. Motion to approve the award of contract to Hillside. Is there any
further discussion? Mr. Berg.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, absent.
MOTION CARRIED: THREE AYES. ONE ABSENT.
B.
Mayors Office
1.
Reappointment of Historic Preservation Commission
Frank Thomason and Tom Hammond:
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October 11,2005
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De Weerd: Thank you. Item B. I have discussed last week about the reappointment on
our historic preservation commission, the reappointment of Frank Thomason and Tom
Hammond. This is just kind of a clean up and Frank Thomason would be until four of
'06 and Dr. Hammond is four of '07. So, you will see Frank again in a couple of months
for reappointment, but this just cleans it up so the terms are all staggered.
Bird: You mean six months?
De Weerd: Yeah.
Bird: Okay.
Rountree: Do you need a motion to that effect?
De Weerd: Please.
Rountree: Madam Mayor, I move that we approve the reappointment of Frank
Thomason and Dr. Tom Hammond to the historical preservation commission, terms to
run as stated by the Mayor.
Bird: Second.
De Weerd: Okay. Motion to approve the appointment of Frank Thomason and Tom
Hammond on the HPC. Mr. Berg, will you call roll.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, absent.
MOTION CARRIED: THREE AYES. ONE ABSENT.
2.
Update on Economic Development Report by Cheryl
Brown:
De Weerd: Thank you. Item B-2 is our Economic Development Coordinator Cheryl
Brown.
Brown: Good evening. I'm so excited that the kids are here tonight.
De Weerd: Are you a teacher?
Brown: They usually see me at home in my sweats eating pizza. They will know what I
do.
Bird: You got them fooled.
De Weerd: No, she doesn't.
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October 11, 2005
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Brown: I put a packet up there for you to just kind of briefly go through just -- Keith, cut
me off when you feel I have said enough, because I'm going to cover stuff that isn't on
that first. I just wanted to update you as to what I have been doing the last couple
months. I have been working again with Commerce and Labor and Compass gathering
our statistics for Meridian, our work force availability, our unemployment rates, our per
capita income, employment, I have been educating myself on the incentives that the
state offers and on the industrial revenue bonds with Commerce and Labor. I have
been working with the Public Works Department and Bruce and I right now are working
with Compass to try and get them the same figures, so we can compare apples to
apples that the other cities are. I just found out tonight at 4:30 that we aren't -- the
information that they are getting is different than what they are getting from Boise in
some of the aspects of the residential and the commercial. So, now we are going
through this with a fine toothcomb, so we can get Compass the exact numbers they
need, so we can get accurate revenue projections. I'm also on the process innovation
group, which is to streamline the process and that's through our building -- the building
department, tracking the developers' projects and seeing where they are. We have
formed the Mayor's Economic Development Council. At our last -- the last time I
reported to Council we had raised 4,000 dollars. Right now we have 32,000 dollars and
that should be climbing very soon. We have an ambassador program that was put
together through the University of Phoenix that we are going to be launching at our next
Council meeting. We are focusing on our education for our workforce training, our
infrastructure, which would be the fiber optics, the water, the sewer, business attraction,
retention and expansion. Some advertising that have done -- and you will see it in your
packet, our brochure is finally done and that is out in our information packets. It's also
available through the Chamber of Commerce. We have completely revitalized the
website for the economic development. If you go on the website it's very very
professional. It has the flashy animation, it's -- it's very very nice. Our informational
folders are at the marketing design firm right now. She's working on getting Meridian
folders designed to send out the information. We put an ad -- half color ad in the
Horizon Air magazine, which is in your packet, that went out in the October -- it's going
in over 10,000 flights, along with the article on the Idaho. I'm working on a partnership
with another Idaho company that I can announce at a later date and this will be to
market Meridian here in town, as well as nationally and globally. That's one I -- I really
can't give you a lot of details on right now, but I will as soon as we work out all the
details. The website -- I will talk a little bit about that. It's -- we went from functional to
professional and state of the art. We have the flashy animation introduction. It's easy to
navigate through. We kicked it off this week when the airline ad came out. Meetings
that I have been going to -- the Boise Valley Economic Partnership. The Idaho
Economic Development Association. We have been meeting on Ten Mile interchange
with the developers and stakeholders. The Process Improvement Group. Alcohol
Beverage Control, working on liquor license legislation. I've had a few meetings with
Boise State to work on their workforce training ability for our employers that we have
here who are looking at expanding. And how we can partner with Boise State as well.
And our community center meeting. Some leads that I have got that have come in from
a VBAP and from Commerce and Labor have been call centers, food packaging,
distribution warehouses, food processing, a transaction center, which was a billing
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October 11, 2005
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department, and another one that was called Project Tree that needed to be by forest
land. Local projects and local developers that I have been working with is Candlewood
Hotel out at Silverstone. The Elixer property, working with Ten Mile Development,
Silvercreek Properties from California, and Dennis Baker. Pinebridge. And there is
some really really exciting things coming to Pinebridge and I can't talk about them, but
you will be really excited. And as soon as I can talk about them I will. Centerpoint,
Winston Moore's project on Eagle and Ustick, just landed their anchor tenant, which is
going to be Cole's. They said I could say it today. They are going to bring about 150
jobs. They have estimated a property tax base bringing into Meridian of 100,000. It's a
96,000 square foot building. And once that anchor goes in, they will be starting to build
March of '06 and open October. And, then, you will see the other stores falling in line
pretty quick afterwards. Waltman Lane. I have been working with both of the California
developers on their preliminary plans, what they are looking at bringing in at Waltman
Lane. Corrabba's Italian restaurant, which is going next to the Ram. Sizzler, which is
going out at Ustick marketplace. A manufacturing lab. They manufacture eye-glasses.
And they haven't picked a site yet. We are still working on that. Country Inn, which is
across from the Ram, hotel, that is Van Auker -- on Van Auker property. And also we
have filled the 72K building that Van Auker -- Ron Van Auker has with Oregon Tile and
Marble and they went in at 24,000 square foot. And they have got two businesses in
Oregon and two in Washington. The Majestic cinema is done. I have been working
with Jakers coming to Meridian, who is looking at a site out at Eagle and Pine. I have
been working with Fred Meyers on their next site that they are looking at putting in
Meridian. The Travis Group, which is a consulting and fire protection and perimeter
defense company, sent a press release out this week that they will be coming to
Meridian from Washington. Expansions that I have been working on, Blue Cross's nine
million dollar expansion. Food Service of America's four million dollar expansion. Tri-
City Meats expansion. Double-D's expansion. Micro 100 Tool four million dollar
expansion. I have been working on a lot of liquor licenses. Lou Aaron's English Pub.
That's coming. Do you have any questions so far?
De Weerd: Now you know why she's working on liquor licenses.
Brown: Lots. If you go through, the first page is just pretty much Meridian at a glance
and we just highlighted some of the businesses and what the employment numbers
were there. Page two is just an overall economic investment in Meridian and it
continues to sky rocket. Every developer I have talked to is seeing -- not seeing it slow
down for the next couple years. On page three I talk a little bit about the website and
expansions. This is the ad that we put in directing people on our website in the Horizon
Air magazine. And this -- Chris, our summer intern that we had, how do Meridian
developers feel about the current pace and outlook of economic development. He put
that together with some of the quotes from the developers. Will Meridian and Idaho
sustain growth? According to everything that we have been researching, yes. And we
are growing in leaps and bounds. The map here, the little measles map, that is broke
down to show you where these type of businesses are located in the city. It's broke
down to your retail, your office and professional, your medical, manufacturing,
transportation, utilities, and your public. So, you can kind of look at the map and get a
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October 11, 2005
Page 10 of 42
feel of where a lot of the different industries are locating. The next page is your
nonresidential permits total value and, then, total square footage of the different
industries. And that's over the last five years. Then, we have compared it to Boise city
limits as well. On the pie chart we have got the Meridian city limits with it broke down to
what percentage of what industry we kind of have here in Meridian. We also -- I just
gave you a comparison in there and put Boise in there as well. If you look at the second
to the last page, the new commercial permit activity, and I wrote the numbers here on
the bottom. We have had record ~- record months in commercial and in residential.
The number of permits over here so far for '05 and we are not even done, is 96 for
commercial. And I put the dollar amounts down here as well for 2003, '4 and '5. And,
then, the last page is your single~family permit activity. What we were trying to work on
and found it wasn't -- our numbers weren't working, is the percentage of residential
versus commercial. And this what we are having to rework with Compass, because the
numbers aren't right. So, Bruce was over there today and met with Compass. I was
over there before. So, now we are going to revamp that a little bit, so we can get more
accurate numbers to be compared with the other cities. Are there any questions?
De Weerd: Cheryl, also I guess noteworthy is in 2000 our residential to commercial
ratio was ten percent commercial to 90 percent residential. It is 31-69 split now. With
the residential growth that is quite a feat and I guess I appreciate the single point of
contact and I believe that the business industry has appreciated that as well and what
Meridian has tried to do is partner with those that are working out there trying to recruit
businesses and jobs to the area and be their partner and leverage all our dollars in that
recruiting effort. So, appreciate what Cheryl's been doing, appreciate those that are
working with her. I know that Winston and Jonathan on their project have been working
and she has been developing timelines with these business park developers and trying
to keep their projects on track, because we know that the bottom line is meeting those
time frames and getting those jobs in town. So, appreciate what you have done.
Council, any questions?
Bird: Just a good job.
Rountree: Keep up the good work.
Brown: Thank you.
Wardle: Madam Mayor?
De Weerd: Mr. Wardle.
Wardle: Sentiments exactly and just to -- did you call this the measles map?
Brown: Yeah.
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October 11, 2005
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Wardle: On the measles map I think you might have a problem with the measles on the
Black Cat Road. It appears that the majority of the business growth has happened
around the park that we just funded, so I'm sure it's just a computer error, but --
Brown: Oh.
Bird: Yeah. You're right.
Brown: I'll call Compass.
Nary: If you're going to put that out for publication --
Brown: I'll call Compass.
Bird: A setback.
Brown: Thank you.
De Weerd: Thank you, Cheryl. Okay. Item 6-C, City Clerk's Office. Mr. Berg.
C.
City Clerk's Office - Will Berg
1.
Update on Thousand Springs well lot sale:
Berg: Thank you, Madam Mayor, Members of the Council. An update on the Thousand
Springs well lot sale, which is a surplus property item. We have an auction scheduled
for Wednesday, November 2nd, at 3:00 o'clock, which, hopefully, will have a bidder or
two and we will be proceeding along with an agreement and a purchase. So, any
questions on that item?
De Weerd: Council?
Bird: No.
De Weerd: Mr. Rountree.
Rountree: Is that a closed bid? Open bid? On site bid?
Berg: I don't believe -- Madam Mayor, Councilman Rountree, I don't believe it
specifically -- however we want to have it. There wasn't anything specifically in the code
that said what kind of auction it was to be and we are -- Ted and myself are putting
together an information bidding package that addresses in the notice. So, that's a very
good question. It will probably be a closed bid and a percentage down of your bid and
so many days to pay.
Rountree: Okay.
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October 11, 2005
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Berg: A lot of them are just cash, but it doesn't have to be. We just determine what the
bidding package is.
Rountree: Just out of curiosity. Get it sold.
Berg: I'll get that information to you when we have it put together.
2.
Update on Public Hearing for Transfer of Parking Lot to
MDC:
De Weerd: Thank you. Item 2.
Berg: Item 2. Update on Public Hearing for transfer of parking lot to MDC. That is
scheduled -- noticed for Public Hearing on November 9th, Wednesday, at the regular
City Council meeting for a conveyance or transfer. We have to have that Public Hearing
for any information or public testimony on that transfer and, then, we will proceed from
there. Little bit different than the surplus property.
De Weerd: Council, any questions on that?
Bird: I have none.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: Just the timing on the transaction after the 9th. We are looking at two
months? Two weeks?
Berg: Mayor, Councilman Rountree, I'm not sure what the transaction is, if we have to
wait a period. Maybe our city attorney might know. I didn't read that far to determine if
there was a waiting period after that hearing and your decision. Because there isn't a
bidding or an option or anything of that nature.
De Weerd: Mr. Nary. We have already had our Public Hearing.
Nary: Madam Mayor, Members of the Council --
Berg: No. Madam Mayor, this is our Public Hearing for this property.
Nary: Yeah. I don't think there is. I think the circumstances after the Public Hearing is,
then, you will bring back the final action. If you approve it, you will bring back the final
action transferring that interest by resolution. You can do that transfer and, then, that's
what gets recorded. And I don't believe there is a waiting period, because it's not a
sale, it's a transfer, so --
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October 11, 2005
Page 13 of 42
Rountree: So, we are looking at weeks, as opposed to months.
Nary: Correct.
Rountree: Okay.
De Weerd: Any other questions?
Bird: I have none, Mayor.
De Weerd: Council, as we get to the city attorney, I do see Mr. Larsen from the
Treasure Valley Partnership. I know he's probably here for the third reading of our
Pseudoephedrine ordinance to, actually, go back and tell the other partners that we
passed it and that it will be there to sign -- is this the second reading and not the third?
Bird: It's just the second.
Rountree: Just the second.
De Weerd: Oh. Okay.
Nary: Second reading.
De Weerd: Mr. Larsen, we have one more reading on that. Do you have any comment
on that? If you will step up to the microphone. We appreciate you being here tonight.
Larsen: I have really no comment, other than I have looked at the ordinance and
everything looks good according to what the other cities in the Treasure Valley are
doing with -- in regards to this issue. Now, there are a couple of abstentions, but those
are pretty rural cities and their ability to act on an ordinance like this is not near the level
of yours and I applaud you for your efforts, actually. Thank you very much.
De Weerd: Well, thank you. We appreciate your coordination of all of the cities and
counties on this item. Okay. Item D. City attorney. Mr. Nary.
D.
City Attorney's Office
1.
Addition of a Part Time Attorney:
Nary: Thank you, Madam Mayor. I'm going to get out of the chair. A few things I need
to talk with you about. Madam Mayor, Members of the Council, there is a number of
different items on your agenda this evening. The first one is a part-time attorney. I
spoke to you a number of weeks ago about the possibility of hiring a part-time attorney
and some transferring of some funds from our current budget from some different line
items for both legal contracted services, as well as an intern. We have advertised, we
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October 11, 2005
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have the attorney on board that we would like that we discussed previously and I
brought to you. Her circumstances have changed to allow her to take a part-time
position like this. What I need tonight, if you're in agreement -- I sent you a previous e-
mail, just the transfer of funds of transferring a portion of the funds that are all set aside
for a legal intern, as well as a portion of our legal contracted services of approximately --
the total amount is approximately 31,000 dollars. For the -- both part-time salary, as
well as the PERSI contribution, FICA, work comp, all of those things that -- licensing
costs, those types of things. We have already purchased the furniture. So, if you're in
agreement for us to go ahead and engage this attorney, I would need a motion and
approval from you to add a part-time position to our staff, to authorize the transfer of
funds internally to fund that position, and the other thing, if you're in agreement, when
we came before you in the budget hearing for an intern, both myself and finance
neglected to add a computer to that. We would need a computer for that person to work
from. Well, with this part-time position, they will be working partly at home, but they will
be working partly in the office, so we would also need a computer. We would need your
approval to, then, amend our capital plan to allow for us to add to our capital list another
computer purchase for that as well and we will have the money from our budget for that
as well. So, if all of those meet your satisfaction that we can go ahead and hire this
attorney, I just need your authorization to do that.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Bill, we are not -- we are just -- we are not getting a budget adjustment, we are
just making line item changes; am I not right? I mean we have got it in the budget. We
are not adding to the budget or anything.
Nary: We are not adding to the budget. I just need your authorization to move those
line items -- predominately what I need is your authorization to add a person that--
Bird: And that's what I thought, too. To add the part-time attorney.
Nary: Correct.
Bird: And, then, the line items will be added -- will be changed around at a later -- at
anytime.
Nary: Right.
Bird: Okay. No more questions, I move that we approve the part-time attorney.
Rountree: Second.
De Weerd: Okay. Motion to approve the part-time attorney and the appropriate budget
adjustments. Mr. Berg, will you, please, call roll.
Meridian City Council
October 11. 2005
Page 150f42
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, absent.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Bird: Madam Mayor, that did include the computer, too, which was part of the--
Nary: Right. That's what I thought you meant.
Rountree: The second agrees.
Bird: Does the second agree?
Rountree: Yes.
De Weerd: Okay.
2.
Simunich Update:
Nary: Thank you, Madam Mayor, Members of the Council. The next item on the
agenda for discussion was regarding Mr. Simunich's property. If you recall last week
there was a project that's in front of you, Crossfield Subdivision, and there was a large
portion of what used to be Mr. Simunich's property that is no longer in his control, he
has sold it to a different development company, and they are bringing that before you.
What the discussion last week was that Mr. Simunich's property is now completely
surrounded by the city, he also receives city services. We did review the minutes from
last August, I believe, where Mr. Simunich had requested connection to city services,
both water and sewer. Under the Idaho Code once you have connected to city
services, the Idaho Code has determined that to be consent to be annexed into the city.
Your direction to staff was to begin that process. In our discussions this past week
between my office and the planning staff and Public Works, we have other parcels
within the city that we are aware of and some that we maybe need to identify, that are
similarly situated. They are on city services and they are contiguous to the city
currently. What I was going to recommend to you -- and if that's what you'd like to do,
just receive your direction, that we identify not just Mr. Simunich's property, but any
other ones so situated. So, if we are going to bring -- rather than bringing one parcel in
front of you, that we would find whatever other parcels are in the same situation and
bring those forward as well for annexation, but -- if that's your direction. If you want us
to proceed with just the one, we can certainly go forward with that. If you want us to go
-- we know at least one subdivision that is on current services and is contiguous. There
maybe others. We want to identify those and bring those to you.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Meridian City Council
October 11, 2005
Page 160f42
Bird: Is that a complete subdivision that's on our water and sewer and not in the city?
Nary: Well, it's eight parcels. But, yeah, I mean is a completed subdivision.
Bird: That's eight parcels?
Nary: Eight parcels and it's a completed subdivision, as far as we are aware of in our
discussion today with both Mrs. Canning and Mr. Grady, it's the -- I think they think they
are in the city. It's the subdivision that's at the southeast corner of Meridian and Ustick.
I think it's called Eastbrook. Those are on city services and they are contiguous now,
because --
Bird: It's before my time.
De Weerd: It's before our time.
Bird: It's before my time. Hallelujah.
Nary: I think the reason it hadn't come -- in the past, at least over the past number of
years, when we have extended services, we have given the property owner some
deadline in which to come and request annexation. We have either required it based on
development, we have required it based on being contiguous, or we have set some time
limits. With Mr. Simunich we didn't require any of those things, we didn't require him to
come and request it, but we certainly didn't inhibit the city's ability to annex him. We just
simply didn't require he come and seek it. Other properties we have -- my assumption
is, without looking back at the minutes from the time for Eastbrook, is that because it
was a subdivision you had a number of property owners and we don't really have a
subdivision cop to tell us that we are supposed to go ahead and come back and annex.
Usually, it's one developer, one property owner, and they just kind of do it. I'm
assuming that's why that didn't happen. They didn't become contiguous until Sundance
was approved a couple few years ago and so -- they existed well before Sundance and
they now are contiguous because of Sundance. So, they are similarly situated. But if
you would like us, since we are in the process of looking at one parcel, to go and
identify other similarly situated parcels, at least Mr. Simunich's concern that we are
somehow just singling him out would be addressed in us looking at other ones that are
in the same situation.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Bill, I think we should, on something that large -- I do have -- I don't want to go to
individual in-fills, because of what the town east -- I think when we start doing that, we
have got to take -- we, as a Council and Mayor and attorney and clerk, have to sit down
-- and planning and decide what we want, so we don't get the jumble they have got.
Meridian City Council
October 11, 2005
Page 17 of 42
De Weerd: We are only talking about those that are hooked up.
Bird: That's what I mean.
Nary: Right. I think the parameters --
Bird: Just that and they are not single lots.
Nary: Right.
Bird: You're talking about a whole -- I, for one, would just as soon go for both of it. As
you say, we are not just singling out one person, we have got nine people that can --
Nary: And, Madam Mayor, Mr. Bird, if there are other ones that are situated and we are
going to see if we can determine if there are other ones like that. I don't know that there
are. I guess I have never been made aware that there were other ones. But we will
verify that. But if that's the case, then, at least what you have in front of you would be
people in the same circumstance and, again, it would be simply they are contiguous to
the city and currently on city services. Not just in-fills and not just enclaves, but people
who are actually receiving services now.
De Weerd: Any other questions?
Canning: Madam Mayor?
De Weerd: Anna.
Canning: Councilmember Bird, just to clarify, some of those receiving services are
individual lots similar to Mr. Simunich. They may be smaller, but I just wanted to -- they
are not always in a big subdivision. There are some just individual. So, we will look at
those also.
Bird: Yeah, Anna, I understand, but I don't want to -- without us sitting down and really
looking hard, these in-fills is what I'm talking about.
Canning: Okay.
Bird: And I realize that there is a lot of them that aren't hooked to our service yet. But
as these places get older and stuff, their septic tanks and their wells and stuff are going
to -- and as we develop, you start losing your aquifer and you lose wells. Well, they got
to hook, you know, so I -- but I -- and understand that, yeah. Thanks.
De Weerd: Okay. Thank you, Bill. We will bring that back.
Rountree: I concur.
Meridian City Council
October 11, 2005
Page 180f42
3.
Update on Landfill Issues:
Nary: Madam Mayor, Members of the Council, next item on your agenda was
discussion regarding the landfill. We had a number of issues. One of the issues you
requested was that we have solid waste advisory committee meeting. We have one
scheduled for the 20th to bring a recommendation back to you. What I was going to ask
you tonight, if it would be in your interest for us to send some notice to the county as to
the process we are going through. We have a November 5th date. The county was
somewhat unclear as to what that means to them and whether November 5th is some
drop dead and we are somehow barred forever, which I don't really think is the case, but
they weren't very clear and I was going to recommend to you that we send them a letter
this week, whether it comes from the Mayor's signature or myself, whichever your
direction is, to at least advise them as to our process, that we have heard from them
and that we are considering their request and that we are having our solid waste
committee meet to provide a recommendation back to you and for you folks to hopefully
be able to reach a decision and a recommendation of some sort by the end of the
month to come back to the county with. I don't necessarily think November 5th is some
magical date that whatever considerations there are or whatever discussions we would
like to have with Ada County are -- somehow have to be concluded by November 5th.
But I didn't know if it would be -- it appeared to be in the city's interest to at least let
them know where our process is at. They seemed a little unsure as to what they
needed to do. I did receive today some information from the city of Boise, they have a
public works commission, similar to our solid waste committee, that meets to make
recommendations as well. They are meeting this Thursday. The staff's
recommendation to the city of Boise is to go with the Ada County landfill proposal and to
not divert their waste stream to Idaho Waste Systems in Elmore County.
De Weerd: So, they are talking in-fall, not one hundred percent.
Nary: At this point one hundred percent.
De Weerd: Okay. The issue -- and we didn't really have that level of discussion last
week. The statute only requires that the city provide basically comment on whether
they wish to participate in the future development of the landfill. It doesn't require what
you do with your waste. You could send the waste anywhere you want to send it.
That's not what the statute is about. It's just whether or not you're going to help pay to
build the landfill up. So, right now Boise city is saying we are not going to divert
anymore waste -- I'm sorry. They are not going to divert anymore waste now. They
have already previously committed in 2001 to sending a portion of their waste to the
Waste Systems landfill in Elmore county back in 2001. They are not committing to do
anymore than what they have already done. They are not committing to any change in
their circumstance. So, again, you can direct the waste -- or through SSC direct the
waste anywhere you choose to send it, all the county is asking is if you will help pay for
the cost through their fee structure. Again, I think we will have a lot of this discussion
with the solid waste committee on how to frame that and what the city's interests are in
trying to get some commitments from the county. They tend to hold a lot of cards. The
Meridian City Council
October 11, 2005
Page 19 of 42
statute doesn't really give the cities a lot of discretion on those things, other than the
county has to follow some process and we can hopefully get more commitments on
process for fees and how the fees are structured and when notices are sent and those
type of things. And that's things we can request.
De Weerd: Okay. Council, I guess a couple of things came up last week and questions
that were raised, in particular about raising fees and what that process would be, as well
as a second landfill site. We could raise those two questions in this correspondence as
well, so that we can seek those answers and have those available when you would
either be deciding it October 25th or November 1 st. I will not be here on November 1 st,
I will be in DC, so -- but that will allow us to have time to consider their response.
Rountree: Mr. Mayor?
De Weerd. Mr. Rountree.
Rountree: I agree those two questions ought to be in the response back to the county.
Given their unclear position on what that 60 day or 90 day comment really was, I would
suggest that the letter back to them indicate that this is, in fact, our response under that
deadline, point out where our process is, and indicate that we will be giving them a final
decision sometime in November. And if that's inconsistent with their interpretation of the
guidelines, then, let us know and if the 5th happens to become a drop dead date, then,
they can explain to us why and how we ask for an extension if we need one. But to me,
the response we got on the question last week was, well, we don't know what that
means. This could be a letter asking for an extension, it could be anything. So, given
that kind of response from their officials, I would say, okay, this is our response. We are
looking at it.
De Weerd: Thank you, Mr. Rountree. So, it would be the direction of Council to go
ahead and move forward with the correspondence and, then, schedule this after the
solid waste committee gets together.
Bird: It would be mine.
Wardle: It would be mine, too.
De Weerd: Okay. Thank you, Bill.
4.
Ordinance Changes:
Nary: The last item, Council, and I apologize for not getting this on your packet. These
are some ordinance changes that we would like --
De Weerd: You can't talk and walk at the same time.
Meridian City Council
October 11, 2005
Page 20 of 42
Nary: If I talk loud he can hear me. We have had a number of requests for changes
and thank you for approving the part-time attorney. Maybe they won't take so long to
get in front of you. And I wanted to bring these in front of you and if you have questions
or concerns. If not -- or if I can address those and, if not, then, we would ask that you
bring these forward on your next agenda for consideration and approval. We have had
two requests by the traffic safety commission and the police department in regard to
some traffic issues in our city. One of them is negligent driving. We have a number of
people who engage in burning their tires out and racing with their friends on the
roadways and the like and we don't --
De Weerd: It wouldn't be any of you.
Bird: None of you kids.
Nary: No. In actuality, it's generally is people who are between 20 and 25 that seem to
do that much more than high school students. This negligent driving is an ordinance
that allows us to address that. Right now the state code doesn't really have specific
language that addresses that type of behavior and it, obviously, can be very dangerous
and can lead to collisions and so the traffic safety commission and the police
department requested something of this nature. So, that's the first item.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: Will these have an opportunity to be reviewed by both ACHD and the Idaho
Transportation Department? Since both of their facilities allow some of these
maneuvers in certain situations, to make sure the signage language is consistent with
their language, so you don't get a judge throwing them out, because you have got one
ordinance saying one thing and one regulation saying another.
Nary: Yeah. I had both of these traffic ones reviewed by our prosecution counsel to
make sure they were complying with them. I can certainly -- I don't think the negligent
driving has any impact on ACHD. The U-turn one is probably the one you're talking
about. And this one's a little bit unique. Our U-turn ordinance, which was adopted in
1998, is identical to the city of Boise ordinance, which was adopted in 1968. They have
the same very fuzzy language and it doesn't always -- again, it doesn't always prevent
people from making very bad driving decisions on when they can make a U-turn. Ours
is more restrictive, because it does require we actually sign an intersection that would
allow you to make a U-turn, but it doesn't conflict with the state code. I can certainly
send it to the highway district ahead of time and the state police for their comment,
that's not a problem. We could do that. I don't see from a legal standpoint having a --
we could be more restrictive in how we enforce the ordinances within our city, again,
without -- without -- as long as it isn't in conflict with the state code, there is no
preemption issue, but --
Meridian City Council
October 11,2005
Page 21 of 42
De Weerd: And in light of the design that will eventually go in at Eagle Road, it probably
is advisable to run this by them.
Nary: Certainly. I will send -- I will send that over both to ITD and to ACHD before I
bring them back to you.
Berg: Madam Mayor? If I could have a question for the city attorney. The crossout on
this ordinance that you have, I presume, then, the new part, which is kind of like
underlined, usually, is in the secondary part? Okay.
Nary: Yeah.
Berg: I just wanted -- to strike it out, but we are adding to it; right?
Nary: Correct. And I should have done that. So, I apologize that that didn't get on this.
Next in front of you is the Traffic Safety Commission. This is, essentially, a clean-up
ordinance on the memberships -- members of the commission that we have. There was
a couple of things that are simply clearing up. Currently, the Public Works Department
is supposed to have a representative. That used to be Mr. Smith, he's not here
anymore, and Public Works hasn't been a member of the commission, because we
have a transportation planner. Mr. Siddoway has attended every meeting since he's
been in that role, but he's not the designated person to be there. So, this was a clean
up for that. It requires the city prosecutor, but since our city prosecutors are contracted
folks, they don't really have a need to attend. I normally attend it or if I couldn't be there
Mr. Baird would be there in my absence. We also wanted to clear up the -- just, again,
clarifying where the different local citizens that are supposed to be on the committee,
where they are supposed to be located from, because the language is a little fuzzy.
And the other one is that we changed the commission -- instead of it being a fixed nine
member group, it's up to nine member group. Sometimes we may not have enough
citizens to fill those roles at a particular time and you don't want a commission that isn't
legally constituted, because it's required to have a set number, rather than having a
flexible number, like your parks commission does.
De Weerd: Yeah. Because it does affect the quorum.
Nary: Yes. And, then, the last one is, again, another issue that's come up. We have
passed some code for the building department a few months ago and Mr. Grady may be
aware of this particular one. Mr. Freckleton is the one that had requested this change.
This is in regards to circuit wiring and this is that all buildings -- it's deleting the section
that says hereinafter erected have to have a certain type of electrical conduit and metal
raceway, instead of the former -- I guess method it was installed. Because it said
hereinafter erected, of course, that tends to believe that it was for new buildings, not
new wiring, and so when they took old buildings and rewired them, there had been this
discrepancy between the inspector and the builder as to whether or not the new wiring
mechanism and such needed to be done. Mr. Freckleton asked to delete that, so it's
clear that even, essentially, an older building we want to have more current methods of
Meridian City Council
October 11, 2005
Page 22 of 42
wiring those buildings, so for safety purposes and that the hereinafter erected was not
for the building, but for the wiring itself. So, if we delete it, it's clearer to the inspector,
it's clearer from enforcement, and so that was their request for those -- for that change.
So, if the three ordinances you think are adequate to bring forth on your agenda next
week, we can do that and, again, I will forward the U-turn ordinance to the
transportation department and ACHD before we bring that back in front of you.
De Weerd: Council, any comments?
Bird: Type it out in the entirety and bring it forward, as far as I'm concerned.
De Weerd: We will bring the three in front of you next week and once we get feedback
from ACHD and ITD, we will bring back the U-turn portion.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: On the last one it seems to me that the wording you have now creates yet
another confusion. Could an inspector take that to mean that if they go and -- a fire
inspector or anybody inspecting a building, say you don't meet the standard, all
buildings -- all commercial buildings are to be wired with metal raceway. So, it seems to
me any new building or any remodel or any permitted electrical change in a commercial
building hereinafter shall follow this, so there isn't the overzealous inspector saying you
got to -- you're going to have to do this, even if you're not touching your electrical, if they
are doing a plumbing job in a commercial building or something like that.
Nary: Madam Mayor, Councilmember Rountree, I mean certainly that is subject to that
interpretation and we can certainly try to clear up some of that language before we bring
it back, so it's clear that it's -- you know, it's not to make people go retrofit existing
buildings or existing things. I think what Mr. Freckleton has indicated to me was that
where this was occurring is, essentially, in our Old Town area with a lot of conversions
of homes into office spaces and those things and that was where the issue had arisen.
But we can certainly bring that clarification --
Rountree: We know there is somebody crafty out there--
Nary: There is always a lawyer out there who will look for some loophole, so we will
make sure we clear that up before you see it again. Thank you.
Item 7:
Items Moved from Consent Agenda:
G.
Findings of Fact and Conclusions of Law for Approval: CUP
05-040 Request for a Conditional Use Permit to modify the
Conditions of Approval for CUP 03~050, in order to allow the
existing building at 703 North Main Street to remain and to allow a
Meridian City Council
October 11,2005
Page 23 of 42
public use in the O-T zone for Farmers and Merchants State
Bank by Farmers and Merchants State Bank - 703 North Main
Street:
De Weerd: Thank you. We did pull Item G off the Consent Agenda and put it under
Item 7-G. I believe I would turn this over to Anna.
Canning: Madam Mayor, Members of the Council, you have a letter in front of you -- I
just read it when I got here to the meeting. The Farmers and Merchants has requested
that you reconsider the approval the other night -- that you made the other night. They
do have two specific questions of concern, so -- one was with regard to the timing on
rehearing it once the city is no longer the occupant of the structure and the other one is
related to the cross-access agreement. I can answer any questions you have,
otherwise, I don't have much to -- information to provide.
DeWeerd: Council, any questions for Anna? Does Mr. Slocum have any comment?
Slocum: Good evening, Madam Mayor, Members of the Council.
De Weerd: Please state your name and address for the record.
Slocum: For the record, Craig Slocum, 250 South 5th, of CSHQA representing Farmers
and Merchants. The two items -- and they are incorrectly numbered on that letter. I
apologize. They are 1.6 and 1.7, instead of 1.5 and 1.6. And I will try to be brief. It's a
long project, but it's -- I'll try to be brief.
De Weerd: I'll give you three minutes.
Slocum: Okay. The city desired to use the existing Farmers and Merchants building for
office space and Farmers and Merchants stopped the process of demolishing it, so that
that could happen. So, the conditional use needed to be modified simply for the reason
to eliminate the condition that the building be demolished. What has come through the
process is that new conditions have been added. That wasn't what Farmers and
Merchants in theory agreed to. The building, as Farmers and Merchants has spent
some money to update it to make it look nice and at this point has no desire to demolish
it anytime. If they ever did that, they would I guess need to come back to this body. For
a demolition permit? I don't think you do. But they do not want it to be a condition that
that building, once the city pulls out of their lease or ends their lease, that they have to
demolish it or have to come back to this Council to request that they not demolish it.
The second item is an access issue between Washington Federal and the bank. The
plan, as it was approved through the City Council and P&Z in '03 had the parking as it
exists today and there was a curb there. That's how it was approved. Just because the
city's desire is that the building stay and Farmers and Merchants is willing to allow that,
shouldn't open the door for the requirement to enter into cross-access agreements or to
open that up. Farmers and Merchants is extremely concerned about the safety issue of
traffic in that location. The only other condition that was added was to close off the old
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October 11, 2005
Page 24 of 42
drive.thru between Main Street and the new parking field and Farmers is willing to do
that. Other than that, I'm open for questions.
De Weerd: Council -- or, Mr. Nary, I guess at this point I would ask you can we be
discussing this? Does this need to be a listed agenda item for any Council discussion?
Nary: Madam Mayor, Members of the Council, what you really have in front of you is a
request to reconsider your prior action. Mr. Slocum has simply reiterated on the record
what he's provided you in a written document as to what the basis for that request is. If
the Council is inclined to want to do that, then, someone would need to make a motion
to reconsider and set that for a date certain to hear that matter. Certainly, some of what
he's brought may require at that juncture that if you agree to reconsider your decision
and rescind your prior action, it may require you to remand it back to the Planning and
Zoning Commission because of the conditions they placed upon it for their
consideration and may require you to come up with new Findings, but if the Council is
inclined to reconsider that based on what's been stated tonight and in the letter in front
of you, then, all you would be doing is setting that for a date certain to make that heard.
I think at that juncture, if you're going to reconsider actions, you may end up having to
re-notice the changes that you want to make, such as -- the original request was simply
to delay the demolition of the building, not to remove that entirely. That's a change of
circumstance that, again, may require you to remand it back to Planning and Zoning, so
it can be re-noticed to do that. That wasn't what was considered previously.
De Weerd: Council -- and I guess in light of that, we would ask ACHD a comment, too.
When we considered this, I wrote ACHD that this was temporary, because they were
assessing new impact fees because of the addition to this. I was requested by the bank
to write that letter, that this was just temporary and that those impact fee
reconsiderations that the bank was being asked to pay should be delayed, because of
the temporary nature of this. I would have to, then, ask for comment from ACHD. I
guess that would be something that we probably do need to put back to Planning and
Zoning, but I look for your direction on this, Council. '
Canning: Madam Mayor, regarding the remand back to Planning and Zoning, I'd have
to check the notices, but I think -- I know when Planning and Zoning heard it, I really
think they weren't considering it as a delay in the demolition, they were just considering
it as that building remaining. So, we can check the notices. But I think they treated it as
if it were -- the building were staying and that's why you have the conditions for the
cross-access agreement and the close of the driveway.
De Weerd: And that is probably the different levels that we were operating on, because
it was -- when I came to you to get a budget for some of the work that needed to be
done for the city to occupy that building, it was temporary in nature and that is why I
appealed to ACHD for that fee waiver. So, this does change it and what we understood.
I don't know what was posted or what was discussed at Planning and Zoning, but that is
why the city initiated the application, why we paid for it, and so this is different. So,
Council, I would look to you for your direction on this.
Meridian City Council
October 11, 2005
Page 25 of 42
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I move that we reconsider Item 7-G and schedule it for Council discussion on
October 25th.
Wardle: Second.
De Weerd: Okay. Motion to reconsider this on October 25th. Is there any further
discussion?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Do we have to notice this, Bill, or just reconsider?
Nary: Madam Mayor, Members of the Council, Councilmember Bird, since you're
reconsidering the item on tonight's agenda, all you would be doing, then, is deciding if
your original decision stands or some other decision needs to be made and what would
happen from there.
Bird: Thank you.
De Weerd: Okay.
Bird: Question.
De Weerd: Okay. All those in favor say aye. All ayes. Motion carries.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 8:
Public Hearing: VAC 05-011 Request for a Vacation of Irrigation
Easements for Bonito Subdivision by Dave Evans Construction - 3041
East Copper Point Drive:
De Weerd: Thank you. Item 8 is Public Hearing VAC 05-011. I will open the Public
Hearing with staff comments.
Canning: Madam Mayor, if I could just ask one clarification on the previous item.
Sometimes we find that when we get to these reconsideration hearings you don't have
the information you would like. So, is it appropriate to ask what you would like -- what
information you would like at that hearing? Is it okay if I ask that even?
Meridian City Council
October 11, 2005
Page 26 of 42
Nary: No, it's not okay. Madam Mayor, Members of the Council, certainly if there is
specific information as to -- for example, Mrs. Canning had raised, what was noticed up
at the Planning and Zoning level, if that's going to be the discussion on how this
decision was reached, that's certainly something you could ask her to provide you. We
are not -- you're really having to make -- the Council's making a decision on whether
there is different information now that you would, then, change your decision, rescind
your prior action, and take different action. Again, there may not be a necessity to re-
notice anything if you choose not to take other action, but to just find out what was --
how the decision was reached, you have minutes, but if you want something specific as
to what notices were given, that certainly would be appropriate to ask Mrs. Canning to
bring that to you.
De Weerd: Council, any comment for staff? Okay. How about any direction?
Rountree: Madam Mayor, I think the information provided previously is sufficient from
the city and Planning and Zoning side, with the exception of checking out what the
notice said, but it seems like we have some inconsistent understandings about the
occupancy of that building and how long it's going to occur and the temporary or non-
temporary nature. So, I think Mr. Slocum is going to have to address those issues.
Bird: And I would concur with that, Mayor.
De Weerd: Okay. Thank you.
Canning: Thank you, Ma'am and Council. Okay. Madam Mayor, Members of the
Council, the first project before you tonight is for Bonito. It is on the south end of the EI
Dorado project off of East Copperpoint Drive and the application before you is a
vacation for irrigation easement and you can see the easement there. The Planning
and Zoning Commission has recommended approval at their September 13th -- I
believe it was actually the 15th hearing. No public testimony was provided. It was
verified that all easements were recorded and Nampa-Meridian Irrigation District
submitted the relinquishment of the portion of the easement to be vacated. So, there
was no key issues of discussion and to our knowledge there are no outstanding issues
before City Council.
De Weerd: Okay. Council, any questions for staff? Would the applicant like to
comment? Okay. Seeing none, is there anyone who would like to provide testimony on
this application? Okay. Council?
Baird: Madam Mayor?
De Weerd: I move we close VAC 05-011.
Rountree: Second.
Meridian City Council
October 11. 2005
Page 27 of 42
De Weerd: Motion to close the Public Hearing on Item 8. All those in favor say aye. All
ayes. Motion carries.
MOTION CARRIED: THREE AYES. ONE ABSENT.
De Weerd: Do I have a motion?
Wardle: Madam Mayor?
De Weerd: Mr. Wardle.
Wardle: I move we approve Item No.8, VAC 05-011 and to approve the Findings.
Bird: Second.
De Weerd: Okay. Motion to approve Item No.8. Is there any discussion? Mr. Berg.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, absent.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 9:
Public Hearing: VAC 05-014 Request to Vacate Ada County Highway
District Right-of-Way for Dorado Subdivision by W.H. Moore - northwest
corner of Eagle Road and Overland Road:
De Weerd: Item 9 is Public Hearing VAC 05-014. I will open this Public Hearing with
staff comments.
Canning: Madam Mayor, Members of the Council, this is another vacation request.
This time for Ada County Highway District right of way on -- it's for the property located
at the northwest intersection of Overland and Eagle Road, known as Dorado
Subdivision. You can see the proposed addition to the property there.
De Weerd: Anna?
Canning: Yes, Ma'am.
De Weerd: I will interrupt you for a moment. Mr. Rountree.
Rountree: Madam Mayor, I need to recuse myself on this particular item.
De Weerd: Okay. Thank you.
Canning: Madam Mayor, there is an issue here in that the portion of the right of way
being vacated along Eagle Road, the ability of whether that can be vacated or not is an
item of temporary discussion amongst Ada County Highway District and the Idaho
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October 11, 2005
Page 28 of 42
Transportation Department. So, that's probably why Mr. Rountree has recused himself.
And the Planning and Zoning Commission made no recommendation on this -- kind of
the stance of -- that we have -- that the city attorney has directed to take -- us to take at
this point is that we are not involved in this discussion and, therefore, there is no issue
related to it that affects us. And with that ambiguous staff report, I will answer any
questions you may have.
De Weerd: You will?
Canning: I will try.
De Weerd: Would the applicant like to comment? If you will, please, state your name
and address for the record.
Seal: Jonathan Seal representing the W.H. Moore Company, 1940 Bonito, Meridian.
Very briefly, because this is just a little bit, I guess, unusual here. Give you just a very
quick history on it. What started this process and probably hard to believe from looking
at this, about ten acres, that as we started to lay this out, as we had Sterling Bank and
some of the others committing to us, it became evident in the process that with the
access points off of Eagle -- or off Overland, I'm sorry, it would make it very difficult for
us to lay the site plans out for these various banks and fast foods and hotels with the
drive lanes and everything else working properly. As a result, we found out that ACHD
had excess right of way both on Eagle and Overland Roads. So, we approached them
about it, we were able to work out an arrangement, we even agreed upon a price, an
appraisal. They approved that back last week. Their position in this has been all along
that it is their right of way and, as you say, apparently, it's an issue between ITD and
ACHD. But I wanted to give you a little bit of the history behind it, the reason why we
are bringing this up, because for us it's very very beneficial to have right of way. So, I
think with that, I would simply ask, I think like Anna, that you allow this to simply move
on, I guess is the best way. I have never asked that before. But if you have detailed
questions on this -- Mr. Price, who is the attorney for ACHD is here and also Bruce
Mills with ACHD, and they could certainly answer you the more technical questions that
we have. And with that I just ask that it move on.
De Weerd: Well, now I know why we have the honor of Mr. Price's presence in this
meeting.
Nary: Madam Mayor?
De Weerd: Yes, Mr. Nary.
Nary: If I could maybe help clarify the city attorney's position on this from what Mrs.
Canning said. I don't think it was -- I don't think it was intended that the direction from
myself to her staff was to take no position. I think what I thought I communicated was
that the city didn't have an objection. Most of these that you see before you -- and I
think sometimes we have a discussion over the differences between vacation and
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October 11,2005
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easements versus vacation of right of way, vacation of easements are within the
jurisdiction of ACHD. What's currently in dispute isn't between the city and ACHD, it's
between the highway district and the transportation department. The city's position on
the majority of right of way vacations are we have no objection. It's ACHD ultimate
decision, that's what we would normally communicate to them. If you approved that, we
normally send a letter signed by myself indicating when the Council took that direction
and that we had no objection, they are free to go ahead and vacate that if they wish.
The only one recently that we had a concern that was addressed prior to that was the
vacation of the right of way on the creamery site. There was a portion of that alleyway
that was actual right of way that is within ACHD's jurisdiction, but the city did place a
caveat on their no objection that they move the sewer line to a different location. So,
that one's a slightly bit different. But, generally, this is no different than the other ones
you have seen in front of you where we have no objection to this vacation, we leave that
to ACHD to make that ultimate call. In this situation there is, obviously, another entity
that expressed a concern. This wouldn't be any different if there was a different
property owner that expressed a concerned over that right of way vacation. That would
be between the highway district and that property owner to address that. All the city is
required by statute is to comment on the city's position. If the Council is of a mindset to
concur with that, they can move to approve this vacation request and direct us to send
the letter that we normally would to ACHD, expressing our consent for this vacation to
occur.
De Weerd: Okay. Council, any further -- or any questions?
Bird: That cleared it for me.
Seal: Madam Mayor, Councilmembers, I want to just make sure -- I dropped off this
morning to the clerk's office a letter from Mr. Schweitzer, the director at ACHD, to Mr.
Moore in support and I think kind of spells out their position, too. So, hopefully, you
have had an opportunity with all the other letters in there to take a look at. But I think
that that also -- I think it's a strong testament.
De Weerd: Council, any questions--
Bird: I have none, Mayor.
De Weerd: -- of Mr. Seal?
Wardle: Madam Mayor, I don't see Mr. Price jumping up to comment on Mr. Nary's
comments, so if we have what appears the unlikely event that two attorneys can concur
on a single item, I would --
Seal: Mr. Price is more than willing to stand up.
Bird: Is there a third one here?
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October 11, 2005
Page 30 of 42
Rountree: We can get one.
Bird: I don't have any questions for--
Seal: All right. Thank you very much.
De Weerd: Thank you. This is a Public Hearing. Is there anyone else who would like
to provide testimony on this application? Okay.
Bird: Madam Mayor?
De Weerd: Yes, Mr. Bird.
Bird: Hearing no nobody jump up or need anymore testimony, I move that we close
Public Hearing VAC 05-014.
Wardle: Second.
De Weerd: Okay. Motion to close the Public Hearing on Item 9. All those in favor say
aye. With the abstention for -- or exclusion of Mr. Rountree.
MOTION CARRIED: TWO AYES. ONE ABSTAIN. ONE ABSENT.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move that we approve VAC 05-014 and have the city attorney write a letter
stating so to Ada County Highway District.
Wardle: Second.
De Weerd: Okay. Motion to approve Item No.9, with the direction as stated. Mr. Berg,
will you call roll.
Roll-Call: Bird, yea; Rountree, abstain; Wardle, yea; Donnell, absent.
MOTION CARRIED: TWO AYES. ONE ABSTAIN. ONE ABSENT.
Item 10:
Public Hearing: AZ 05-041 Request for Annexation and Zoning of 10.15
acres from RUT to R-8 zone for Woodburn Subdivision by Centennial
Development, LLC - 840 West Ustick Road:
Item 11:
Public Hearing: PP 05-041 Request for Preliminary Plat approval of 47
single family residential building lots and 10 common area lots on 10.15
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October 11, 2005
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acres in a proposed R-8 zone for Woodburn Subdivision by Centennial
Development, LLC - 840 West Ustick Road:
Item 12:
Public Hearing: CUP 05-042 Request for Conditional Use Permit for a
Planned Development for Woodburn Subdivision that includes
reductions to the minimum requirements for lot size, street frontage and
setbacks by Centennial Development, LLC - 840 West Ustick Road:
De Weerd: Okay. Thank you. Items 10, 11 and 12 are public hearings on AZ 05-041,
PP 05-041, CUP 05-042. I will open these three public hearings with staff comments.
Canning: Madam Mayor, Members of the Council, this is the Woodburn project. It's
located on the west side of Venable Lane, which is public on this side of the street. And
it's approximately 600 feet north of Ustick Road. The applications before you tonight
are annexation and zoning, preliminary plat, and Conditional Use Permit for a planned
development. As you can see, there is one existing house. Just to refresh your
memory, just to the north of the site was platted as Sienna Creek.
Rountree: Zoning?
Canning: I believe it's R-8. I'll go turn around and look. I'm getting a nod from the
applicant. I'm pretty sure it's R-8. Okay. The project that's before you is -- consists of
24 attached lots and, then, 23 detached single family lots and the PD includes a request
for reduced frontage and minimum lot size for both the attached and the detached lots.
And, then, also for the reduction is side setback for the attached. It's kind of assumed
that to have an attached lot you need to reduce that side setback. But, otherwise, they
haven't asked for a reduction in setbacks. The detached product lots go from -- are
requesting from 65 feet of frontage down to 50 and 6,500 square feet minimum down to
5,000 square foot minimum and the detached are asking for a reduction from 40 feet,
which is required frontage, to 28 feet, and from 4,000 square feet down to 3,600 square
feet. The gross density of the project is 4.63 dwelling units per acre and as amenities
the applicant is proposing usable open space that is 13 percent of the site. Playground
and a picnic area on an internal pathway system, which you can see here. This is
designated as a neighborhood center on the Comprehensive Plan and has a
designation of mixed use community, so in those areas we tend to be looking for a
minimum density of -- it says eight units per acre, so if you -- we figure that means a lot
size from -- between 3,800 square feet up to 5,500 square foot lots. So, this is
consistent with that Comprehensive Plan designation. They do have some elevations of
the proposed townhouses or the attached units. And there is condition that each
townhouse shall have an element of architectural relief, such as stucco, brick, or rock
and include vinyl shutters. The Planning and Zoning Commission has recommended
approval. They heard it on September 15th. Shawn Nickel spoke in favor of the project
and there were two folks there in opposition. They were Shane Baker and Katie Baker.
The primary issues of discussion were density and zoning of the subject property and
the adjacent properties, but there was no substantive changes to staff's original
conditions. To staff's knowledge there are no outstanding issues, other than those that
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October 11,2005
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were raised by the Bakers with regard to density. With that I will end staff's presentation
and answer any questions you may have.
De Weerd: Any questions for staff?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Anna, what is the zoning around there?
Canning: I believe it's R-8. Let me look real fast. I was incorrect. To the north it is R-8.
The Cedar Creek area is R-4.
Bird: Thank you, Anna.
Canning: That is Cedar Creek; correct? Yes. Yeah.
De Weerd: Okay. Would the applicant like to come forward? Would you state your
name and address.
Nickel: Good evening, Madam Mayor and Council. Shawn Nickel, 52 North 2nd Street
in Eagle.
De Weerd: Thank you.
Nickel: Representing the Woodburn Subdivision. Very briefly -- and thank staff for
helping with this. As stated, the existing zoning and density is kind of transitioning to
the south. This is all R-8 zone. This is an R-4. The Sienna Creek development was an
R-8 and as we move towards that neighborhood center that Anna spoke of, the density
is increasing slightly. We have 4.43 density dwelling units per acre in Sienna Creek.
Our proposed density on this is 4.63 and, again, we are moving towards that
neighborhood center and trying to increase that density per your Comprehensive Plan.
De Weerd: And, Shawn, across the street is the school-- an elementary school site?
Nickel: That is correct. It's zoned R-4 and it is the -- is it an elementary school or
middle school?
Rountree: That's a middle school.
Nickel: I think it's a middle school.
Canning: She means this site, Shawn.
Bird: Right down there -- you have got an elementary school right there.
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October 11, 2005
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Nickel: Yes, sir. And, then, this is the middle school. Right there.
De Weerd: Okay. And that's Sawtooth. That one's existing, the other one's not.
Bird: That's Sawtooth. That's already built.
Nickel: Yes.
De Weerd: Okay.
Nickel: So, again, we thank staff for their recommendation and their help. We are in
favor of all the conditions as proposed and I'll stand for any questions you have.
De Weerd: Council, any questions for the applicant?
Bird: I have none, Mayor.
De Weerd: Okay. Thank you.
Nickel: Thank you.
De Weerd: Is there anyone in the audience who would like to provide testimony on this
application? Certainly. You can testify on any application you would like to. Pardon?
Oh, yes, you get bonus points if you testify.
Nary: Wow.
De Weerd: You can step up to the mike. And we will need your name and address.
Bunshaw: My address?
De Weerd: Uh-huh.
Bird: Okay. My name is Rob Bunshaw and my address is 1433 East 5th Street.
De Weerd: Thank you.
Bunshaw: And I thought this was a by far good -- let's say diagram and I thought it was
a solid presentation.
De Weerd: Well, thank you.
Bunshaw: And thank you for having us.
De Weerd: We will make sure to send those minutes to your teacher.
Meridian City Council
October 11, 2005
Page 34 of 42
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Rountree: Hearing no other public testimony, I move we close Items 10, 11 and 12.
Wardle: Second.
De Weerd: Okay. The motion is to close the public hearings on Items 10, 11, and 12.
All those in favor say aye. All ayes. Motion carries.
MOTION CARRIES: THREE AYES. ONE ABSENT.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: Just got to do it.
De Weerd: At least you're consistent.
Rountree: I'm reading, watching, and listening to the fun that the sister city to the east is
having with these small lots in their community with the emergency work that they are
doing with their ordinances to get some kind of design review and consideration of
what's going on, 25 and 28 foot wide lots. We don't have design review in the City of
Meridian and that city does and they are having issues with it. I understand that's the
picture we see today, but the second or third owner of this, which can happen, unless
this is covered specifically in a conditional use, we don't have any design control when
we allow these small lots and we are getting to see more and more and more of them. I
just throw that out as a caution. I don't have any particular difficulty with this particular
application, but I think we need to start figuring out some language to put in the CUPs
and whatever controls we can have to make sure we don't have the same issues that
we are seeing in other communities.
De Weerd: Council, I do believe that staff's heard your message on -- on other higher
densities and have been asking each of the developers to provide elevations. These
elevations can be tied to the Conditional Use Permit and that is kind of the direction that
staff has gone, so that you see what the product is that is being approved and that will
be tied to the application. So, I hope that that gives you some feeling of comfort and we
will continue to do that. I believe that -- I have talked with staff and kind of bringing
some pictures and some ideas of what these can look like to get a better feel for what is
desired and what is not desired and we will be coming back with those kind of
opportunities for comment, because we certainly want a clear picture not only for staff,
but that staff can share with the development community.
Meridian City Council
October 11, 2005
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Rountree: Madam Mayor?
De Weerd: Yes, Mr. Rountree.
Rountree: I know that staff is listening to me, but I just have to make that point until I
see it in practice. I applaud the effort to go out and identify what it is that walks the
walk, posting it on the bulletin board in the lobby would be great, that if this is yours, a
pat on the back, if this is yours, try again. The developers need that as well. I think
they need guidance and direction as to what is and is not acceptable. And that's only
fair. But I think we need to get after this, because we are seeing this stuff 10, 15, 30,
40,60 lots at a time and it will get out of control before we get it in control.
De Weerd: I think one other thing that Mr. Rountree has brought up that we also
learned from the speaker that came and talked about higher density, is the experience
of the developers, or the ones that will be developing those communities. I think that
information as well will be helpful to Council to have at the time, so that they know who
will be building these and what the verification is.
Wardle: Madam Mayor?
De Weerd: Mr. Wardle.
Wardle: Just to touch on some of the comments that Councilman Rountree made and I
-- my concern is not, obviously, with this project, but for the future and the second and
third owners of these also for the market conditions. One of the things that we are -- we
are approving a lot of term skinny lots. Certainly in the community of Meridian we are
growing fast enough that we will see many of these built within months of platting -- of
final plat. However, some of those considerations down the road -- and I know that
Anna's got a group which she's coined PIG Two; is that correct?
Anna: PIG Two would be the Public Works. Mine is just PIG.
Wardle: In any case, we have had a lot of good feedback from the development
community. Might be somebody to talk about, one, how do we get better developments
that will stand the test of time and, secondly, what if the market calls for larger lots, what
would be the process to go back and re-approve those, do they get bigger? How does
that fit within a community of smaller lots. Those are some of the considerations I think
that we need to look at down the line.
Canning: Madam Mayor? I have not shared this with Council, so just so you know, it's
on my to do list, maybe within the next year, but fairly quickly. You saw the downtown
design guidelines that for now apply to all of Old Town. We are trying as quickly as
possible to get a second set of design guidelines to you that -- so those ones you
approved just apply to the downtown core, for which they were really written. And we
will have another one for the commercial areas that addresses some of the additional
concerns and needs in that area. There is a third set of design guidelines I do plan to
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October 11, 2005
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work on as soon as I get that other -- the second set done and that third set would be
the residential ones for what fits on the Old Town lots, what fits as a good neighbor to
the commercial development that's outside the downtown core, and also what fits in
those traditional neighborhood residential. I forgot to mention the second set of design
guidelines will also apply in the traditional neighborhood commercial districts. So, then,
the third set needs to be the residential for the Old Town area, as well as the residential
for the traditional neighborhood residential. So, there is -- there are some design
guidelines that we want to work on in the future. There has been a lot of great work
done -- the city of Portland did a great job looking at what kind of units can go on long
skinny lots and I think we can capture a lot of that and decide what's appropriate for the
City of Meridian based on their work. So, I think that we will have a good start on a lot
of that. No need to reinvent the wheel, basically, and we will try and get those before
you. The commercial ones you should see very quickly. The residential ones may take
us a little longer to get, but it is on the to do list. It's, actually, on position accountability
definition, so --
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: What is the smallest -- the thinnest in this -- with a subdivision like this? Forty-
eight feet, isn't it?
Canning: This one -- well, it says 28 feet, but I'm assuming that's -- most of them are
40. Yes.
Bird: Well, most of them are 40, but, then, you run into the 28 footers. And that's what -
- that's what the city to the east are having problems with and what we will have with
Old Town. We have got some 20 and 25-foot wide lots in Old Town. When you try to
come in and stuff a building in one of those, you -- you are asking for problems.
Canning: I'm sorry. The applicant clarified for me -- the skinniest detached lot is 50
feet. The skinniest attached lot would be one of the interior lots on the townhouse and
that's the 28 feet. So, those aren't going to be developed as detached lots, those are
attached.
Bird: You'd have a hard time putting those off and putting a skinny deal in. So, 50 feet -
- okay. I have no problem with it, but Councilman Rountree brought up a very good
point, we -- we keep -- we get these skinny lots out there and pretty soon 30 years from
now we are going to have the same problem Boise has had. Old Town we are going to
have that problem if they start splitting off lots, because there is some 25-foot out there
in Old Town.
De Weerd: Staff will be meeting with the Process Improvement Group that helped put
the UDC and clarifying the traditional neighborhood district on Thursday and, you know,
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October 11, 2005
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Anna, might be a discussion on -- if any of those would like to continue on and provide
some feedback and expertise on this as well.
Canning: Yes. And we had come up with a tentative list for the commercial design
guidelines that we were going to run by you, but I will query them and ask them -- we
picked a couple of them, but we will ask all of them. That's a good idea. I will do that.
De Weerd: Okay. Thank you.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Hearing no more, I would move we approve AZ 05.041, with the Findings and to
incorporate staff, applicant, and public testimony.
Wardle: Second.
De Weerd: Okay. Motion to approve Item No. 10. If there is no further discussion, Mr.
Berg, will you call roll.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, absent.
MOTION CARRIED: THREE AYES. ONE ABSENT.
De Weerd: Thank you. Mr. Bird, Item 11.
Bird: Madam Mayor, I move we approve PP 05-041, incorporate the Findings and
incorporate staff, applicant, and public testimony.
Wardle: Second.
De Weerd: Motion to approve Item 11. Mr. Berg.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, absent.
MOTION CARRIED: THREE AYES. ONE ABSENT.
De Weerd: Item 12.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we approve CUP 05-042, include Findings, and public, applicant, and staff
comments.
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October 11,2005
Page 38 of 42
Wardle: Second.
De Weerd: Motion to approve Item 12. Mr. Berg, will you call roll.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, absent.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 13:
Public Hearing: RZ 05-018 Request for a Rezone of 71.24 acres from I-L
to C-G zone for Crossroads Shoppina Center, Presidential
Subdivision and Reagan Subdivision by the City of Meridian -
southeast corner of Eagle Road and Fairview Avenue:
De Weerd: Thank you. Item 13 is Public Hearing RZ 05-018. I will open this Public
Hearing with staff comments.
Canning: Madam Mayor, Members of the Council, this is a staff-initiated rezone of the
Crossroads property. It's the area highlighted here along Fairview and Eagle down to
Pine Street. Portions of it have been -- are un-platted and others have been platted as
Presidential and/or Reagan Subdivisions. I'm not going to go into great detail, because
I think most of you know the history of this. It's currently zoned I-L, even though it's
approved for a number of uses and the primary built out use has been commercial. So,
at the direction of Council, staff has initiated this rezone to C-G. The Planning and
Zoning Commission did recommend approval at their September 15th hearing. Andy
Simons testified in favor of the application. No one testified in opposition and no one
commented. There was no key issues of discussion and to our knowledge there are no
outstanding issues before Council.
De Weerd: And this is staff initiated?
Canning: Yes.
De Weerd: Okay. Any questions for staff?
Bird: I have none, Mayor.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: This has been on our books as I-L for a number of years. And I agree with
what we are doing, but it concerns me somewhat as we look at our inventory of I-L and
conversion of it to C-G, we have had some kind of a distorted percentage, because this
is a fairly good size piece of property that's now coming off the books. So, have you
taken a look at where we are with our inventory of I-L property and are we getting out of
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October 11, 2005
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balance and should we start looking at that with the loss of this amount of property on
record, anyway?
De Weerd: In your wisdom you funded a study for this year.
Rountree: I understand that. But I mean you're reporting this stuff with this in the data
base as I.L.
Canning: This was one of the reasons this property, in general, including the property
across the street, and over here, that prompted that, because we did recognize that a
lot of the stuff that's zoned I-L is not being used for it and when we develop that study,
which is listed as our third priority, so it may take us a little while to get there. But when
we develop that, we will work with the -- whoever is undertaking that study, so that they
understand that just because it's shown I-L on our map doesn't mean that that's
industrial property. So, we will work with them to identify the truly industrial property
versus those that are similar to this.
Rountree: Madam Mayor, follow up. Any future computations as it relates to I-L and I-L
inventory in the city will reflect these properties coming out of the inventory, so we are
looking at percentages, if you're just doing quick and easy math, you will quick and
easily not consider these --
Canning: Yes, sir. And--
Rountree: -- until the study is done and, then, we will have it--
Canning: Right. And once this one is cleaned up, really, the only -- the remaining one
tends to -- is right across the street, for the most part, and that was more hopscotch,
though. It wasn't -- it wasn't as easy a rezone to do, but one of our future tasks, I would
imagine, would be that we get that area cleaned up as well in some fashion, but --
Rountree: Thank you. Madam Mayor, if there is no further discussion, I would move
that we approve Item 13.
Bird: Second.
De Weerd: We still have an open Public Hearing.
Rountree: Is it still open? Then, I will move that we close the Public Hearing.
Bird: Second that.
De Weerd: Well, I would first like to ask if there is anyone who would like to provide
testimony.
Bird: Well, these kids would like to provide testimony; right? Come forward.
Meridian City Council
October 11,2005
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De Weerd Okay. I don't see anyone..
Rountree: Seeing no further discussion, I move we close the Public Hearing for Item
13.
Bird: Second.
De Weerd: Okay. Motion to close the Public Hearing on Item 13. All those in favor say
aye. All ayes. Motion carries.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Rountree: Madam Mayor, I move that we approve Item 13.
Bird: Second.
De Weerd: Okay. Motion to approve Item 13. Mr. Berg, will you call roll.
Berg: Thank you, Madam Mayor, Members of the Council. I'm sure this includes the
Findings that we have prepared for us.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, absent.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 14:
Ordinance No. 05-1188 : Distribution
Pseudoephedrine Products (2nd Reading):
of
De Weerd: Okay. Item 14 is Ordinance No. 05-1188. Mr. Berg, will you, please, read
this ordinance by title only.
Berg: Thank you, Madam Mayor, Members of the Council. Ordinance No. 05-1188, an
ordinance enacting a new Meridian City Code, Title 6, Chapter 3, Section 11, to set
limits on the over-the-counter distribution of certain Pseudoephedrine products.
providing a penalty, providing a savings clause, and providing an effective date.
De Weerd: Okay. This is the second reading of this ordinance. We will have a third
reading on our next agenda item next week, so I do not need any Council action at this
time.
Nary: No.
Item 15:
Ordinance No. 05-1189 : AZ 05..012 Request for Annexation
and Zoning of 6.34 acres from RUT to R-4 zone for EI Gato Subdivision
by C2B Development, LLC - 701 Black Cat Road:
Meridian City Council
October 11, 2005
Page 41 of 42
De Weerd: Okay. Item 15 is Ordinance No. 05-1189. Mr. Berg, will you, please, read
this ordinance by title only.
Berg: Thank you. Madam Mayor, Members of the Council. Ordinance No. 05-1189,
an ordinance, EI Gato Subdivision for annexation of property located in a portion of the
northeast quarter of the southeast quarter of Section 9, Township 3 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 said lands from RUT
to R-3 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 wavier of the reading of the rules and providing an effective date.
De Weerd: Thank you, Mr. Berg. You have heard this ordinance read by title only. Is
there anyone who would like to hear it read in its entirety? Thank you. Council, hurry
and pass it.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we approve Ordinance 05-1189, with suspension of rules.
Rountree: Second.
De Weerd: Okay. The motion is to approve Item 15. Mr. Berg, will you call roll.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, absent.
MOTION CARRIED: THREE AYES. ONE ABSENT.
De Weerd: Thank you. Well, that's the end of our agenda. Council, I would entertain a
motion.
Bird: Madam Mayor, before I entertain a motion I want to compliment a bunch of young
16, 17 year old kids that --
De Weerd: Oh, they are older than that.
Bird: Sixteen, seventeen? They aren't either. There might be a few 18s. How many of
you are 18? Two 18s. Most of you are 16, 17; right. Okay. Anyway, I just want to
compliment you for being in here and sitting there being so quiet. I know you're this way
in class; right? And Friday night we are going out and we are going to kick Mountain
Meridian City Council
October 11, 2005
Page 42 of 42
View all over the field; right? The clerk don't believe that, but we -- we are going to,
right, guys?
De Weerd: Mr. Bird, I would remind you that we represent both high schools.
Bird: I know that, but I happen to be -- these kids happen to be from Meridian. I want
their votes.
De Weerd: I would say that my daughter goes to Meridian High, but -- to make this
easier on Dean, I would entertain a motion.
Rountree: So moved.
Bird: Second.
De Weerd: Okay. All those in favor? Thank you.
MOTION CARRIED: THREE AYES. ONE ABSENT.
MEETING ADJOURNED AT 8:50 P.M.
(TAPE ON FILE OF THESE PROCEEDINGS)
II / ( / tJ7
DATE APPROVED