HomeMy WebLinkAbout2009 04-14Meridian City Council Meeting April 14, 2009
A meeting of the Meridian City Council was called to order at 7:05 p.m., Tuesday, April
14, 2009, by Mayor Tammy de Weerd.
Members Present: Mayor Tammy de Weerd, Keith Bird, Charlie Rountree, Brad Hoaglun,
and David Zaremba.
Others Present: Bill Nary, Jaycee Holman, Anna Canning, Bob Stowe, Joe Silva, Clint
Dolsby, Steve Siddoway, Bruce Freckleton, and Dean Willis.
Item 1: Roll-call Attendance:
Roll call.
X David Zaremba X Brad Hoaglun
X Charlie Rountree X Keith Bird
X Mayor Tammy de Weerd
De Weerd: I will go ahead and call us to order. It is Tuesday, April 14th. It's five minutes
after 7:00. We'd like to welcome you all here this evening and we will launch right into our
agenda. Roll call attendance, Ms. Clerk.
Item 2: Pledge of Allegiance:
De Weerd: Okay. Item No. 2 is adoption of the agenda. I'm sorry. I had my special
agenda. Okay. Item No. 2 is our pledge of allegiance. Tonight we will be led in the
pledge by our students that are guests here with us. Do you guys want to come on
forward -- come forward.
(Pledge of Allegiance recited.)
De Weerd: Now, are all three of you from Cole Christian? Yes? Well, thank you for
being here.
Item 3. Community Invocation by Russ McCrea with Living Grace Community
Fellowship:
De Weerd: Item No. 3 is our community invocation. If you will all join us in the
community invocation or take this as an opportunity for a moment of reflection. We will be
led today by Pastor Rex McCrea and if you will step forward to our microphones.
Thank you for being here.
McCrea: Thank you for the opportunity. Lord God, we do invite and invoke your
presence here this evening. Lord, I ask a blessing upon these your servants, those who
are in elected office and those who are taking extra time out of their days who have
appointed positions. Lord, bless each one, strengthen them, watch over their families and
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April 14, 2009
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care for them. God, also watch over our community which you have been so gracious to
provide us. We thank you for this city, this land to live in. Bless our president, our
senators, representatives and especially those of our armed forces serving to protect us.
We ask this in the name of Christ, amen.
Item 4: Adoption of the Agenda:
De Weerd: Thank you for joining us this evening. Okay. Item No. 4 is adoption of the
agenda.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: On the Consent Agenda, Item H, the resolution number is 09-661. There are
no other changes in the Consent Agenda. Under Department Reports, Item 7, we would
like to add a 7-B, which is the Legal Department, so it will 7-B-1, and that's a discussion
of the reimbursement code, which is, actually, listed on the agenda as Item 16. So, the
request is to remove it as Item 16 and have it become a discussion Item 7-B-1. Then
Item 10 has been requested to continue until April 28th and not hear that tonight. Items
11, 12, 13 have also been requested to be continued to April 28th and not be heard
tonight. And as previously mentioned, Item 16, the last item, we have requested to move
to 7-B-1 and do we need to add an Executive Session or are we just continuing the earlier
one?
Nary: You need to add it.
Zaremba: Okay. So, we will make a new Item 16 and that will be an Executive Session
in accordance with state -- Idaho State Code 67-2345(1)(f). And with that I move that we
adopt the agenda as amended.
Hoaglun: Second.
De Weerd: Okay. I have a motion and a second to adopt the agenda as amended. All
those in favor say aye. All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
Item 5: Karissa Tatom Prudential Spirit Award:
De Weerd: No. 5. We are honored to have Karissa Tannum -- and if I said that wrong, I
apologize. She received the Prudential Spirit Award and let me just give you a little bit of
an overview about Karissa. Karissa is a senior at Cole Christian -- Cole Valley Christian
and she is a peer tutor for disabled children. She's active in the drama department. She
is also the year book editor and she plays violin. I don't know where you find all that time.
She will be majoring in secondary education, focusing on English and art at the College of
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April 14, 2009
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Idaho. Very well chosen. That's where my daughter is going. And he's kind of partial as
well. Karissa received the Prudential Distinguished Finalist Award for her work in
providing hats and scarves to women and children who have lost their hair due to chemo
therapy. Karissa teamed how to knit hats and scarves specifically for the Mad Hatter
organization and she's here to talk about her award and leadership. Karissa, welcome.
Tatom: Hi. Good evening.
De Weerd: Hi.
Tatom: My name is Karissa Tatom. Thank you guys for the opportunity to speak to you
today. I hope that my presentation today will show you my heart for community service. I
was able to knit using the Nifty Knitter loom. These are incredibly easy to use, so anyone
can really learn to knit. Through knitting I was able to make hats and scarves that I
donated to Mountain States Tumor Institute. I was also able to deliver these hats and
scarves to Mountain States Tumor Institute, so I was provided with the opportunity to
really see where my gifts went. This service is really important to me, because when I
was young my sister had cancer. She was given a hat and with it she was given an
opportunity to look normal, even after she had lost her hair due to chemo therapy's
affects. Other service opportunities I had this year were in helping to clean and
organization our school for the fall reopening, donating and helping others to donate for
Operation Christmas Child. Co-leading our school's warm clothing drive to benefit
welfare needs and participating in the Cash Walk for the Homeless. And, then, also
recently in co-leading our school's Valentine drive to benefit the local women's shelter.
These opportunities have really blessed me, because they have given me the chance to
see all that I have and they have also really allowed me to see even if you're young you
can really make a difference. And it also helped me to really be able to help others that I
may not have daily contact with. So, just some ways that I thought that teens can get
involved based on my experiences are they can learn to knit and give it to the Mad Hatter
program, which really makes a difference when you see who it goes to and you have
personal experiences of really the impact it can have. Or you can also volunteer at a non-
profit organization, such as the Boys and Girls Club, World Relief, the Boise Rescue
Mission, the Idaho Food Bank, or the City Life Women's Shelter, are just some of those --
the ones that I have come in contact with. Or I know donations are always really helpful
at operation Christmas Child, World Relief, the Idaho Food Bank. So, I really saw that
just in my personal experiences these were just some of the ones that I daily came in
contact with that really gave me an opportunity to serve. Do you guys have any other
questions forme?
De Weerd: Council, do you have any questions for Karissa?
Rountree: I don't have any questions, but thank you for all you do. Great job.
Tatom: Thank you.
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April 14, 2009
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De Weerd: We appreciate you being here and I will come down and present you with our
City of Meridian pin.
Tatom: Oh, thank you.
De Weerd: But it's because of actions of young people like you that do make a difference
in our community, Karissa, I wanted to make sure that we had that opportunity to let you
know how much we appreciated what you did.
Tatom: Thank you.
De Weerd: And that your efforts do touch people and to use that ability to touch and lift
people up the rest of your life.
Tatom: Definitely. Thank you for the opportunity to speak to you guys tonight.
De Weerd: Thank you to your supporters for being here as well. You guys don't have to
stay for the rest of the meeting.
Canning: Escape while you can.
Item 6: Consent Agenda:
A. Approve Minutes of March 17, 2009 City Council Special Workshop
Meeting:
B. Approve Minutes of March 24, 2009 City Council Regular Meeting:
C. Approve Minutes of April 7, 2009 City Council Regular Meeting:
D. Human Resources Professional Services Agreement with
Kimberly Ingraham Pilates Classes:
E. Approve New Beer and Liquor License for Gino's Italian Ristorante
& Bar LLC, dba Gino's Italian Ristorante & Bar; located at 3015 W.
McMillan Rd., Suite 108, Meridian Idaho, 83646.
F. Approve Owner Transfer of Beer and Liquor License for Meridian
Mulligans LLC, dba Meridian Mulligans; located at 601 S. Main St.,
Meridian Idaho, 83642.
G. 2009-2010 Beer, Wine & Liquor License Renewals:
Chicago Connection 1629 N. Main St. Beer
Chicago Connection 1935 S. Eagle Rd. Beer & Wine
Wal-Mart #2862 4051 E. Fairview Ave. Beer & Wine
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April 14, 2009
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H.
J.
Rite Aid #5412
Fred Meyer
Carino's Italian Kitchen
Maverick Stores #233
Maverick Stores #343
Bill n Lynns Place
Qdoba Grill #474
Qdoba Grill #473
Fiesta Guadalajara
Groove Coffee
Pier 49 Pizza
Meridian Mulligans
Cafe' Indigo
1600 N. Main St. Beer & Wine
1850 E. Fairview Ave. Beer & Wine
3551 E. Fairview Ave. Beer & Liquor
1605 Cheny Lane Beer & Wine
1545 E. Overland Rd. Beer & Wine
229 W. Franklin Rd. Beer & Liquor
3319 N. Eagle Rd. Beer & Wine
3068 Overland Rd. Beer & Wine
704 E. Fairview Beer & Liquor
1800 N. Locust Grove Beer & Wine
3665 E. Overland Rd. Beer
601 S. Main St. Beer & Liquor
1789 S. Eagle Rd. Beer & Liquor
Resolution No. Amendment to the
Pathways Master Plan:
Amendment to Task Order No. 0775 with Brown and Caldwell for
Stormwater Pollution Prevention Plan Reviews for $15,000.00:
Chance Order No. 2 with Star Construction, LLC for Class A
Reclaimed Water Disinfection and Distribution for $12,055.05:
K. Task Order with Civil Survey Consultants. LLC for the Ten Mile
Road -Cherry Lane to Ustick Utility Improvement Project in
Conjunction with ACHD Project Number 503023 RD188:
L. Change Order No. 1 with McLeran Well Drilling for Well #8
Cleaning and Redevelopment for 28,985.00:
M. Subrecipient Agreement with Meridian Food Bank for Use of
PY07 Community Develoument Block Grant Funds:
De Weerd: Run. Okay. Item No. 6 is our Consent Agenda.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: Having previously noted that Item H on the Consent Agenda is resolution
number 09-661, I move we adopt the Consent Agenda as published and for the Mayor to
sign and the Clerk to attest.
Hoaglun: Second.
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April 14, 2009
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De Weerd: Okay. I have a motion and a second to approve the Consent Agenda. If
there is no discussion, Madam Clerk, will you call roll.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes.
MOTION CARRIED: ALL AYES.
Item 7: Department Reports:
A. Planning Department:
1. Discussion of Rock Ranch Request in Ada County:
De Weerd: Item 7-A is our Planning Department. I'll tum this over to Mrs. Canning.
Canning: Madam Mayor, Members of the Council, this is the Rock Branch Estates project
and this is an applicant request for review of an Ada County application for a large lot
subdivision and they are seeking to create four lots, each larger than five acres in area
and it is within the city's area of city impact. Our Title 9 agreement with Ada County
requires city approval of all subdivisions located within our area of city impact. So, to
locate you -- and the street names aren't on there, dam it. Between Linder and Ten Mile
on Amity, I believe. Yes. And it is about 20 acres, so you get just a little over four -- you
get four lots a little over five acres each and the applicant is going to go into more detail,
I'm just going to give a few brief statements. Our Title 9 agreement with Ada County also
requires that when these subdivisions come in that they provide a street and utility
easement plan, as well as the installation of dry sewer and water lines or a letter of waiver
from the Council to the Ada County Development Services director. The applicant has
requested a waiver of the requirement to install the dry lines. Public Works has indicated
that they will work with the applicant on a utility easement plan and that the dry lines for
utilities are not necessary. With respect to the street easement plan, the applicant has
revised the proposed plat map to provide a private road easement to the northern
property line for potential future connectivity as requested by the city. However, they are
requesting that the Council waive this requirement. This is the north property line. You
will see there is a fair grade here. And I can go back and show you some of the
surrounding area. You can see that grade line, it comes right across there through the
ridge. My mouse isn't working very well. So, the property to the north of them has
access to Linder -- boy, my mouse really doesn't want to work. There we go. The
property to the north does have access --direct access to Linder. If Council is inclined to
recommend approval of the application, staff will draft a letter with the appropriate
conditions and with that I'd like to turn it over to the applicant to talk further about the
subdivision plan, unless the -Mayor and Councilmen have questions.
De Weerd: Council, any questions?
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April 14, 2009
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Rountree: I have none at the time.
Bird: I have none.
De Weerd: Would the applicant like to come forward. Good evening. If you will, please,
state your name and address for the record.
Anderson: Okay. For the record, my name is Greg Anderson. 910 West Main Street,
Suite 310, Boise, Idaho. 83702.
De Weerd: Thank you.
Anderson: I will be representing the developer and owner of the Rock Ranch Estates
Subdivision tonight and I think staffs done a good job of explaining and describing our
project and I'll just go into a little bit more of our detail project. As stated, the subdivision is
going to be a four lot subdivision all with lots of five acres or greater. There is currently an
existing single family residence located on Lot 2. We are going to be providing individual
well and septic systems on this property. Direct access from the lots will be through the
private road which was on this called Rock Ranch Lane. As stated, this project is within
the city's area of impact and that's the reason why we are here today and there are,
essentially, two waivers that we are requesting and one was the waiver of the dry city --
dry city utility lines and we will be providing an easement for those utility mains if in the
future they need to be installed. And also the other waiver would be to stub our private
road to the northern boundary. In place of that we will be providing an easement to where
the city or a developer of some sort would be able to do so in the future if needed. With
that I will stand for any questions that you may have.
De Weerd: Council, any questions?
Bird: I have none.
Hoaglun: Madam Mayor, just one quick question.
De Weerd: Mr. Hoaglun.
Hoaglun: How many acres is that total? I know they are over five acres or five or more,
but how many acres is that total?
Anderson: Yeah. I believe the property is about 23 -- 23 and a half acres, more or less.
Hoaglun: Okay. Thank you.
De Weerd: Okay. Any other questions?
Rountree: Madam Mayor?
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April 14, 2009
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De Weerd: Mr. Rountree.
Rountree: You indicated you would be willing -- are willing to provide an easement to the
north for future extension of a private road?
Anderson: That's correct.
Rountree: What's the width of that easement?
Anderson: Fifty feet is what we would provide, unless the city would require us to do
larger widths. But the easement that we have provided for the proposed private road right
now is 50 feet wide, more than sufficient for what we need at this point in time. The road
that we have proposed out there is a -- is a 24 foot wide road with two shoulders and will
have borrow ditches on the sides of that.
Rountree: Madam Mayor, I'd ask a question of either Bruce or Clint. It seems to me on
that slope that a 50 foot easement for a roadway easement probably is pretty skinny.
Dolsby: Madam Mayor and Councilman Rountree, I would agree with that. We would
have to do a little more research to figure out exactly what the width would be, but that
does seem a little skinny to me as well. For sewer, you know, we wouldn't even need that
much, but for a road it would -- it could be.
Rountree: Just needed to know that.
De Weerd: Okay. Anything further from Council?
Canning: Madam Mayor, I forgot to mention that Chief Silva wanted to speak to this issue
as well.
De Weerd: Okay.
Silva: Madam Mayor and Members of the Council, we just want to go on the record. We
have communicated and sent our plan review comments to the county as of this date, but
one thing I wanted to go on record is that the homes over 3,600 square feet in this area,
because of the lack of water supply and probably those homes would be built before we
have water supply -- public water supply in that area, would be required to be sprinklered
if they exceeded 3,600 square feet. So, that's a condition that's unique to this situation as
being a rural development versus what we typically do in the city limits.
Anderson: And we agree with that condition of approval.
De Weerd: Thank you. Okay. Anything further from staff or Council?
Rountree: None.
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April 14, 2009
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Bird: I have none.
De Weerd: Okay. Thank you so .much. Okay. Council, I know that staff needs your
direction or would like your direction.
Rountree: Just a point of clarification, Madam Mayor. Anna, I know our Title 9
arrangements with the county indicates we need to approve these, but what happens if
we don't approve them?
Canning: I don't know.
Rountree: That was what I was kind of thinking would be the answer in what would be
the outcome.
Canning: Madam Mayor, Members of the Council, Council Member Rountree, I think it
ends up being a recommendation to Ada County. We haven't tested that
recommendation on this type of particular issue thus far. Sometimes our
recommendations are followed, other times they think that they don't have the legal
authority to say no or to ask for the things that we asked for. So, I'm not quite sure on this
one.
Rountree: Thank you.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: Is there a way through the process to convey to any future home builder that at
some point they will either want need or need to annex into the city and at that point they
would need to be meeting the city's commission -- conditions. So, whether the county
requires them or not, they need to be thinking ahead. Is there any way to convey that
information?
Canning: Madam Mayor, Members of the Council, Council Member Rountree, we have
on previous plats required that they put a consent to annexation, but that's where we
were providing sewer service to those plats. I don't think we have ever required one for a
larger lot subdivision, but it may be something we could do. State law, however, says that
if it's over five acres we can't force annex it is the way I understand that, but you have got
an attorney on the digs there, you better talk to him, so --
Zaremba: Well, I didn't mean forcefully. Some day they will choose -- they will be
surrounded by city and may want to choose and I'm just -- is there a way to warn them
that the city's requirements may be different than the county's requirements?
De Weerd: Mr. Nary.
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April 14, 2009
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Nary: Madam Mayor, Members of the Council, they are -- they are given notice that they
are in the city's area of impact. They wouldn't be given notice that there may be
differences in standards or requirements whether it's roadways, sewers, or whatever.
And there really isn't a mechanism in the law that exists today to really provide that
notice. The legislature has always been very apprehgnsive in adding more requirements
for noticing for real estate and so I understand exactly what you're asking and,
unfortunately, there isn't a mechanism to implement that today.
Zaremba: Thank you.
De Weerd: Any further questions?
Rountree: I have none.
Hoaglun: Madam Mayor, just a question. Clint had responded that we really don't know
what the width of that easement should be at this time based on the slope and different
things. Is that information that takes real long to get? What is the process for that? Take
a lot of engineering work on that? What do we need?
Dolsby: Madam Mayor and Councilman Hoaglun, I think that we could pull together that
information pretty quickly. If you wanted us to we could maybe table it for a week or two
and we could have something back to you.
Hoaglun: Thank you.
Dolsby: We would probably just propose that their engineer would provide us some more
information on what the cut slopes would be and, then, we could take a look at it and
maybe they would have a recommended width. Maybe that's 50 feet, maybe it's a little
more, and, then, we could run it through some or our own engineering and confirm it.
Hoaglun: Okay.
Canning: Madam Mayor, Members of the Council, I do want to point out one thing with
regard to the extension of the private road. That is a private street. The ownership of that
street is within all four lots. It's not on a separate parcel from what I can tell. So, to --
even if we get an easement to the northern property boundary, it would still require all four
owners working together to say, okay, I'm going to dedicate that as a public roadway and
when they dedicate that as a public roadway some of them may fall below five acres, too,
which they won't want to do. So, I mean there is -- as we have seen throughout the city,
private roads don't go away easy, so if Council really wants that to be a public road in the
future, you may need to make it a public road or request that it be a public road now.
De Weerd: Mr. Rountree.
Rountree: Madam Mayor, well, my comments on that particular piece of real estate is I
don't think you can build a road the way that -- that easement lined out anyway and meet
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April 14, 2009
Page 11 of 19
any kind of reasonable grade or cash your slopes within reasonable distance and still
have five acres. So, my position is that I would like to see possibly a utility easement
through there, but I don't know that I would necessarily support that it has to be a
roadway right of way.
De Weerd: Okay. Any further comment?
Rountree: Madam Mayor, just, again, in terms of phrasing and motion or the right words,
the Title 9 actually indicates that we approve or just send recommendations?
De Weerd: Recommendations.
Rountree: Either way, Anna or Bill.
Nary: Madam Mayor, Members of the Council, I believe it is just recommendations. The
county -- the state supreme court has said that this is a process outside of the state law in
the sense that the county has exclusive jurisdiction over this property, but because we.
have an agreement with them, then, we are allowed to, then, provide comments, which
they are free to ignore and I think Mrs. Canning was correct, my experience has been that
sometimes they ignore it, sometimes they following it, sometimes they change it, so -- but
it is an opportunity for us to weigh in, because it will become part of the city or it's
destined to become part of the city at some point in the future.
De Weerd: Thank you.
Rountree: Madam Mayor, if a motion is in order, I will attempt one.
De Weerd: Thank you.
Rountree: Madam Mayor, I move that we -- after hearing the discussion on Item No. 7,
De Weerd: Yeah. 7-A-1.
Rountree: 7-A-1, Rock Ranch request, that we submit our comments to Ada County
indicating our willingness to waive the dry line requirements based on the commitment on
the part of the developer to provide public utility easements within their subdivision and
that we not request a roadway right of way easement to the north, but a utility easement
to the north. And, further, that we -- somewhere I lost my notes. What was the other
one?
Zaremba: Madam Mayor, sprinklering. Sprinklering.
Rountree: Oh. And that the comments submitted by Meridian City and rural fire
department be incorporated in the future approval of this project.
Zaremba: Second.
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April 14, 2009
Page 12 of 19
De Weerd: Okay. I have a motion and a second. Any questions or discussion on that
motion? Hearing none, Madam Clerk, will you call roll.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
MOTION CARRIED: ALL AYES.
B. Legal Department:
1. Discussion of Reimbursement Code:
De Weerd: Thank you. Okay. Item 7-B goes to our legal. Mr. Nary.
Nary: Thank you, Madam Mayor, Members of the Council. I had asked that we removed
the reimbursement code. We are trying to meet a timeline to have this code for your final
reading by the end of the month, so we did submit it last week to the clerk's office. In
reviewing it yesterday -- Mr. Freckleton's here as well from the Public Works Department
and from Development Services. There were some wording issues that we were
uncomfortable with that we wanted to clarify a little bit better. Some of it was formatting;
some of the formatting as it got transposed over to our formatting system was off. Those
were real minor, but we just needed to correct it and we wanted it to look cleaner, but
there were some wording issues that we discussed yesterday. They don't change the
substance of the ordinance, they are more for clarity, but because of that we asked to
move it off of first reading, so that we could get those completed and, then, put it back on
for first reading next week and, then, if it meets your approval, then, we could put the
second and third reading on the last week of the month. But that was the reason. I think
we are pretty much ready to go. I have sent it to Bruce a couple times to just go through
it again to make sure we are all on the same page. I don't want to come back to you in
three months and amend it again. We want to make sure we get it all complete. It just --
it's a -- I wouldn't say a complicated ordinance, but certainly there is some -- there is
some minute details that we want to make sure it's covered and it's clear, so that we
aren't coming back and constantly changing it. But I don't know if Bruce has more to add,
but that was the reason, we just wanted to make you aware we were pulling it off just for
some clarification and put it back on for first reading next week.
De Weerd: Okay. Thank you. We'll look forward to seeing it in next week, then.
Nary: Great.
Item 8: Items Moved from Consent Agenda:
De Weerd: Okay. There were no items moved from the Consent Agenda.
Item 9: FP 09-003 Request for Final Plat approval for 5 building lots on 3.11 acres
in a C-G zoning district for Trade Plaza Subdivision No. 1 by Trade Plaza
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April 14, 2009
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Subdivision Development, LLC - NWC of S. Meridian Road and W.
Corporate Drive:
De Weerd: Item No. 9 is final plat FP 09-003. I will ask for staff comments.
Canning: Madam Mayor, Members of the Council, we have a letter from the applicant
stating they are in agreement with the conditions of approval with the clarification that
general requirement number two does not apply and should be deleted and with that we
should be good to go.
De Weerd: And you're okay with that?
Canning: Yes.
De Weerd: Okay. Council, any questions? Hearing none, do I have a motion?
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Hoaglun: I move that we approve FP 09-003, request for final plat for Trade Plaza
Subdivision No. 1, with the clarification that general requirement number two does not
apply and be deleted.
Rountree: Second.
De Weerd: Okay. I have a motion and a second. Any discussion? Madam Clerk, will
you call roll.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
MOTION CARRIED: ALL AYES.
Item 10: Continued Public Hearing from April 7, 2009: TE 09-012 Request for
approval of an 18 month Time Extension to obtain the City Engineer's
signature on the Final Plat for the second phase of Zebulon Heights
Subdivision No. 2 by Engineering Solutions, LLP -south side of E.
McMillan Road, west of N. Eagle Road:
De Weerd: Item No. 10 is a continued public hearing that has been requested to continue
to April 28th. Council, I would need a motion.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
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April 14, 2009
Page 14 of 19
Rountree: I move we continue Item 10 until April 28th.
Bird: Second.
De Weerd: I have a motion and a second to continue Item 10 to April 28th. All those in
favor say aye. All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
item 11: Public Hearing: AZ 08-015 Request for Annexation and Zoning consisting
of 15.05 acres from Ada County RUT to C-G (General Retail and Service
Commercial) and I-L (Light Industrial) zones for Fianut by Ronald Van
Auker -west side of S. Locust Grove, north of E. Overland Road and south
of I-84:
Item 12: Public Hearing: RZ 08-009 Request for Rezone of 1.69 acres from C-G
(General Retail and Service Commercial) to I-L (Light Industrial) zone for
Fianut by Ronald Van Auker -west side of S. Locust Grove, north of E.
Overland Road and south of I-84:
Item 13: Public Hearing: PP 08-012 Request for Preliminary Plat approval
consisting of 6non-residential building lots and 1 other lot in a proposed C-
Gand I-L zoning districts for Fianut by Ronald Van Auker -west side of S.
Locust Grove, north of E. Overland Road and south of I-84:
De Weerd: Items 11, 12, and 13 on AZ 08-015, RZ 08-009, and PP 08-012. I will open
these three public hearings. They have also been requested to continue to April 28th.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we continue public hearings AZ 08-015, RZ 08-009, and PP 08-012 to April
28th, 2009.
Rountree: Second.
De Weerd: I have a motion and a second to continue Items 11, 12, and 13 to April 28th.
All those in favor say aye. All ayes. Motion carves.
MOTION CARRIED: ALL AYES.
Item 14: Public Hearing: CPA 09-001 Request for a Comprehensive Plan
Amendment to change the text of the Comprehensive Plan incorporating the
Pathways Master Plan for Pathways Master Plan Text Amendment by
City of Meridian Planning Department:
Meridian City Council
April 14, 2009
Page 15 of 19
De Weerd: Item 14 is a public hearing on CPA 09-001. I will open this public hearing
with staff comments.
Canning: Madam Mayor, Members of the Council, this is a Comprehensive Plan text
amendment for the pathways master plan as adopted by the city and Parks Department.
The text amendment is proposing to incorporate by reference the Meridian pathways
master plan into the Comprehensive Plan at the request of the Parks and Recreation
Commission. The Meridian pathways master plan was adopted by City Council in July of
2007 and up states referencing the adopted pathways plan have been -- not yet
incorporated into the Comprehensive Plan. The intent of the text change is to maintain
consistency between the two documents, thus improving the administration of the
Meridian pathways master plan. So, we have been incorporating it into our development
review process, but this just clarifies that relationship in the Comprehensive Plan. The
Commission recommended approval at their March 5th, 2009, public hearing. The City of
Meridian planning department testified in favor. No one spoke in opposition, commented,
nor provided written testimony. There was no key issues of discussion or changes to staff
recommendation and to our knowledge there are no outstanding issues before Council.
And with that I will answer any questions you may have.
De Weerd: Thank you. Council, any questions for staff? Steve, do you have any
comment? You don't have to.
Siddoway: Just add briefly that this was in front of the Commission -- this originated with
the Commission first. They did pass a resolution of their own on November 12th, which,
then, since it was related to a Comprehensive Plan change, left the Parks and Recreation
Commission and went through Planning and Zoning before reaching Council and we are
in support this amendment.
De Weerd: Thank you. This is a public hearing. Is there anyone who would like to
provide testimony on this application? Seeing no public comment on this item --
Zaremba: Madam Mayor?
De Weerd: Yes, Mr. Zaremba.
Zaremba: Having heard staff and applicant-staff testimony and given the opportunity for
public comment, I move we close the public hearing on CPA 09-001.
Hoaglun: Second.
De Weerd: I have a motion and a second to close the public hearing on Item 14. All
those in favor say aye. All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
Meridian City Council
April 14, 2009
Page 16 of 19
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I move we approve CPA 09-001.
Hoaglun: Second.
De Weerd: I have a motion and a second to approve Item 14. Mr. Nary, do we need to
draw up a resolution?
Nary: Yes. That would be the motion -- that would be part of the motion and we would
bring that back.
De Weerd: Mr. Zaremba, I'm sure that was part of your motion, right?
Zaremba: I will include that in the motion, please.
Hoaglun: Second agrees.
De Weerd: Okay. Thank you. Any discussion?
Rountree: I have none.
De Weerd: Madam Clerk, will you, please, call roll on Item 14.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carves.
MOTION CARRIED: ALL AYES.
Item 15: Public Hearing: CPA 09-002 Request for a Comprehensive Plan
Amendment to change the text of the Comprehensive Plan to include Linder
Road overpass and associated pathways for Linder Road Overpass /
Pathway Text Amendment by City of Meridian Planning Department:
De Weerd: Item 15 is a public hearing on CPA 09-002. I will open this public hearing
with staff comments.
Canning: Madam Mayor, Members of the Council, this is another Comprehensive Plan
text amendment initiated by the Parks and Recreation Commission. It specifically deals
with the Linder Road and I-84 overpass as -- I wanted to put the map up here. This is a
text amendment, but I wanted to put the map up here, because some of you may not
know that we actually do show a potential overpass and that's what the purple dotted line
is. So, the City of Meridian Planning Department is requesting approval of the text
Meridian City Council
April 14, 2009
Page 17 of 19
amendment to incorporate language, supporting the construction of an overpass at Linder
Road and I-84 and an associated pathway. The language details the location, design,
and construction of the pathway with the construction of the overpass. The long range
transportation plan Communities in Motion, identified a future need for an additional
overpass at Linder Road. The proposed text change will provide clarity to the city and
partner agencies when the overpass is designed regarding the city's preferences for
incorporating a pedestrian facility per the Meridian pathways master plan. The proposed
language reaffirms the Linder Road pathways as an on-street route north and south of I-
84 and secondarily it states a need for the pathway across the bridge be physically
separated from the vehicle travel lane and, third, it recommends a side of Linder Road for
the future on-street pathway. So, it just provides a lot of clarity. I think what we found is
that as the other facilities have gone in, some of our pedestrian and bicycle needs aren't
clearly identified going into it and we don't have a chance to influence that. So, this helps
greatly with that. The Commission recommended approval at their March 5th, 2009,
public hearing. Again, the Planning Department testified in favor and there was no one in
opposition, commenting, or providing written testimony, nor were there any key issues of
discussion or changes to staffs recommendation. And to our knowledge there are no
outstanding issues before City Council. With that I'll answer any questions.
De Weerd: Steve, any comments from the Parks Commission on this one?
Siddoway: The Commission did review this and initiated this as a clarification. As noted,
the Comprehensive Plan already did have an overpass at this location, as well as a
pathway, but the text did not provide clarity as to how that should be implemented when
the actual overpass is designed. So, this is intended to help influence that future design
project and with that I'll stand for any questions.
De Weerd: Thank you, Steve. Council, any questions for staff?
Rountree: I have none.
De Weerd: This is a public hearing. Is there any member of the public who would like to
provide testimony on this application? Okay.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: Having heard staff and applicant-staff testimony and the opportunity for public
testimony, I move we close the public hearing on CPA 09-002.
Hoaglun: Second.
De Weerd: I have a motion and a second to close the public hearing Item 15. All those in
favor say aye. All ayes. Motion carves.
Meridian City Council
April 14, 2009
Page 18 of 19
MOTION CARRIED: ALL AYES.
Zaremba: Madam Mayor?
Canning: Mr. Zaremba.
Zaremba: I move we approve CPA 09-002 and request staff to prepare a resolution to
that effect.
Hoaglun: Second.
De Weerd: I have a motion and a second to approve Item 15. Is there any discussion?
Madam Clerk, roll call.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
Item 16: Ordinance No. Reimbursement Code (1~ of 3
Readings):
De Weerd: Item 16 was addressed under Department Reports.
Item 17: Executive Session per Idaho State Code 67-2345(1)(f) - (to consider and
advise its legal representatives in pending litigation):
De Weerd: Our last item of the evening is an Executive Session. Do I have a motion?
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Hoaglun: I move that we go into Executive Session per Idaho State Code 67-2345(1)(f).
Rountree: Second.
De Weerd: I have a motion and a second to adjourn into Executive Session. Madam
Clerk, will you call roll.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
MOTION CARRIED: ALL AYES.
EXECUTIVE SESSION.
Meridian City Council
April 14, 2009
Page 19 of 19
Bird: Move we come out of Executive Session.
Rountree: Second.
De Weerd: All those in favor say aye. All ayes. Motion carves.
MOTION CARRIED: ALL AYES.
Bird: Madam Mayor, I move we adjourn.
Rountree: Second.
De Weerd: All those in favor?
MOTION CARRIED: ALL AYES.
De Weerd: We are adjourned.
MEETING ADJOURNED AT 9:04 P.M.
(AUDIO RECORDING ON FILE OF THESE PROCEEDINGS)
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DATE APPROVED
JA EE HOLMAN, CITY CLERK