HomeMy WebLinkAbout2006 11-21
Meridian City Council Meetina
November 21. 2006 .
A meeting of the Meridian City Council was called to order at 7:00 P.M., Tuesday,
November 21,2006, by Mayor Tammy de Weerd.
Members Present: Mayor Tammy de Weerd, Shaun Wardle, Keith Bird, Joe Borton,
and Charlie Rountree.
Others Present: Bill Nary, Will Berg, Anna Canning, Brad Watson, Len Grady, Joe
Silva, Bill Musser, and Dean Willis.
Item 1:
Roll-call Attendance:
Roll call.
X Shaun Wardle
X Charlie Rountree
X
X Joe Borton
X Keith Bird
Mayor Tammy de Weerd
De Weerd: Okay. We will go ahead and get tonight's meeting going. Welcome to City
Council meeting. It is Tuesday, November 21 st. And I don't know why I say that. For
the record? For the tape? And it is 7:00 o'clock. I will start tonight's meeting with roll
call attendance.
Item 2:
Pledge of Allegiance:
De Weerd: Tonight we will be led in the pledge by a City Council regular. Ralph, would
you please, lead us in the pledge. All rise.
(Pledge of allegiance recited)
Item 3:
Community Invocation by Pastor Bud Henthorn with Meridian Gospel
Tabernacle:
De Weerd: Okay. Item NO.3 is our community invocation. Tonight we will be led by
Pastor Bud Henthorn with the Meridian Gospel Tabernacle. If you will, please, join us in
the invocation or take this as an opportunity for a moment of silence. Pastor. And
afterwards you can collect your notebook.
Henthorn: Thank you. I will. Heavenly Father, it is intriguing to think that people who
have suffered the greatest adversity tend to be more grateful than those who have
enjoyed the greatest prosperity. God, as we approach this holiday season, we are
aware of the incredible blessings, incredible prosperity that we have here in this place.
Father, I pray tonight that you would help each one of us to know what it means to be
truly grateful. God, I can't help but remember the times that I have sat in traffic and
complained when a third of the world's population will never ride in a car, let alone own
one. God, I think of the times that I have complained even about my own children.
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November 21, 2006
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When I realize how precious and valuable they are and what a gift they are to me, I am
ashamed. God, when I think that we have the privilege and the honor of the blessing of
having a voice in our government and, then, complain that we don't get our way, rather
than being grateful that we were heard. I ask you, Father, tonight to fill our hearts with a
sense of awe and a sense of gratitude. God, I think of the times that we have been
angry that we couldn't afford the payment on the boat, when there are people that -- all
over the world that are in such need. Father, as we approach you tonight and as we
approach the business that is at hand here this evening, let us remember that no matter
what the outcomes are, we, as a people, are truly blessed and we as individuals should
be truly grateful. We ask it in Jesus' name, amen.
Item 4:
Adoption of the Agenda:
De Weerd: Thank you, Bud. Good reminder of Thanksgiving and everything we do
have that we are thankful for. And I'm thankful to serve with you all and serve with our
staff. So, with that said, adoption of the agenda, Mr. Bird.
Bird: Madam Mayor, in our Consent Agenda we have Resolution No. 06-541 and 06-
542. In the regular agenda Item 8 has been asked to be continued to the 5th of
December, '06. Items 10, 11, 12, and 13 have been asked to be continued to
November 28th, '06. Item 16, 17, 18 are ordinances that would 06-1274, 06-1275, and
06-1276. And on No. 19, our Executive Session, the attorney has asked to also include
(1) (f) as one of the reasons. With that I move that we accept the agenda.
Rountree: Second.
De Weerd: Okay. I have a motion and a second to approve the agenda as stated. All
those in favor say aye. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Item 5:
Consent Agenda:
A. Findings of Fact and Conclusions of Law for Approval: AZ 06-
041 Request for Annexation and Zoning of 8.95 acres from RUT to
an R-8 zone for Harpe Subdivision by Larry C. Harpe - 4715
North Locust Grove Road:
B. Findings of Fact and Conclusions of Law for Approval: PP 06-
042 Request for Preliminary Plat approval of 24 residential lots and
3 common lots on 8.95 acres in a proposed R-8 zone for Harpe
Subdivision by Larry C. Harpe - 4715 North Locust Grove Road:
C. Findings of Fact and Conclusions of Law for Approval: AZ 06-
032 Request for Annexation and Zoning of 29.31 acres from RUT
to an R-8 zone for Trilogy Subdivision by Conger Management
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November 21, 2006
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Group - south side of Chinden Boulevard and east of Black Cat
Road:
D. Findings of Fact and Conclusions of Law for Approval: PP 06-
032 Request for Preliminary Plat approval of 148 single-family lots
and 14 common / other lots including 2 private street lots on 28.17
acres in a proposed R-8 zone for Trilogy Subdivision by Conger
Management Group - south side of Chinden Boulevard and east of
Black Cat Road:
E. Findings of Fact and Conclusions of Law for Approval: VAR
06-023 Request for a Variance to UDC 11-2A-5 to allow the front
setback to be reduced to ten feet from the back of sidewalk for
porches and side loaded garages for all phases of Crossfield
Subdivision by Heron River Development, LLC - 955 West Ustick
Road:
F. Findings of Fact and Conclusions of Law for Approval: RZ 06-
009 Request for a Rezone of .57 acres from an I-L zone to an R-8
zone for Vicki Garton by Vicki Garton - 435 W. Broadway
Avenue:
G. Resolution No. 06-541 VAC 06-013 Request for a
Vacation of the public utility, drainage & irrigation easement
common to Lots 26 & 27, Block 1 of Lochsa Falls Subdivision No.
~ by Wayne Barber - 1660 West Glad Creek Street and 3906 North
Cougar Flat Avenue:
H. Resolution No. 06-542 CPA 06-004 Request for a
Comprehensive Plan Amendment to modify the definition of "Office"
by removing the last sentence of the description (see Chapter VII,
page 106, June 2006 printing of the Comprehensive Plan) for
Office Designation Text Amendment by the City of Meridian
Planning Department:
I. Addendum to Development Agreement: MI 05-009 Request for
Miscellaneous application for approval to remove the Preliminary
Plat, Final Plat and Development Agreement requirement for a 20
foot landscape buffer on the southern boundary of the property for
Olsen Bush Subdivision No.2 by R2 Development, Inc. - west
end of East Lanark Street:
J. Development Agreement: AZ 06-028 Request for Annexation
and Zoning of 4.43 acres to an R-15 (Medium High-Density
Residential) zone for Touchstone Place Subdivision by Horizon
Development - 1187 East Fairview Avenue:
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November 21, 2006
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K. Development Agreement: AZ 06-013 Request for Annexation
and Zoning of 21.77 acres from RUT to R-15 zone for Canterbury
Commons Subdivision by America West Homes, LLC - south
side of Pine Avenue and east of Ten Mile Road:
L. Change Order for Asbestos Abatement and Demolition not to
exceed $35,556.30 for Additional Asbestos found not on
Original Haz-Mat Survey with Ideal Demolition Services, LLC:
M. Approve Beer and Wine License Applications for JMS Services
Group. Inc. dba Mv Caffe at 450 S. Meridian Road, Suite 15:
N. Reimbursement Aareement for Construction of Approximately
450 Feet of Water Main Offsite & Fronting Arnke Subdivision
with MCA Construction for $19,263.00:
De Weerd: Item 5, Consent Agenda. Mr. Bird.
Bird: Madam Mayor, I move we approve the Consent Agenda as published, which
includes Resolution 06-541 and 06-542 and for the Mayor to sign and the Clerk to attest
on all papers.
Rountree: Second.
De Weerd: Okay. We have a motion to approve the Consent Agenda. If there is no
discussion, Mr. Berg, will you call roll.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea.
MOTION CARRIED: ALL AYES.
Item 6:
Department Reports:
A. Public Works Department
1. Recommendation of Construction Manager for Water
Division Building Project:
De Weerd: Okay. Item 6 under Department Reports, tonight we will start with Len
Grady. Or Brad. You know, Brad, your name is on here almost every week and, finally,
I look over there and saw Len and there you are.
Watson: Got to keep you on your toes.
De Weerd: Thank you for the challenge.
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November 21, 2006
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Watson: Thank you, Madam Mayor, Members of the Council. I'm here to seek your
approval on the next step of the water division building. In October we solicited
statements of qualifications from construction managers. As you recall, we did do a
hard bid in August and those came in over budget, we rejected all those bids, and
decided to go this route. We received two statements of qualification, one from CSDI
and another from Kreizenbeck Constructors. The committee that was formed to
evaluate those and to go through the interviews was Rick Clinton, Chip Hudson, Keith
Watts, Kyle Radek, and myself. We interviewed those two firms last week and based
on those interviews we ranked them and we ranked Kreizenbeck as our first choice,
followed by CSDI, they are both very well qualified. So, I'm here tonight to seek -- per
statute to seek your approval to begin the negotiation process with Kreizenbeck for the
Water Division building. With that I will answer any questions you might have.
De Weerd: Council, any questions? Okay.
Rountree: Madam Mayor, I move that we approve Public Works to begin negotiations
with Kreizenbeck in construction management activity for the Water Division building.
Bird: Second.
De Weerd: Okay. I have a motion and a second to approve the recommendation in
front of you. Any discussion? Mr. Berg.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea.
MOTION CARRIED: ALL AYES.
B. Parks Department
1. Request for Budget Amendment to Change Two Part-
Time Office Assistant Positions into One Full-Time
Position:
De Weerd: Thank you. And thank you, Brad. I'm sure your Water Department
personnel appreciates moving forward with this. Okay. Item 6-B, Parks Department.
LeAnna.
Thomas: Thank you, Madam Mayor, Members of the Council. I'm here to request a
budget amendment relative to changing our two part-time assistant positions in our
department to one full-time position and we actually have a unique opportunity where
both of our part-time positions have been recently vacated as of yesterday and we see
a great advantage of pursuing a full-time position, whereas specifically we would be
able to close the gap between those two positions -- there was always an hour over -- in
the afternoons where those two positions never met and there was some things that we
could tighten up with the full-time position and we also -- as the department has grown
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November 21, 2006
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and we anticipate further growth with program development and parks being developed
and information that needs to be disseminated to the public, we would like to move
forward in creating a full-time position. Is there any questions from Council?
De Weerd: Council, any questions? Thank you. Mr. Borton.
Borton: Madam Mayor, I move we approve the requested budget amendment for the
Parks Department, changing two part-time assistance to one full-time position in an
amount of 13,068.
Wardle: Second.
De Weerd: Okay. I have a motion and a second to approve the request in front of you.
Is there any discussion? Hearing none, Mr. Berg.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea.
MOTION CARRIED: ALL AYES.
C. Planning Department
1. Request to Develop 5684 Overland Road Without City
Services:
De Weerd: Okay. Item 16-C. LeAnna, thank you for joining us. Planning.
Canning: Madam Mayor, Members of the Council, our Comprehensive Plan says that
when someone that is within the area of city impact, but is not able to annex, wants to
develop the property without sewer and water, that they first must come to you and
speak to you and, basically, gain your approval one way or the other. We have Mrs.
Grime here tonight who has a property in question that they want to propose to you and
I will bring it up on the Comprehensive Plan while she's talking. I forgot -- my secretary
was gone today and I don't know how to make vicinity maps, so I forgot to get one. But
I will bring up the Comprehensive Plan while she's talking and get that up. And that was
all I had. I can answer any questions after she's presented it to you. I can answer any
questions you may have.
De Weerd: Okay. If you will, please, state your name and address for the record.
Grime: Certainly. Good evening. My name is Evelyn Grime and my address is 720
Idaho Street, Suite 20, 83702. And as an aside, Anna, would this help for an overhead?
Would this save us some time?
Canning: No.
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November 21. 2006
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Grime: Okay. Fair enough. Thanks for the time tonight. We requested a session on
November 7th and Tara was great in getting us coordinated with your agenda and it
would be easiest to talk about this with a map and I'm not familiar with your layout, so
maybe we can give Anna just a minute. Our context is that this 20 acre property is on
Overland, west of Black Cat, about 1,400 lineal feet, and its significant boundaries are
the Ridenbaugh Canal and Overland. So, it's at the edge of the current impact area
identified by the Comprehensive Plan. And our contours are such where Overland
Road actually sits about 26 feet, as an average above the average contour of the
ground. So, there is a significant grade change as well. What we are looking to do
tonight, today, and over the next several months is subdivide this more towards the four
parcels of five acre ranchettes, which are complimentary and continued pattern of
what's happening directly west and a little bit to the east along Overland Road. So,
what we are proposing for today is a continuation of what's happening out there today.
And I wonder if it would just be helpful to give Anna a little more time to close in,
because I think a picture is worth a lot of words and I have a lot of words, but that
doesn't mean you want to hear them. Some other items of context, too. Again, we
have significant boundaries with the Ridenbaugh Canal and with Overland Road. The
Ridenbaugh Canal bounds this property on two sides. It is, actually, the northern
boundary and the eastern boundary. And, then, Overland Road is the southern
boundary on the west side of this property and continuing west is already a pattern of
five acre to seven acre parcels, single family homes, and part of our premise is that
through additional subdivision into four more five acre pieces, that also lays a natural
puzzle piece in place for additional subdivisions and high density development when
Meridian city grows to that -- to that edge, but, you know, it's a stepping stone, it's not a
derivative, it's not something that takes away from your goals in the Comprehensive
Plan, I think it's an interim step that meets the needs of the current neighborhood, but
provides a basis for additional in-fill in 10, 15 years. The only point of access is from
Overland Road with the configuration of the Ridenbaugh Canal at this site -- now we are
getting closer -- to pull in a side street or connect just here on the left.
De Weerd: There is a pointer in front of you.
Grime: Oh, boy. I'm dangerous with these. Let's try this. Okay. So, here is the
Ridenbaugh Canal. This is Overland. And here is Black Cat. So, our parcel is this
piece right here. These pieces are, again, five to seven acre pattern of development, as
are these pieces, these little more dense areas are one acre pieces, and on the south
side of this is either five acre or, you know, greater than a 20 acre development at this
time. Arid, again, our contours are such that Overland Road is an immediate six to
seven feet above this property right at its edge, at its road edge, and, then, as you travel
just into the site you drop off to about 26 feet pretty quickly, this being the low spot, and
I think from a sewer design per municipal services, this will be its own challenge, this
area in here, just for natural contours. But, again, our goals today are to create four
additional home sites similar to this pattern and this pattern and this piece right here.
Because of the Ridenbaugh Canal bounding the three -- you know, this side and this
side, interconnectivity between streets from anything over here and anything over here,
is not immediately apparent, but you could see where future development could connect
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November 21, 2006
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internally between the four sites and in five acre pieces, take the pattern and apply it
here, one, two, three, four. Again, you have got the ability to evolve this into the next
step of density when the time comes, but for now to do five acre parcels here would not
impede anything in the future I don't believe. Something that I did bring -- I'm not sure if
there would be a way to present this or not -- and I will just submit it for the record,
perhaps -- is photographs of the site today taken a few days ago, that show not only the
contours and the lay of the land and the type of neighborhood it is today -- thank you.
But also shows that, you know, some of these homes were built last year. They are
nice. They are new. This is not an old tired neighborhood waiting for rejuvenation. Too
much coffee. This is a current neighborhood. This is where people are going for that
five acre ranchette and they want some ground to maybe do a little bit of agriculture, do
a little bit of horses, do a little bit of A TV and just have their own small place, but enough
ground to still have the responsibility and not be able to leave for holidays.
De Weerd: Can you tell me where the gravel pit is?
Bird: It's across the -- back the other way.
Canning: Here is Overland.
Bird: It's right up Slack Cat, just as you go over the -- over the freeway. It's right there
before you get to Overland Road. It sits off to the east side of Black Cat.
Canning: This is all the gravel pit in this area here. So, here's --
Bird: That's Black Cat.
Grime: So, I think our property is -- it's over there. Yeah.
Canning: I will go back to the other one.
Grime: Again, our primary objective tonight is to discuss this with you and, you know,
answer any questions. I just think, really, to propose that this is an interim puzzle piece
and doesn't impede anything that could happen in the future, but supports what can
happen there today. So, we have several -- we have had our neighborhood meeting as
required by Ada County for the subdivision process and the neighbors that came were
concerned about anything smaller than five acres and many -- thank you -- proposed
that -- you know, they'd like to see the five acre pattern that you see here, this is west of
the property. The property is just behind this photograph to the right. This is the
property looking from the road and you can see the contour change start to happen
pretty quickly there. This is already about halfway down the slope from the road and
you can see the development pattern coming towards -- this is a new house. This is
right next door on the west to the immediate lot to the west. And, then, this is, again,
standing at the first step of the steep slope and, then, it goes a little more gently down
as you're going away from the road. This is Overland Road looking east. In the bottom
photograph it's -- again, that's the initial drop off and, then, the slope. So, you're looking
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November 21. 2006
Page 9 of 43
up at Overland Road. Robert took these pictures and you're six foot? Anyway, sense
of perspective. How tall would you like to be? With his boots on. And, then, this is
looking east. Right now a certain part of this is a tree farm. Anybody want a blue
spruce? Then, again, you see existing patterns north of -- northeast of the Ridenbaugh
Canal. Those are the one acre lots that you can see there. Again, I think that, you
know, is this a solution for 20 years from now? No. Depending on how we grow and
what choices you make. But as a rural transition and for what happens in our current
neighborhood, I think it's a good fit and I don't think it impedes anything that can happen
in the future. So, with that I would be happy to stand for questions. I'm not exactly sure
what we are -- I mean I know we want to have this dialogue, but I haven't had this
dialogue with you before, so --
De Weerd: Thank you.
Grime: -- I'm floundering a little bit.
De Weerd: Council, do you have any questions?
Bird: I have none.
Rountree: Madam Mayor, I probably have process questions, but not development.
De Weerd: Okay.
De Weerd: Okay. Mr. Nary
Nary: I was going to suggest you ask Anna.
De Weerd: Some process questions. What is the process? Where do we go from
here?
Canning: The Comprehensive Plan says that they should come and ask you whether or
not, basically, you're opposed to it is what it boils down to. If you are opposed to them
going forward with the five acre lots, I will -- when Ada County Development Services
sends out transmittals, I will say that we are not in support of it and go from there. If you
are in support of it, then, I will let them know. It's, really, just a response to Ada County
Development Services.
De Weerd: Okay. So, Council, at this point the question in front of you is do you
support this going forward?
Borton: Madam Mayor?
De Weerd: Mr. Borton.
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November 21, 2006
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Borton: Another question, Anna. Is there any specific information other than that that's
helpful to them to hear from us? I'm in support of it generally. It's a real vague, general,
support, so is that what they are looking for?
Canning: Yes. I would probably add, because of -- my thoughts on this one that I
would be -- of course support whatever Council wants to say, but in this case I think that
the existing development pattern, particularly on the north side of Overland, does not
lend itself to redevelopment. Once these five acre lots are in, in all honesty I don't think
that will ever redevelop. Normally, that would be a concern to me, but because
everything else is already developed around it, essentially, the properties to the north in
here -- I mean this is just -- these are gullies facing the freeway. The development
potential was -- really doesn't exist in that area. So, for that reason I could see
supporting this request. because it -- sewer has to come all the way around passed the
gravel pit, which is the most likely place for it to occur and, then, over into this area. It's
just not likely to happen anytime soon and I think that the five acre lots probably fit in
well to that pattern of development and that's what I would say and that we were
anticipating them to redevelop and it's at the edge of a service area.
De Weerd: Thank you. Okay. So, just a general aye for the--
Rountree: Do we need a motion?
Canning: It would be helpful. I can say that you made a motion in the letter.
Rountree: Madam Mayor?
De Weerd. Mr. Rountree.
Rountree: I move that we direct the planning administrator to notify Ada County
Development Services that per the information provided to us this evening, Meridian
City Council generally favors the development of this parcel into five acre subdivision
lots.
Bird: Second.
De Weerd: Okay. We have a motion and a second. We will ask --
Wardle: Madam Mayor?
De Weerd: Yes.
Wardle: Madam Mayor, just a quick clarification for the motion. I believe part of that
recommendation is going to allow the development without city services. Wasn't that
the issue, Anna?
De Weerd: Okay. Mr. Berg, I will ask for a roll call.
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November 21. 2006
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Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea.
MOTION CARRIED: ALL AYES.
D. Legal Department
1. Discussion of Arts Commission Ordinance:
De Weerd: Thank you, Mrs. Grimes. We appreciate you coming here tonight. You do
really good ad lib and -- thank you. Okay. The next item on our agenda is our legal
department. I'll turn this over to Mr. Nary.
Nary: Thank you, Madam Mayor, Members of the Council. If you don't recall, these are
three ordinances in front of you. At last week's pre-Council meeting the direction was to
bring that back for one more look and any opportunity to provide some input. If they are
acceptable to you with the ordinances, we can put them on for one reading. We can
accelerate the readings if you wish to capsulize what we have discussed to this point on
the Arts Commission ordinance. It hasn't changed, other than the membership has
changed a little tiny bit and, basically, the make up of the commission says a minimum
of five, up to nine members of the commission -- I'm sorry, nine member commission.
How that's configured initially, as you put it into the place and make it as a -- sort of a
planning group initially to get it started, is really up to you and the Mayor as to how that
gets done. It allows for a youth member. There was some discussion last week about
making that one position to be reviewed annually, whereas the other positions would be
for three years at a time. The staggered membership, I can certainly add that language
into this. That it does allow for one member to be a resident of the area of impact, one
member, no more than two -- again, it's discretionary, it doesn't have to have -- it
doesn't require an impact area member. It also has a provision that would allow one at
large member. It doesn't necessarily have to be a city resident or even a resident of the
impact area. My thinking was because of the unique nature of this commission, there
may be people in the arts community who maybe have a relationship with Meridian, but
may not live in Meridian. They may be involved with the symphony or they may be
involved with New Heritage Theater or they may be involved in some other fashion with
the city, but they may live -- they may live outside the city limits or they may not live in
the impact area and it may make sense to have, again, one or up to two people of the
nine member commission be a part. But, again, that's at your discretion. Other than
that, most of the other stuff is pretty routine, things you have seen before, we have
discussed previously, but that's the only one that's changed a little bit that we have
talked about some. So, I'll take your direction and move that one more forward. If you
want to talk about that one first before we talk about the other two, whatever your
preference is.
De Weerd: Council, how would you like to --
Bird: One at a time.
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Novem ber 21. 2006
Page 12 of 43
De Weerd: One at a time. Okay. Any comments?
Borton: Madam Mayor?
De Weerd: Yes, Mr. Borton.
Borton: There was one topic came up in the Parks and Rec. Commission meeting last
Wednesday was whether or not the membership provisions be -- could include using
the discretionary may language, that a Parks and Rec. Commission member may be --
serve as a liaison, an ex officio, they had some concern, because their involvement in
some of the public art being placed within parks, they might want to have, and perhaps
inclusion of the -- of a may I think opens the door for that. should the Mayor be so
inclined.
De Weerd: And, Council, I was present during that discussion and, you know, I guess
my -- my thought was when there is art in the park to be part of that discussion certainly
the commission should be talking to one another and that's where we came up with the
ex officio or a liaison. I don't know if it specifically needs to be listed in the ordinance.
That certainly would be a preference thing for you all.
Wardle: Madam Mayor?
De Weerd: Yes, Mr. Wardle.
Wardle: I guess one of the questions I have about the comment -- Mr. Nary, does the
current language exclude a Parks and Recreation Commissioners from being part of
this commission?
Nary: Madam Mayor, Members of the Council, Councilmember Wardle, not specifically.
I mean what we could do instead is number where it says one member of the City
Council may serve as a liaison of the commission, we could say that the Mayor, with the
approval of the Council, can appoint as many ex officio members as you want, as long
as the Mayor wants to do that and the Council is okay with it, they don't have a vote, if
they fluctuate with -- depending on the interest or depending on the job, that would allow
that. It doesn't require a Council member has to be at this. That's why I put may
language, instead of shall, because it may not necessarily be something you want to
have a Council member participate in all the time and we could certainly do the same
with the Parks Commission. It just doesn't specifically address it. Right now it implies
that there is only one ex-officio member. that's a Council member. We could certainly
broaden that language if you wish.
Borton: Madam Mayor?
De Weerd: Yes.
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November 21, 2006
Page 13 of 43
Borton: I wasn't trying to open a can of worms on it, it was just the thought that if that
allowance is made in the ordinance to the extent they are still involved and where
necessary to this commission and its operations is fine. Adding the: That may serve as
a liaison, just gets it locked into the future opportunity in 14 years of the parks and rec,
they could do some of that, but it's a fantastic ordinance, I'm excited about going
forward with it now. I don't think that's a deal breaker.
De Weerd: Okay. Council, any other questions on the topics that our attorney has
brought up?
Rountree: Madam Mayor, just a couple comments, we need to give flexibility and being
as inclusive as we can is a good idea, but not to the point where you create a
commission that can't function nor that can be tracked and administered well from who
is a member this week and is their term up or due or time, so I think we need to be a
little careful with flexibility of this on a future commission. I think there is enough
flexibility in the language the way it is now to do what we just discussed, because you
have got five members and you have got four more that can be appointed when
deemed necessary and one of those could be a Parks and Rec Commissioner. If you
have got an art in the park kind of situation coming up and it could be maybe a six
month appointment, that could be tracked, as opposed to creating all these things that
somebody -- and I suspect probably the city clerk or someone -- an art director -- are we
going to have an art director?
De Weerd: No. It will be Ron.
Rountree: Ron. Ron will have to track it. So, anyway, just a thought.
Bird: Madam Mayor?
De Weerd: Yes, Mr. Bird.
Bird: I agree with Councilman Rountree. I think that we got a way to support it. We
have got enough flexibility to run it and I don't want to hog tie the people that's on there,
so that we don't have -- they can't do what we like them to do, you know. So, I would be
one for bringing it forward and let's get it on the agenda for the next week and pass it.
We have had two weeks of discussion on it, which I appreciate, and it's time to move
forward, if everybody's agreeable.
De Weerd: Okay. Council, okay, we will put it on the agenda for next week.
2. Discussion of Amended U-Turn Ordinance:
Nary: Madam Mayor, Members of the Council, the next item is the u-turn ordinance and
we have had a couple of discussions about it. Councilmember Rountree many moons
ago had asked us to verify that this would not impact the Idaho Transportation
Department's plans for any of the major roadways that they have jurisdiction over,
Meridian City Council
November 21. 2006
Page 14 of 43
whether this would have any impact on them. It took a little while, but we did finally get
a response back that they did not have any concerns with this ordinance. This has
gone through the Traffic Safety Commission, they have discussed it a number of
different times, as well as that our traffic safety team with the police department. they all
are in support of this ordinance, so if you have any other direction to me I could put it on
the agenda as well.
De Weerd: Okay. Council, any opposition to moving that forward?
Bird: Not from me. I had a good chance to look it over.
3. Discussion of Dog License Ordinance:
De Weerd: Okay. Item 3.
Nary: Thank you. Madam Mayor, Members of the Council, the last item, dog license
ordinance. This one has also gone through a number of different hands before it's got
to you. The only thing that's been added -- added to the ordinance after a couple of
drafts -- we did add an actual fee for vicious dogs that we will have to bring the fee
portion back through the Public Hearing process, because it is a new fee. When we
passed the vicious dog restriction a year ago we didn't pass a different licensing fee.
We required that if you do have a dog that is determined to be vicious, that it not be -- or
that it requires a special license, we just didn't create a special cost for that. Because it
requires a site visit, you have to -- you have special restrictions if you have a vicious
dog, therefore, we'd have to send our animal control officers out to the residents to
make sure that it complies. There is a higher cost to that license. That is included in
this ordinance. We couldn't impose it until we had the Public Hearing. The other things
we have changed from the past -- there used to be a discount for senior citizens with --
with these -- many cities have eliminated that, it's not been eliminated everywhere, but
many cities have, because of the -- the concern of trying to separate out licensing based
on age and no other criteria and there has been issues that have been raised in a
number of other cities regarding that discriminatory practice of doing that. We have
eliminated that requirement. The fees are fairly small in comparison to most things. I
think it's 21 dollars. So, I guess we can hear what -- the comments or concerns you
may have about that. Other than that, most everything else is pretty routine stuff. We
do allow for other designees to sell licenses. If you recall we had a discussion earlier
that in the past the prior mayor had authorized the sale of licenses through the
veterinary clinics and through pet stores, like PetCo. We think that's a good idea, we
would just like to have it in an ordinance that authorizes that and so we did -- we did add
that provision into this ordinance as well. Do you have any other questions? If you'd
like, I can bring it back next week, we can discuss it further or whatever your preference
is. I don't know if the chief has any other comment. I know he's had an opportunity to
review it. I think his concern was on the -- the licensing thing for vicious dogs and I
don't -- I think I have addressed all his concerns, but I didn't know if he had a comment
he wanted to make.
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November 21,2006
Page 15 of 43
Musser: Madam Mayor, Members of the Council, and Counselor Nary, just under
Section 6 on the ordinance, we still need to line out one reference to owners of 62 years
of age or older in reference to showing -- that would be the only thing I see at this point
that we perhaps overlooked in all the conversations we had back and forth. Other than
that, I'm in agreement with Mr. Nary on what he's proposed and his statements at this
point.
De Weerd: Chief Musser, wasn't there a desire for someone within your organization to
have a requirement for a yellow pages ad in here or --
Musser: Madam Mayor, not that I'm aware at this point.
Nary: We might want to wind the tape back up and --
De Weerd: As it relates to dogs. Anything from Council?
Bird: Madam Mayor?
De Weerd: Yes, Mr. Bird.
Bird: I believe we have discussed this at numerous times and I think it's something we
need to get started with. so we can have like part of the ordinance that we don't have
now, so I would like to see it come forward if the other Council don't have any problem
with it. I have read through it, I don't see any problems with it at all.
De Weerd: Okay.
Rountree: Madam Mayor, the only comment I have -- I don't know if we missed this, I
don't find it in here, are police dogs required to be licensed and do they pay a fee? I
mean those that are trained for special uses, impaired hearing, site, et cetera, are
exempted from the fee. but there is nothing about police dogs or should it --
Bird: A guard dog.
Rountree: -- have a fence, like security kind of things. Let's get them all, I guess.
Nary: Madam Mayor, Members of the Council, Councilmember Rountree, we could
certainly add in any animal that's owned by a public entity -- since all of the public
entities would either be used for bomb dogs or ones that are owned by the city of Boise
that reside in our city and they don't have a city license, so we can add that provision in
as well.
Musser: Madam Mayor, Members of the Council, at this point we do issue out city
licenses to our K-9s, but we do issue them as a department item, so that they are
identified, so that they do carry them. However, they are excluded when we went
through the vicious dog aspects, because of their temperament and their training they
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November 21. 2006
Page 16 of 43
are not considered a vicious dog under that end of it, but we have -- we have issued out
the licenses in the past.
De Weerd: Anything further from Council? Okay. We will go ahead and move these
three ordinances forward to next week's agenda.
Berg: Madam Mayor, if I could ask a question. Concerning this license with the new
fees, are we going to use the old fees until we pass a resolution and the Public Hearing
for the new fees or are we going to hold the whole entire ordinance up until we do it all
at once? The only reason I ask that is the codification of two separate things coming
back and recodifying it is going to be an additional cost, but if some important parts
need to be addressed, we need to do it right away.
Nary: Madam Mayor, Members of the Council, we can pass the ordinance as written
and not impose the fee until it's approved and that's perfectly fine. We haven't had -- in
a year and a half we haven't had anybody come and get a vicious dog license, so I'm
not real concerned in the next month that we will have one. If we do, we will charge
them 21 dollars and that won't violate our ordinance and that way we can not have it on
two separate tracks and that's perfectly fine.
Berg: Excuse me, Madam Mayor. The other fees that are suggested are more than
five percent and so that's the only question I had, because they were all of the fees that
were suggested to be changed.
Nary: Oh. Okay.
Berg: Which are okay, it's just if we want to do separate -- two separate things to make
sure we get these other things in place or wait two weeks to get it noticed and --
Nary: Yeah. That would be -- yeah. I'm sorry, Mr. Berg did point out, that is correct,
we have these other increases, which I think are in line with the other local jurisdictions,
so we can go ahead and bring this forward when we get the noticing done, so that all of
it can be done at once, so it will be a couple of weeks until we get this back in front of
you for approval.
4. Approve SWAC Recommendation on New Plavaround
Eauipment at River Vallev Elementary for $12,000.00:
De Weerd: Okay. Does that work? Okay. Finally, item number four.
Nary: Madam Mayor, Members of the Council, the last one is the Solid Waste Advisory
Committee recommendation on some new playground equipment at River Valley
Elementary. They have complied with all the requirements of the program for the
recycling funds. This one was one that was held up from the last group of
recommendations, we were waiting on some language regarding a sign and that there
was going to be adequate notice to the public that that play equipment was going to be
Meridian City Council
November 21, 2006
Page 17 of 43
purchased with solid waste recycling funds. They have done that, they have provided
both the information for the sign and the sign itself and that is included in your packet.
So, it was approved by the Solid Waste Committee. If it meets your approval we can
move it forward.
De Weerd: Okay. Council?
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I move that we approve the SW AC recommendation for the playground
equipment at River Valley Elementary in the amount of 12.000 dollars.
Bird: Second.
De Weerd: Okay. I have a motion and a second to approve the recommendation by
our SW AC. Any discussion? Mr. Berg, will you call roll.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea.
MOTION CARRIED: ALL AYES.
E. Mayor's Office
1. Request for Budget Amendment for Part-Time Position
in the Mayor's Office:
De Weerd: Okay. Council, under the Mayor's Office item there is an amendment form
in front of you. Bud is going to focus his attention on his other job, which is being a
youth pastor with Meridian Gospel Tabernacle. so in filling his position it -- the position
with Americor had a lot of regulatory and had reporting issues that made the position
rather cumbersome. It was also kind of a third-party position to the city, so when we
proposed the Americor position, we had molded two of our summer interim positions to
form this youth programs coordinator. We would like to take it out of the Americor arena
-- in fact, we can't continue under the Americor. Bud had put in more than 15 percent of
the contract and so we could not fill that position, so we wanted to go ahead and
propose that, instead, we do a part-time position as the youth programs coordinator to
continue working with the programs that are listed on this amendment form. Overall,
the line item is for 14,000 dollars. There has been an expenditure this year already of
5,480, so we would need a budget amendment of 2,717 dollars. For next year moving
forward it would go back to being under the 14,000 dollars, with 515 less per year. So, I
would open this up to any discussion, questions.
Borton: Madam Mayor?
Meridian City Council
November 21, 2006
Page 18 of 43
De Weerd: Yes, Mr. Borton.
Borton: You probably answered this, but can you tell me what the -- the position cost to
the city are for and what the cost is going to be going forward?
De Weerd: The position cost the city before 14,000 dollars and moving forward it will
cost 13,485.
Borton: That 14 wasn't funds from Americor?
De Weerd: No.
Borton: Okay.
De Weerd: The position before wasn't an Americor position. They covered part of the
salary benefits and a tuition stipend.
Bird: Madam Mayor?
De Weerd: Yes, Mr. Bird.
Bird: What do we receive from Americor, if any amount?
De Weerd: We won't receive anything.
Bird: So, this is a completely new position, funded completely by us?
De Weerd: This would be using the funds that we supplemented the Americor position
and it would be solely a half time position -- city position, with no involvement with the
Americor program.
Bird: So, that grant goes completely -- has gone completely away?
De Weent Yes.
Bird: I don't think we need it.
De Weerd: That's what I said. Is there any further information needed?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move that we approve the budget amendment for fiscal year of '07 for -- is it
2,717 you want or 13,485?
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November 21, 2006
Page 19 of 43
De Weerd: I need 2,717, with the approval of the half-time position.
Bird: Okay. The budget amendment for 2,717 dollars, with the approval of the part-time
-- half-time position. And I take it all this information, which will be included in the
motion, is based on a thousand hours?
De Weerd: It is based on 19.5 hours a week.
Wardle: Second.
De Weerd: Okay. I have a motion and a second to approve the request in front of you.
Any discussion? Okay. Mr. Berg, will you call roll.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea.
MOTION CARRIED: ALL AYES.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: While this has passed, I'm probably as conservative on this Council as anybody,
but I hate hiring any part-time person without -- it's not fair to them, because they don't
get benefits, dadgumit.
De Weerd: Thank you for your statement on the record.
F. Fire Department
1. Discussion of Amended Fire Code Ordinance
De Weerd: Okay. Item 6-F under the Fire Department.
Silva: Madam Mayor, Members of the Council, before you this evening we have got a
request to amend the fire code as amended -- or as adopted by the City of Meridian.
The request is to change the language under the ordinance that would read as follows:
Floor control valves approved, supervised, indicating control valves shall be provided as
a point of connection to the riser on each floor in institutional and multi-tenant buildings
two or more stories in height. The reason why we made that -- requested that
amendment when the ordinance -- the fire code was adopted is we have got a lot of
buildings that are -- they are multi-story. The floor control valves would not be required
until the building was more than 75 feet tall and our situation here in Meridian we have a
lot of buildings that are multi-story, but did not exceed 75 feet in height. The importance
of the floor control valves, it allows a given floor to be isolated, turned off, while other--
while other floors retain their coverage of their fire protection system and with the
number of buildings that we have that are multi-story that are undergoing tenant
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November 21, 2006
Page 20 of 43
improvements, we would have to turn off the fire sprinkler to the entire building to do a
tenant improvement within a given building. Our concern was we were compromising
the fire sprinkler coverage for the entire building to accommodate one tenant
improvement on a single floor. So. the amendment in front of you this evening for
consideration, that's why that -- this is being changed. The project where it came to
light, they brought this -- a request form before you this evening is the Rocky Mountain
High School, which is, obviously, our new high school under construction, is a multi-
story building. We realized after the fact that, really, a school is not likely to undergo
tenant improvements once it's built and completed it doesn't get many modifications, so
Rich Green requested that we change the language on this particular part of our
ordinance to accommodate that and in the case where we are referring to institutional
buildings here and multi-tenant buildings -- multi-tenant buildings are straight forward,
they are just that. buildings that are multi-story that have multi-tenants. In the case
where it refers to institutional, we are referring to where people are incarcerated or they
may be undergoing -- institutional would refer to a hospital or a jail, quite frankly. So,
we want to make sure that our buildings are properly protected and that's why we are
requesting Council action for this proposed change in our ordinance. The project
pending approval on this particular change in the consideration for floor control valves
would be the Rocky Mountain High School project. So, with that I would stand for any
questions should you have any
De Weerd: Okay. Council. any questions for Joe?
Bird: Madam Mayor?
De Weerd: Yes, Mr. Bird.
Bird: Joe, have you brought this before BCA and the contractors -- AGe or anything
like that, to see what effect or -- to the fire sprinkler people?
Silva: The sprinkler people were the ones that proposed the change and that's why we
are putting it in front of Council this evening. I did not take it to BCA or the general
contractors.
Bird: But the sprinkler people are the ones that proposed this?
Silva: Right. They would be in favor of it. We have heard from a couple of them.
There has been a couple of different instances where these control valves have come
into question by several sprinkler contractors, so they would be in support of it.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: Joe, did I understand you correctly that schools would not be included in
your definition of institutional?
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November 21, 2006
Page 21 of 43
Silva: That's correct.
Rountree: Because some of us kind of thought schools were kind of that way.
Silva: Right. The general term institution, as defined by Websters, would be -- would
include a school, but in this case it's strictly more along the lines of hospitals, mental
health facilities, jails, would be the intent here.
Rountree: Madam Mayor, follow up with -- for Joe or Bill. Is that definition included
somewhere in the ordinance or the -- I think if you were to fall back from a legal
challenge you go to Webster and Webster would include that. So, I think we need to
clean that up, if that's our intent.
Silva: Madam Mayor, Councilman Rountree, Members of the Council, the definition for
institutional is covered in the definitions part of the International Fire Code, the front
section.
Rountree: And it's consistent?
Silva: Yes.
Rountree: Okay.
De Weerd: Okay. Any other questions from Council?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I would move that we approve -- or bring -- we could do this -- I move that we
bring it forward for November 28th, 2006, for approval.
Borton: Second.
De Weerd: Okay. I have a motion and a second to move this forward. Do we need a
motion?
Nary: You can do it by voice vote, though. You're just putting it on the agenda.
De Weerd: Okay. Okay. All those in favor say aye. Anyopposed? All ayes. Thank
you, Joe.
MOTION CARRIED: ALL AYES.
Item 7:
Items Moved from Consent Agenda:
Meridian City Council
November 21, 2006
Page 22 of 43
De Weerd: Okay. There were no items moved from the Consent Agenda.
Item 8:
FP 06-048 Request for Final Plat approval for 50 residential building lots,
32 commercial building lots, 1 City park lot, 21 common lots on 62.01
acres in R-15 and C-G zones for Gramercv Subdivision No.1 (fka
Kenai Subdivision> by Kenai Partners, LLC - East Overland Road and
west of Eagle Road:
De Weerd: Item 8 has been requested to continue. Council, I need a motion.
Rountree: Madam Mayor. I move that we table Item 8 until December 5th.
Bird: Second.
De Weerd: Okay. We have a motion and a second to continue item -- or table Item 8
until December 5th. All those in favor say aye. All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
Item 9:
FP 06-047 Request for Final Plat approval for 48 attached single-family
residential building lots, 20 detached single-family residential building lots
and 5 common lots on 11.05 acres in an R-8 and R-15 zones for Cedar
Springs Townhomes by John Flaherty Construction - south of McMillan
Road and west of Meridian Road:
De Weerd: Item 9 is FP 06-047. Start with staff comments.
Canning: Madam Mayor, Members of the Council, we do have a letter from the
applicant stating they are in agreement with the conditions of approval. I didn't see it
until I got here tonight, so --
De Weerd: Okay. Council?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we approve FP 06-047.
Rountree: Second.
De Weerd: Okay. I have a motion and a second to continue -- I'm sorry -- to approve
Item 9. Mr. Berg.
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November 21,2006
Page 23 of 43
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea.
MOTION CARRIED: ALL AYES.
Item 10:
Item 11:
Item 12:
Item 13:
Continued Public Hearing from November 8, 2006: AZ 06-042
Request for Annexation and Zoning of 20.18 acres from RUT to an R-8
zone for Cottswold Village Subdivision by Cherie A. Dalton Living Trust
- 2180 East Amity Road:
Continued Public Hearing from November 8, 2006: PP 06-044
Request for Preliminary Plat approval of 62 residential lots and 9 common
lots on 20.18 acres in a proposed R-8 zone for Cottswold Villaae
Subdivision by Cherie A. Dalton Living Trust - 2180 East Amity Road:
Continued Public Hearing from November 8, 2006: AZ 06-044
Request for Annexation and Zoning of 19 acres from RUT to an R-4 zone
for Whitebark Subdivision by Dan Wood - 2135 East Amity Road:
Continued Public Hearing from November 8, 2006: PP 06-046
Request for Preliminary Plat approval of 48 residential lots and 8 common
lots on 19 acres in a proposed R-4 zone for Whitebark Subdivision by
Dan Wood - 2135 East Amity Road:
De Weerd: Okay. Items 10 through 13 have also been requested to continue--
Rountree: Madam Mayor?
De Weerd: Yes.
Rountree: I move that we continue Items 10, 11, 12 and 13 to November 28th, 2006.
Bird: Second.
De Weerd: Okay. I have a motion and a second to continue Items 10 through 13 to
November 28th. All those in favor say aye. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Item 14:
Item 15:
Public Hearing: AZ 06-048 Request for Annexation and Zoning of 32.75
acres from RUT to a C-G zone (8.74 acres) and I-L zone (24.01 acres) for
Creamline Park Subdivision by Creamline Associates, LLC - 1200 W.
Franklin Road:
Public Hearing: PP 06-050 Request for Preliminary Plat approval of 6
industrial lots on 24.01 acres in a proposed I-L zone and 4 commercial lots
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November 21, 2006
Page 24 of 43
on 8.74 acres in a proposed C-G zone for Creamline Park Subdivision
by Creamline Associates, LLC - 1200 W. Franklin Road:
De Weerd: We are going to skip Items 14 and 15 and -- I'm kidding. Okay. Items 14 --
that was for you, Brad. Items 14 and 15, public hearings AZ 06-048 and PP 06-050. I
will open these two public hearings with staff comments.
Canning: Madam Mayor, Members of the Council, before I get started on the Creamline
project, the owner of the Cottswold property did want me to convey her appreciation of
you continuing the items for her and she is trying to resolve the issues associated with
her property moving forward. I told her I would say that, so now I will move on to
Creamline. This is the Creamline project. It's located on the north side of Franklin near
the northeast corner of Franklin and Linder Roads. That is outlined in blue. As you can
see it's currently -- currently RUT. The application is for annexation and preliminary plat
approval. They are requesting annexation and zoning of C-G for 8.74 acres down along
Franklin. So, that would be those south of the irrigation feature there. And, then, they
are requesting 24.01 acres of I-L going back towards the railroad tracks. It has four
commercial lots down in front on the C-G property and six industrial lots on the I-L.
There is one public street access, which would be Northwest 13th and it's proposed at
the center of the property and ends in a cul-de-sac right underneath the U as shown.
There we go. Beyond the cul-de-sac the applicant is proposing common access drives
to serve the properties at the north end along the railroad tracks. The applicant is also
proposing to construct two curb cuts that will allow for direct access from Franklin Road
for Lots 2 and 10, Block 1. So, in addition to the curb -- the street access from Franklin,
there will also be two curb cuts. Staff has recommended a DA. The unusual provision
of that or the nonstandard provision of that would be to restrict the uses along the
western edge of the property and also some fire restrictions or some restrictions for use
of hazardous materials from the fire department and I will touch on those again later in
the presentation. I did want to point out some of the adjacent land uses, because they
come into consideration with regard to the one outstanding issue regarding the buffer.
To the north you have Treymore Village and, then, the Roundtree apartments that were
approved north of there, so you have the mix of single family and multi-family to the
north of the property. To the east you have lumber storage yards and some vacant
industrial land. To the south you have Crestwood Estates Subdivision zoned R-4. And,
then, to the west you have some single family homes that are currently zoned R-1 in
Ada County. You also have a day care for the north end and zoned L-O and a vacant
land zoned C-C down here in the commercial -- in the corner. So, this is annexed and
zoned C-C. This is annexed and zoned L-O. The remainder of the properties are
zoned R-1 in Ada County and the Comprehensive Plan designation shows them as
mixed use. We do have some elevations of proposed building styles for the industrial
portion. I assume that the Taco Del Mar is a proposed elevation for the commercial.
I'm assuming all the other ones are industrial, but if the applicant could verify that, that
would be good. So, these are similar to the other Van Auker developments that you
have seen around town. The Planning and Zoning Commission has recommended
approval. They did that at their October 19th Public Hearing. Brad Miller spoke in favor
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November 21, 2006
Page 25 of 43
of the application. No one spoke in opposition or commented. The key issues of the
discussion were the 25 foot landscape buffer between I-L zone and the properties to the
west is where that would apply. The UDC does require a 25-foot landscape buffer to
any non-industrial use -- adjoining use. So, it's not just for residential, it's for any non-
industrial use. The fire department restrictions on lots north of the Eight Mile Lateral --
this is the Eight Mile Lateral. The required tiling of the Eight Mile Lateral. The possible
emergency access into the site along the northern property line. Actually, I think it
would be on the railroad right of way. Public street access into the property extends to
just north of the Eight Mile Lateral. Then, loading areas, docks, and bays facing west
along -- that would face these existing residences. The key Commission changes to
staff's initial recommendation, they did eliminate condition 1.2.2, which required the
applicant to provide two public street access points to this property, connected by a loop
road. Let me take a moment to explain that, so you understand where staff was going.
We had proposed that they have a street that lined up across Franklin, came and
looped through the property, and, then, came back down on the western property, one,
so they could mostly provide public street access and a shared access along Franklin to
the property to the west. West. Sorry. And to the east. Both of those properties are
currently vacant. So, what we are trying to do is get a total of two access points to
serve all these properties along this stretch of Franklin Road on the north side. That
condition was removed by the Planning Commission, so currently this property would
have an access. There is the public street access, in addition to two access points
approved and, then, this corner property would have an access point approved. Staff
was a little worried, because this corner property is only 220 feet in depth along
Franklin, so it is pretty close to what will be -- so that the traffic projections along
Franklin are quite high, as we are finding out as time goes on. Also, the Commission
eliminated condition 1.2.4, which required the applicant to include the 25-foot landscape
buffer between land uses along the western boundary. Those lots, three through five,
Block 1. These lots here. A modified condition 1.2.5, to allow the loading areas, docks,
and bays to face the western property line and they required the applicant to submit an
alternative compliance application for the 25-foot landscape buffer between uses. I,
actually, have the approval authority on the alternative compliance, so that's why that
condition was in there. They required the applicant to pursue an emergency access
point along the northern property line and report to Council if this is viable. So, we
anticipate Mr. Miller will update you on those efforts. With regard to outstanding issues
before City Council, the applicant is requesting not to cover the Eight Mile Lateral as
required by UDC. We do -- you do get requests to waive this when it is a large facility
and I think the applicant has stated in his response letter that it would be a 60 inch pipe.
So, you have waived those before. Staff doesn't really have concerns with that. The
applicant should provide more information, as I mentioned before, about the emergency
access and, then, we come to the alternative compliance for the landscape buffer. As I
mentioned before, the Comprehensive Plan does designate the neighboring properties
as mixed use community, which could allow for offices, it could allow for even residential
along there. Those houses may be an interim use or they may be picked up and
converted to offices. Regardless, we are not anticipating that those will be developed
as industrial sites, they are just too small for industrial sites. Therefore, the UDC
requirement for the 25 foot landscape buffer would still hold. I believe the applicant has
Meridian City Council
November 21. 2006
Page 26 of 43
-- is proposing at this juncture to provide a five foot landscape buffer with a vinyl fence
along that property line. They were originally talking about a chain link with slats, but I
do believe they have upgraded it to vinyl. My concern with the five foot landscape
buffer, as opposed to say a ten foot landscape buffer is that a five foot really can't
support long term the trees that are required for that landscape buffer. So, from my
standpoint I think I -- for alternative compliance, I could -- I could live with ten feet and a
vinyl fence. I'm a little concerned about the five foot with the vinyl fence. The applicant
did submit a letter. I have gone over most of those things. With regard to one point --
with regard to his first item, if the Council wishes to approve this application, the motion
should include direction to delete condition 1.2.8 on page two. With regard to the 25
foot landscape buffer, I think the easiest thing to do is to just delete the latter part of that
condition where it says -- and that's condition -- sorry. That's condition -- I don't have
the number. I will have to look it up. Just to delete the portion that says to a five foot
landscape buffer with a six foot chain link fence with slats of a single color. So, just --
the condition should just read to direct them to submit an alternative compliance
application. And, finally, their third item pertains to the fire department conditions and I'll
give a little background on it, but, then, I would be looking for the fire department's
comments. The applicant has raised a concern that there is -- what he sees as
conflicting standards. Right now as it stands, the development agreement would have a
restriction on some uses on Lots 3, 4, and 5 of Block 1 and that would be that you
couldn't have a vehicle impound yard, a solid waste transfer station, recycling center or
vehicle -- major vehicle repair. There is also a restriction on trash compactors facing
the western property line and that the Planning Commission removed loading areas,
docks, or bays, which is still a little bit of a concern for staff, given that those face
existing residences. But, then, the fire department conditions -- some of them apply to
Lots 4, 5 and 6 and 7 and that would be the flammable and hazardous materials would
be prohibited on those lots or the fire department reserves the right to restrict future
uses of those. And, then, similarly on Lots 3 through 8, they need to get fire department
approval on any uses north of the creek. So, there are -- I don't see them as conflicting,
but they are a little -- they will be a little cumbersome to implement, because they are
not consistent with one another. but they are not conflicting. So. I support whatever the
fire department wants to do as far as uses, but for implementation purposes it may be
beneficial to have some consistency on which lots are restricted. And with that I'll hand
it over to the fire marshal.
Silva: Madam Mayor, Members of the Council, to kind of further explain that
consideration, why that concern was raised, with one point of access our concern is that
if we were approaching -- if we had hazardous materials stored, flammable, hazardous
materials stored in some of those sites there on the north end of that proposed project,
our concern is if we did have an accidental release or fire involving those materials, that
we may have to approach -- even though prevailing winds would probably, in all
likelihood, blow that away from us, we don't want to be caught in a situation where we
are having to approach a fire that's of a hazardous nature from a downwind position
over a long distance. So, those are our concerns in that area. Also, as you go north
across the railroad tracks you have Sunbridge convalescent hospital and you also have
the Tremore, which is a senior housing project. If you had a release that went that way,
Meridian City Council
November 21. 2006
Page 27 of 43
it also causes some real rescue evacuation problems for those residents immediately,
because of the proximity of that to the development. With that I will stand for any further
questions you may have with respect to that that you raised.
De Weerd: Council, any questions?
Bird: Madam Mayor?
De Weerd: Yes, Mr. Bird.
Bird: Joe, I got one question here on the return letter from Mr. Van Auker. From Brad.
These conditions for the fire was after the Planning and Zoning Commission's meeting?
Why are we dOing it between? That should have been brought forward at the Planning
and Zoning Commission meeting.
Canning: Councilmember Bird, my understanding is that they were in response to the
Planning Commission's direction from that hearing.
Bird: Thank you.
De Weerd: Okay. Anything else from Council at this point? Okay. Would the applicant
like to comment? We appreciate it's not called Porky Pig Two or Three or --
Miller: Right. We did not allow Mr. Van Auker to name this one.
De Weerd: Thank you.
Miller: My name is Brad Miller, representing Creamline Associates, 3084 East Lanark in
Meridian. Excuse the glasses. I'm not aging as gracefully as Councilman Rountree is,
so I need these specs. Just as a little bit of background, this subdivision is -- there is a
great need in Meridian for larger industrial lots. larger being three, four, five acres.
There is not many places -- Sheryl Brown calls me continually saying where can I put an
industrial use. I tell her there is no place in the City of Meridian. So, we are trying to
accommodate a need in the City of Meridian for industrial uses. Keep in mind that this
area on the west side of Linder Road, that's all industrial there. You have the bus barn
facility, you have the waste -- the Sanitary Services facility -- this aerial is rather old.
You also have the Marcon facility, which is to the west of the bus -- or to the east of the
bus barn where they do highway barricades and those kind of things. And along the
frontage of Linder you have A-1 Heating, you have got Cascade Fence. The storage
place. So, there is not any real pretty uses there. On the east side of the road you do
have the two properties on the far north and the far south which are zoned into the city.
The others are county properties, have not been annexed or zoned, and I would
consider them nonconforming uses, although the staff disagrees with my definition -- or
my characterization of them as nonconforming uses. But they are transitionary type
uses right now. They are homes that were built in the 1960s and some of them have
been converted to home businesses. You have got a birthing center there, which,
Meridian City Council
November 21, 2006
Page 28 of 43
interestingly enough, I called the county to see if it was an approved -- if it had been
approved and they couldn't find any records. So, I don't think -- well, my wife's passed
child birth age, so I don't think we will have any kids there, but, anyway, some of those
uses appear to be nonconforming uses and, in addition, I would suggest that there is
four or five of them which are owner occupied homes. The rest of them are either
owned by investors or rented out to other people or are used as businesses. As a point
of explanation on the entrances, we chose to put a cul-de-sac right in the center, right
there, and, then, we are -- we know the owner of this property real well, it's Mr. Van
Auker, and so our plan would be to put a shared entrance right there, so that would
access this lot and this lot and, then, we would probably access this lot from this road
here. We did not want to have to put another access point here. We may reserve the
right to -- we would like to reserve the right to do that, possibly, in the future and if we do
do that, we would definitely get with that property owner and do a shared access point
there, but we don't want to be required to do that access, because we may want to do
all of our access for that one lot down there from the cul-de-sac. In regards to the
landscape buffer, those lots on the east side of Linder Road are over 300 feet deep.
The homes sit on the front third of those lots and, then, if -- Anna, would you mind going
to the site plan to show generally -- the other one that shows the buildings on it. No, it's
not going to illustrate exactly what I wanted. We are going to be a little close. I was
going to tell you that our buildings were way far away from that property line, but I
should have looked at it before I got up here, so I'm wrong there.
De Weerd: It was really close.
Rountree: It depends on how much you want to exaggerate that scale.
Miller: Yeah. But it's not to scale, Mr. Rountree. But our intent would be -- the typical
thing we would do with it is a distribution warehouse building. They are not obnoxious
uses. We don't see a lot of -- any obnoxious uses there. We have a number of tenants
who are interested in going there. We have a plumbing supply company that wants to
locate there, Keller Supply. We have Specialty Construction that would like to locate
there. We have a number of other uses that we would like to locate on this -- in this
area. We feel that the restriction on having loading docks not facing the west is onerous
and we would -- and I don't quite understand the reason for that, because loading
docks, to tell you the truth, everything's done inside and the truck backs up and they are
really not noisy at all. It would be loading outside that could be a problem if you're
loading off a flatbed. So, we don't have a problem with the -- with the trash compactors
and all those things. And we want to be good neighbors, but we feel that -- and I would
be -- Anna, I would be willing to go to the ten foot, just because I'm an agreeable guy, a
ten foot landscape buffer with the vinyl fence. Our preference --
De Weerd: We need to frame that.
Bird: You got that on record? Frame that when we type it out.
De Weerd: Hold that quote.
Meridian City Council
November 21. 2006
Page 29 of 43
Miller: Our preference is slatted chain link, but I think only industrial guys and
correctional facility people find chain link as beautiful, because Anna tells me that that
does not qualify as a property screening material. So, we would be willing to go with the
vinyl to protect those uses. But I really think when that does develop out on the east
side of Linder there, that it will not be residential. I could see office there and I could
see some smaller, less intensive industrial uses there as well. And I don't feel that it will
be incompatible from what they are doing with what we are doing. In regard to the
covering of the ditch, Nampa-Meridian is requiring that to be 60 inches. We were
prepared to do 48 inches, but when you go from 48 to 60, the cost doesn't go up
incrementally, it goes up exponentially and it just makes it prohibitively expensive to do
that. We will, obviously, put in a crossing there for the road, but, interestingly enough,
the crossing we put in for the bus barn facility -- because that was our property --
160,000 dollars to put in the 60 inch crossings there, just for the two crossings and not
to cover the whole ditch. In regards to the fire department restrictions, we don't have a
problem at all with the four top lots being restricted. The length of the cul-de-sac is a
little bit outside of the normal distance requirements and we don't have a problem with
that at all. In regard to the first two lots there on the other side -- on the north side of the
ditch, those are within the normal requirements or the normal lengths of a cul-de-sac,
we feel that it would not make sense to restrict those lots from a use point of view and
we would ask that those be excluded from the fire department's restrictions. There is
one other condition the fire department brought up and that was a turnaround and
initially it talked about having a turnaround here. We would propose that that
turnaround be right here, so that we don't have to -- so that these lots can be fenced
and secured and the turnaround can be right there to allow them access and the ability
to get around. In regard to the northerly emergency access, it's interesting -- Anna,
could you go back to the area map or the area vicinity deal? This northerly lot of this --
this is a subdivision right here called the Hepper Subdivision. After the Planning and
Zoning meeting I went back and I pulled the information on that. It's called Hepper's
Acres and it's interesting on the north of that lot right there there is a 60 foot easement
that's a utility easement and the wording -- let me read two statements here. It says:
Said easement is hereby perpetually reserved for public use. Those structures other
than for utility purposes are to be erected within the lines of said easement. There is a
day care there now and they have got parking over there, but it's interesting when you
go to the CC&Rs of the subdivision, it states that the easements indicated on said plat
are not dedicated to the public at this -- at the time of filing the plat, but you go further
down and it says: The plat -- the easement shall become public right of way and shall
be dedicated for public use upon passage of an ordinance by the City of Meridian
Council. So, I mean if we -- if the city so chose to push the matter, that could be
dedicated to the city use for access to the north and we would be more than happy to
participate in the improvements there and those kind of things, so that the fire
department could get access to the north. I think I have covered everything. Are there
any questions?
De Weerd: Council, do you have any questions?
Meridian City Council
November 21, 2006
Page 30 of 43
Borton: Madam Mayor?
De Weerd: Yes, Mr. Borton.
Borton: Brad, was there any -- any design options done with the two access points as
Anna had described to see if that was a viable choice?
Miller: Madam Mayor, Councilman Borton, the question with -- that the staff brought up
is they were interested in two dedicated -- I mean a dedicated loop road. As we looked
at that, it didn't make any sense, because we would lose too much land and the lots
would end up becoming smaller and not -- and would not fulfill the market need for three
to five acre lots. So, we just felt like it would not accomplish the purpose of the
subdivision and it would be our preference not to do that.
De Weerd: Mr. Rountree.
Rountree: Madam Mayor, I think Anna in her presentation brought up the two different
building styles and wanted some verification from you in terms of design criteria that
would be on Franklin versus what the industrial sites would look like.
Miller: Correct. Councilman Rountree, the one Taco Del Mar building is a retail building
that we did in Eagle in front of Home Depot and that would be a similar style to what we
would do on the front in the commercial section. Obviously, we wouldn't do that in the
back. The back I would imagine would be concrete tilt masonry buildings and probably
some steel buildings as well. Traditional industrial type buildings.
De Weerd: Any other questions? Okay. Anna.
Canning: Madam Mayor, Members of the Council, I believe that the Planning and
Zoning Commission in recommending approval believed that they would have
secondary emergency access from the north and I think that the applicant has testified
that there will not be secondary emergency access from the north. Unless the Council
wishes to condemn property and have a road built on that 60 foot easement. But,
typically, 60 foot unopened right of way remains unopened right of way in the county.
Miller: But, Anna, that's within the city, that right of way -- or that 60 feet Is within -- it's
been annexed into the city.
Canning: Madam Mayor, Members of the Council, I guess what I meant was typically
subdivisions that were approved in Ada -- in Ada County with unopened right of way or
in the city with unopened right of way, tend to remain unopened. It's just those future
roads, typically, unless somebody develops that property or buys that property and
wants to put the road there, it doesn't happen. We see this fairly frequently and it just
doesn't work, the future roads. I have not heard a legal opinion yet that says we can go
open them up, so --
Meridian City Council
November 21.2006
Page 31 of 43
Miller: Madam Mayor, Members of the Council, we cannot guarantee that there would
be secondary access as I stand here today. I wish I could, but I can't guarantee that we
can get secondary access to the north. We would make a best effort to do that, but I
can't guarantee that we can. We would not be opposed to having a stub street out to
the west, but staff was not necessarily -- I mean the problem with that is where do you
put it and as soon as you run it into the back of that one guy's property, his price goes --
you know, triples or quadruples, so it probably would never go through.
De Weerd: What's going on to the east? Is there any opportunity for access?
Miller: No. What you have, Madam Mayor, on the east is you have 84 Lumber, which is
to the north of the mini storage there. You have the mini storage and, then, to the south
of the mini storage is the land, additional plus or minus five acres that Mr. Van Auker
owns. I think way back when the idea was that Taylor Avenue was going to continue
that direction, but that's precluded from doing that.
De Weerd: Okay. Council, any other questions?
Bird: I have none.
De Weerd: Thank you.
Miller: Thank you.
De Weerd: Okay. This is a Public Hearing. Is there anyone who would like to provide
testimony on this application? Okay. Council, is there any further information needed?
Rountree: Madam Mayor, I guess from my perspective I almost need a score card as to
what was requested, what was agreed to, what's the desire and what's acceptable. We
have heard good explanations from the applicant on a number of these items that I can
understand and probably agreed to. but we have a number of pages and comments
from staff, fire department, the applicant -- I'm thinking sorting all of this out up here
tonight is going to leave one of these things that might be critical to either side,
unaddressed. So, we have got until midnight, I suppose, but I can't make a motion that
addresses all of those.
De Weerd: Well, Council --
Rountree: So, I guess maybe if we can hear a play-by-play from both Anna and the
applicant, maybe go through the comments, so we get it right one time and don't have
to go back again or we take a breather and try to work it out and see this again next
week.
De Weerd: We can take a five minute recess. Anna, would that be helpful?
Meridian City Council
November 21. 2006
Page 32 of 43
Canning: Yes, ma'am. I really don't think it's as bad as we have made it out to be. I
could ~~
Rountree: I didn't indicate it was bad. but there is a lot of pieces and parts that need to
be pulled together in a motion for clarification to both sides and I don't want to miss one.
Canning: Yes. If I could, before you take the break, though, I need to know Council's
direction that they want to go. So, if I could query you all as to what you wanted to
include in the motion, I could draft a motion fairly quickly.
De Weerd: Okay.
Rountree: Well. Madam Mayor, off the top of my head I know we have historically for as
many years as I can remember -- and some days that's not too many -- exempted
having to cover and tile ditches anything in excess of 48 inches. So, that one is pretty
straight forward. I like the explanation of how access is going to hopefully work itself out
as they develop the rest of their holdings to the east and I heard agreement that they
would be willing to work out an access to the one parcel on the west as well, between
Linder and --
Canning: Point of clarification. Do you want to require that if they have another access
to Franklin that it be a shared access to the east?
Rountree: I believe the applicant indicated that that was what they were planning, so
that would be -- that would be fine.
Canning: And I missed what you said about --
Rountree: I tend to agree that as long as the cul-de-sac is within our normal length of
cul-de-sac, that anything that's serviced to that cul-de-sac probably shouldn't be
restricted. but anything beyond the length of our normally allowed cul-de-sac probably
should have some restrictions. I'm excited about industrial property in Meridian, but I'm
concerned about the amount of residential that's there and I appreciate Brad saying it's
light industrial and it's warehousing and that sort of thing, but if it's warehousing of
barreled chemicals and that sort of thing, the amount of residential around the site, it
puts not only the city, but the folks that live around it, the folks that might do business
there in a great amount of exposure. So, somehow deal with that particular issue. I
mean we don't want another Kuna spa deal going on here, so I don't know how you do
that in terms of restricting uses.
Canning: Currently -- Madam Mayor, Members of the Council, Councilmember
Rountree, currently we restrict vehicle impound yards solid waste transfer stations,
recycling centers and major vehicle repairs, which are some of the more intensive I-L
uses, but we do actually -- we came up with a new category for the really heavy uses
and that's I-H, which they are not proposing on this one.
Meridian City Council
November 21.2006
Page 33 of 43
Rountree: Okay. So, that takes care of my concern. Thank you.
Canning: And also no trash compactors on that side.
Rountree: I don't have a particular issue with loading docks on the west side. I don't
see where that's going to make a lot of difference, so I would be okay with that. I'm
okay with the ten foot buffer. Those are the kinds of things that just come to my mind,
but I know there were some other things as it relates to the fire department and I'll let
Council deal with the fire department issues and deal with the --
De Weerd: I guess, Council, the -- on the loading docks -- and I do agree it's going to
transition, but I can tell you in a similar situation over by our police station and -- what is
that called, Keith?
Bird: Which one is that?
De Weerd: John Barnes.
Bird: Whatever it is, it's Barnes --
De Weerd: But I do know we get phone calls on that and what do you do as you wait
for that to transition and not make life totally miserable for the people who continue to
live there. And I know they have stopped calling, because they don't have any faith in
city government any longer, but that's always the question is as those uses transition
and because they are loud, you do -- are required to have the back up noise on the
trucks and loading vehicles and so those do cause concerns until those uses do
transition and I think that's why staffs probably -- well, Brad, weren't you on the UDC
PIG group that made all these rules?
Miller: Madam Mayor, I was, but I think I was overruled on a lot of things. But I
understand the concern about the --
Canning: That's not fair.
Miller: Actually, they were very respectful to me. And I understand the loading docks. I
mean we want to be good neighbors and we don't want you to receive calls and the last
thing I want to receive is calls from neighbors and it's always a tough question on those
transitionary uses. I have had the same issue in Nampa and I don't know if there is a
good answer to that. I wish there were. But it kind of is what it is, unfortunately.
Bird: Madam Mayor?
De Weerd: Yes, Mr. Bird.
Bird: A statement on -- regarding what you just -- and I agree with what you said a
hundred percent out there, but the difference is the houses that are here are built close
Meridian City Council
November 21, 2006
Page 34 of 43
to Linder and they have had -- and probably about 30 years ago I knew everybody that
lived in those houses and they have got 100 to 150 feet between the property line and
their house. They are used to it there, where the people that -- over on Locust Grove,
they had -- they had their houses built right up to the hill where we were putting in the
loading docks right next door to them. So, I would -- you know, if they -- I don't -- I don't
think you will -- I think these people are used to -- to having industrial out there already,
because you have got Cubby's going in all the time, you got trucks coming out, A-1
Heating has -- and this is facing their -- the front of their houses, all their houses. This is
their backyards and they had got very large backyards. In fact, most of them are fenced
and most of them used to run a few head of cattle, but I don't know if they still do or not.
I'm really concerned about the industrial area we got in Meridian. I think we have taken
some that was -- that our forefathers planned as industrial and we made it into
residential and I'm afraid we are going to be out of areas to create jobs and we can turn
into a bedroom community doing that.
De Weerd: Well, I certainly hope you have a rail user in the back end. I think -- I keep
hearing that. Okay. Any other questions from Council? Anna, did that give you enough
information to draw something up?
Canning: Yes, ma'am. The only other question I had -- assuming that the rest of the
Council members are in agreement with Mr. Rountree, some general nods would help
me. Okay. And -- thank you. And would you like the photos included in the
development agreement?
Rountree: Yes.
Canning: Okay. Yeah. I can have something for you in just a couple minutes.
De Weerd: Council, what we could do is just go ahead and take care of our ordinances
and, then, go back to the planning.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: With that I'd move that we continue Items 14 and 15 until after Items 18.
De Weerd: Okay. Do I have a second?
Borton: Second.
De Weerd: Okay. I have a motion and a second to continue 14 and 15 to after Item 18.
All those in favor say aye. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Meridian City Council
November 21, 2006
Page 35 of 43
Item 16:
Ordinance No. 06-1275 RZ 06-009 Request for a Rezone of
.57 acres from an I-L zone to an R-8 zone for Vicki Garton by Vicki
Garton - 435 W. Broadway Avenue:
Item 17:
Ordinance No. 06-1276 AZ 06-028 Request for Annexation
and Zoning of 4.43 acres to an R-15 (Medium High-Density Residential)
zone for Touchstone Place Subdivision by Horizon Development - 1187
East Fairview Avenue:
Item 18:
Ordinance No. 06-1277 AZ 06-013 Request for Annexation
and Zoning of 21.77 acres from RUT to R-15 zone for Canterbury
Commons Subdivision by America West Homes, LLC - south side of
Pine Avenue and east of Ten Mile Road:
De Weerd: Okay. Mr. Berg, will you, please, read ordinances on Items 16, 17, and 18,
06-1275,06-1276 and 06-1277, by title only.
Berg: Thank you, Madam Mayor, Members of the Council. Ordinance No. 06-1275, an
ordinance finding that George William and Viola Nelson, the owners of certain land --
certain rural property has made a written request for rezone of the zoning classification
for real property being situated in the southeast quarter of Section 12, Township 3
North, Range 1 West. Meridian, Ada County, Idaho, as described in Attachment A of
this ordinance and rezoning certain lands and territories situated in Ada County, Idaho,
and within the corporate limits of the City of Meridian and rezoning the land use zoning
classification of said lands from I-L to R-4 in the Meridian City Code, providing that
copies of this ordinance shall be filed with the Ada County assessor, the Ada County
recorder, and the Idaho State Tax Commission, as required by law, and providing for a
summary of the ordinance and providing for a waiver of the reading of the rules and
providing an effective date.
Berg: Ordinance No. 06-1276. an ordinance for annexation of property located at the
northwest quarter of the northwest quarter of Section 7, Township 3 North, Range 1
East, Boise Meridian, Ada County, Idaho, as described in Attachment A and annexing
certain lands and territories 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 R-1-M
to R-15 in the Meridian City Code, providing that copies of this ordinance shall be filed
with the Ada County assessor, the Ada County Recorder, and the Idaho State Tax
Commission, as required by law, and providing for a summary of the ordinance and
providing for a waiver of the reading of the rules and providing an effective date.
Berg: Ordinance No. 06-1277, an ordinance for annexation of property being a portion
of the southwest quarter of Section 11, Township 3 North, Range 1 West, Boise
Meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands
and territories 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,
Meridian City Council
November 21, 2006
Page 36 of 43
establishing and determining the land use zoning classification of said lands from RUT
to R-15 in the Meridian City Code, providing that copies of this ordinance shall be filed
with the Ada County assessor, the Ada County recorder, and the Idaho State Tax
Commission, as required by law. and providing for a summary of the ordinance and
providing for a waiver of the reading of the rules and providing an effective date.
Wardle: Thank you, Mr. Berg. You have heard these ordinances read by title only. Is
there anyone who would wish to hear them read in their entirety? Hearing none,
Council?
Bird: Mr. President?
Wardle: Mr. Bird.
Bird: Would you accept all three of them at the same time?
Wardle: You bet.
Bird: I would move that we approve Ordinance 06-1275, 06-1276 and Ordinance 06-
1277 with suspension of rules.
Rountree: Second.
Wardle: It's been moved and seconded to approve Items 16, 17 and 18. Mr. Clerk, will
you, please, call roll.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea.
MOTION CARRIED: ALL AYES.
Wardle: Anna, update on --
Canning: I'm close.
Bird: You said five minutes you would have a--
Rountree: That was five minutes ago.
Bird: -- motion for us and that was five minutes ago. You even had help over there.
Wardle: Council, I don't have any funny stories to tell you, so we will wait here for --
Bird: Yeah. Would you -- what was the score down in Fresno?
Borton: Mr. Bird, if I could field that question. I think it was 34 nothing.
Meridian City Council
November 21, 2006
Page 37 of 43
Bird: Was it 34 nothing? The Vandals was the 34; right?
Wardle: Do you have that ready yet, Anna? We do have a -- the clerk has a real
question for us, Council and he would like to know what the Council's involvement will
be at the Winterland Parade, which is December 2nd.
De Weerd: We know Keith will be in front of the parade.
Bird: That's what I understand.
De Weerd: But what will the rest of you like to do?
Bird: Get those carts, guys. That's the funniest thing.
Rountree: Anything but wearing elf costumes.
Bird: Oh, I got one, too, for you.
Borton: Madam Mayor, the question I had was for a couple of years you had the carts.
Is that not an option for us anymore or --
De Weerd: We could certainly look into it, if that would be your preference.
Rountree: As long as it's not raining that's just fine.
De Weerd: Okay.
Rountree: My granddaughter loves that.
De Weerd: So, you want the little two seaters?
Bird: Yeah.
Rountree: Yeah.
De Weerd: Okay. Okay. We will see what we can do. If -- what would be your second
choice? Would you like cars that --
Wardle: A single-seater.
De Weerd: If we can't do Boondocks, what would be your second choice? Want to ride
on the fire truck?
Wardle: We can get with the fire department. I know we had some issues in the past
with having enough trucks in service, but we can get a ride on that or parade trucks.
Meridian City Council
Novem ber 21. 2006
Page 38 of 43
Rountree: I think we can probably get a parade truck and I know a driver, if he's not
working, that would be glad to volunteer to do that.
Bird: Whether he wants to volunteer or not.
De Weerd: Go ahead, Joe.
Silva: Madam Mayor, Members of the Council, some years ago we did have Council
and Mayor ride in one of the parade trucks that has seats. It was one of the older ones.
Formerly with Caldwell and also north Ada County fire department made that available
to us. I don't know, Mayor, if you remember that. Councilman Bird. So, I'm sure I can
make that contact if you would like to have that as a backup.
De Weerd: That would be great. Thank you, Joe. Okay. Well, that piece of business
was taken care of. Council, I am very pleased to announce our brightest star winners.
We will be recognizing them next week at the 28th meeting. Our individual brightest
star is your very own Councilman Keith Bird and our small business brightest star is
Heritage Auto Care Center with Becka and Tony Sanders. So, they will be recognized
by the governor in a ceremony next month. I believe it's on December 7th. Certainly
we would invite you to and will forward information to you regarding that -- that
ceremony to be on hand to cheer on our brightest star.
Bird: Madam Mayor?
De Weerd: Yes, Mr. Bird.
Bird: You know, this is really a privilege and I'm humbled. Mayor was the first recipient
of the individual star, which was very deserving and, you know what, I sit with four other
gentlemen up here that are very worthy of being brightest stars also. Every one of you
guys have been involved with the community, been with the youth. Charlie and I
because of age, have had more years added -- I mean we were doing it when the rest
of you guys were in -- were the ones we was doing it for, you know, so it's really a
privilege. I have been very fortunate in my life to have some very good awards and this
one honor is right up there with the top and being the marshal of the Dairyland or -- not
the Dairyland, the winter parade is also a very nice honor that I feel very privileged.
Thank you.
De Weerd: Thank you, Mr. Bird. We will get that information and ask if you and your
families would like to come join us. It is open for that. Council, also in front of your this
evening -- just for your information at this point, as you have in front of you some
information on the community detox center that's being proposed, they will be coming to
give an official presentation or at least to discuss this in more detail sometime next
month. I'm waiting to hear back information on available dates and I just wanted you to
have what I received yesterday, so you have a chance to read through it. Attached to
that also are the minutes that we had when Sheriff Raney came to talk. This facility
would also get in the same vicinity. It's certainly not the same project that Sheriff Raney
Meridian City Council
Novem bar 21. 2006
Page 39 of 43
talked to us about. I also understand that the request would be -- would mirror the
request that we heard from Sheriff Raney. So, you should hear that sometime next
month.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: This is such a great -- and I know I always worked hard at getting this, along with
everybody else, but it's something that this -- not just Ada County, this whole Treasure
Valley needs is a detox center. Long overdue.
Item 14:
Public Hearing: AZ 06-048 Request for Annexation and Zoning of 32.75
acres from RUT to a C-G zone (8.74 acres) and I-L zone (24.01 acres) for
Creamline Park Subdivision by Creamline Associates, LLC - 1200 W.
Franklin Road:
Item 15:
Public Hearing: PP 06..050 Request for Preliminary Plat approval of 6
industrial lots on 24.01 acres in a proposed I-L zone and 4 commercial lots
on 8.74 acres in a proposed C-G zone for Creamline Park Subdivision
by Creamline Associates, LLC -1200 W. Franklin Road:
De Weerd: Thank you. Mr. Wardle.
Wardle: Madam Mayor, I thought Anna had --
Canning: I'm done.
Wardle: So, I guess procedurally, Madam Mayor, I believe we continued the Public
Hearing. Do I need to reopen that? I move that we reopen the Public Hearing on Items
14 and 15.
Bird: Second.
De Weerd: Okay. All those in favor?
MOTION CARRIED: ALL AYES.
De Weerd: Okay. Okay. In front of you we do have discussion and a Public Hearing
going on Items 14 and 15. I would ask our planning director to give you an overview of
where we are at.
Canning: Madam Mayor, Members of the Council, I believe I have addressed your
comments. The loading docks were already taken care of in the Commission's
recommendation to you, so there is no need to do anything on that. Going through the
other preliminary plat one, deleting condition 1.2.8, that's regarding the tiling of the Eight
Meridian City Council
November 21. 2006
Page 40 of 43
Mile Lateral, modifying condition 1.2.6 to be a ten foot landscape buffer with a six foot
vinyl fence. And adding a new condition that the preliminary plat shall depict a shared
access and cross-access easement for Lot 10, Block 1, sorry, such that it shares a
single access to Franklin Road with the property to the east. A little rough, but that's the
best I could come up with. And the applicant's okay with that wording. And, then, to
modify condition 3.2, which was one of the fire department conditions, instead of Lots 3
through 8, it would just be Lots 4, 5, 6 and 7, so that it's consistent with the other
conditions. And, then, regarding the development agreement, just to add the
conceptual photos for the commercial and the industrial development. We will probably
really only look at it for the commercial. I believe that addressed everyone's thoughts
and concerns, unless I missed something.
De Weerd: Okay. Council. is there anything further that you needed from Anna? Okay.
Wardle: Madam Mayor?
De Weerd: Yes, Mr. Wardle.
Wardle: That clarified everything that I had. Hearing no further comments, I move we
close the Public Hearing on Items 14 and 15.
Bird: Second.
De Weerd: Okay. I have a motion and a second to close the Public Hearing on Items
14 and 15. All those in favor say aye. All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
De Weerd: Discussion or do I have a motion?
Wardle: Madam Mayor?
De Weerd: Yes.
Wardle: I would move that we approve Item 14, AZ 06-048, and to include the photos
from the Public Hearing submitted by the applicant to the development agreement.
Rountree: Second.
De Weerd: Okay. I have a motion and a second to approve the project in front of you
with the comments provided by staff and Councilman Wardle. Is there any further
discussion? Hearing none, Mr. Berg, will you call roll.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea.
MOTION CARRIED: ALL AYES.
Meridian City Council
November 21, 2006
Page 41 of 43
De Weerd: Thank you. Item 15.
Wardle: Madam Mayor?
De Weerd: Mr. Wardle.
Wardle: I would move that we approve Item 15, PP 06-050, preliminary plat for
Creamline Park Subdivision, to include all staff, applicant, and public comments,
specifically to delete condition 1.2.8 on page two, to modify condition 1.2.6, the second
bullet to read the applicant shall submit an alternative compliance application to comply
with the buffer between land uses on the west property line to a ten foot landscape
buffer and six foot vinyl fence. Adding condition 1.2.11, preliminary plat, shall depict a
shared access and cross-access agreement -- easement for Lot 10, Block 1, such that it
shares a single access to Franklin Road with the property to the east and to modify
condition 3.2 to apply only to Lots 4,5,6 and 7.
Rountree: Second.
De Weerd: Okay. I have a motion and a second to approve Item 15 with an impressive
list. What memory. Mr. Berg, will you, please, call roll.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea.
MOTION CARRIED: ALL AYES.
Item 19:
Executive Session per Idaho State Code 67-2345(1)(a) - (to consider
hiring a public officer, employee, staff member or individual agent, not to
include. This paragraph does not apply to filling a vacancy in an elective
office); and Idaho State Code 67-2345(1)(b) - (to consider the
evaluation, dismissal or disciplining of, or to hear complaints or charges
brought against, a public officer, employee, staff member or individual
agent, or public school student): and Idaho State Code 67-2345(1)(c)-
(to conduct deliberations concerning labor negotiations or to acquire an
interest in real property, which is not owned by a publiC agency):
De Weerd: Council, Item 19 is Executive Session. Do I have a motion?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we go into Executive Session as per Idaho State Code 67-2345(1) (a), (1)
(b), (1) (c) and (1) (f).
Rountree: Second.
Meridian City Council
November 21.2006
Page 42 of 43
De Weerd: Okay. You have heard the motion. Mr. Berg, will you call roll.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea.
MOTION CARRIED: ALL AYES.
EXECUTIVE SESSION:
De Weerd: I would entertain a motion to come out of Executive Session.
Bird: So moved.
Rountree: Second.
De Weerd: All those in favor say aye.
MOTION -CARRIED: ALL AYES.
Wardle: Madame Mayor.
De Weerd: Mr. Wardle.
Wardle: I have a motion here - I move that we accept the Planning Administrator's
recommendation for a budget amendment of $2,666.66 for reimbursement of
educational expenses for her department - reclassification.
Bird: Second.
De Weerd: Okay, I have a motion and a second. Any discussion? Mr. Berg, will you
call roll.
Roll-Call: Wardle, aye; Bird, aye; Rountree, aye; Borton, aye.
MOTION CARRIED: ALL AYES.
De Weerd: Council, just a quick announcement. We did complete our 100 best for
young people application. I will see that Peggy gets you a copy of that. I would
entertain a motion to adjourn.
Rountree: So moved.
Bird: Second.
De Weerd: All those in favor.
Meridian City Council
November 21, 2006
Page 43 of 43
MOTION CARRIED: ALL AYES.
MEETING ADJOURNED AT 10:12 P.M.
(TAPE ON FILE OF THESE PROCEEDINGS)
APPROVED:
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