HomeMy WebLinkAbout2004 02-17Meridian City Council Meeting February 17, 2004
The Regular Meeting of the Meridian City Council was called to order at 7:15
P.M., on Tuesday, February 17, 2004, by Mayor Tammy de Weerd.
Members Present: Mayor Tammy de Weerd, William Nary, Keith Bird, Charlie Rountree, and Shaun Wardle.
Others Present:
Bill Nichols, Will Berg, Anna Powell, Brad Watson, Kenny Bowers, Bill Musser, Doug Strong, Gary Smith, and Dean Willis.
Item 1. Roll-call Attendance:
X Shaun Wardle
X Bill Nary
X Charlie Rountree X Keith Bird
_X Mayor Tammy de Weerd
De Weerd: Okay. I will go ahead and call the City Council Regular
Meeting of Tuesday, February 17th to order. It's 7:15. I'd like to welcome you all here tonight and ask the City Clerk to, please, call roll.
Item 2. Pledge of Allegiance:
De Weerd:
Item Number 2 is the Pledge of Allegiance. We will be led by Troop 151.
(Pledge of Allegiance recited.)
Item 3. Community Invocation by Craig Flinn -- Pastor at Meridian Alliance
Church:
De Weerd: Thank you, Troop. I do have some pencils for you. Thank you. Okay. Item Number 3 is our community invocation by Pastor Craig Flinn from Meridian Alliance Church.
Flinn:
Let us pray together. God, we acknowledge your presence, your authority in our lives. We realize we just saw a glimpse of a vision that you're putting in the hearts of the people
of the city. We are reminded, God, that you are the God of revelation and you have a vision and that vision you want to reveal to these people. God, in all the proceedings, all the
conversations tonight, I prayed that your voice will be heard, that the hearts will be attentive to listen for your revelation that we can see clearly afresh tonight the next steps for
the city. We pray for wisdom and revelation for this Council who you have appointed to lead. I pray for revelation for them, I pray for understanding, I pray for courage, God, as they
listen and reflect and see what you want them to do, they will do the right thing and step out in courage. We bless this Council, Lord. We thank you for the leadership you blessed
the city with and we pray a blessing on them and on the whole meeting, God, we pray your blessing in Jesus' name, amen.
Item 4. Adoption of the Agenda:
De Weerd: Pastor Flinn, I would like to present you our water tower pin and thank you for joining us here tonight. Okay. Item Number 4 is the adoption
of the agenda.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I would move that we approve the agenda as published.
Rountree: Second.
De Weerd: Okay. It's been moved and
seconded to adopt the agenda as published. Is there any discussion? Okay. All those in favor say aye. All ayes. Motion carried.
MOTION CARRIED: ALL AYES
Item 5. Consent Agenda:
A. Approve minutes of January 13, 2004 Pre-Council Meeting:
B. Approve minutes of January 20, 2004 City Council Regular Meeting:
C. Approve minutes of January 20, 2004 City Council
Special Meeting:
D. Findings of Fact and Conclusions of Law for Approval: PFP 03-005 Request for Preliminary / Final Plat approval of 2 building lots on 52.84 acres in an I-L zone
for Jabil Subdivision by Jabil Circuit, Inc. – 1303 East Central Way:
E. Findings of Fact and Conclusions of Law for Approval: CUP 03-061 Request for a Conditional Use Permit for
a dental office in an L-O zone for Gaudry Dental Office by Dr. Robert Gaudry – southeast corner of Millenium Way and Gala Street in Resolution Business Park:
F. Findings of Fact and
Conclusions of Law for Approval: PP 03-040 Request for Preliminary Plat approval of 5 building lots on 3.49 acres in an L-O zone for Financial Plaza Subdivision by Idaho Central Credit
Union – 2225 East Overland Road:
G. Findings of Fact and Conclusions of Law for Approval: AZ 03-034 Request for Annexation and Zoning of 11.31 acres from RUT to R-8 and L-O zones for proposed Razzberry Crossing by
Carl and Bonnie Reiterman – south of East McMillan Road and west of North Locust Grove Road:
H. Findings of Fact and Conclusions of Law for Approval: PP 03-039 Request for Preliminary
Plat approval of 34 residential building lots, 4 professional office lots and 6 common lots on 11.31 acres in proposed R-8 and L-O zones for proposed Razzberry Crossing by Carl and Bonnie
Reiterman – south of East McMillan Road and west of North Locust Grove Road:
I. Findings of Fact and Conclusions of Law for Approval: CUP 03-062 Request for a Conditional
Use Permit for a Planned Development containing a mix of residential and professional office uses in proposed R-8 and L-O zones for proposed Razzberry Crossing by Carl and Bonnie Reiterman
– south of East McMillan Road and west of North Locust Grove Road:
J. Request for Approval of letter to Michael Le/US EPA re: Pretreatment Program
K. Sewer Main Easement for Parkway
Subdivision:
L. Union Pacific Railroad Pipeline Crossing Agreement – Black Cat:
M. Well #26 Production Well – Contract with Hydrolic:
N. Geographic Information Systems (GIS) Hardware,
Software, and Installation Services Contract with HDR:
O. Sr. Citizen ICDBG Professional Service Contract with SAGE:
P Resolution No. 04-421: Fair Housing:
Q. Resolution No. 04-422:
Anti-Displacement and Relocation Assistance Plan:
R. Resolution No. 04-423: Citizen Participation Plan:
S. Resolution No. 04-424: Non-Discrimination on the Basis of Disability:
T. Resolutio
n No. 04-425: Grievance Procedure:
U. Resolution No. 04-426: Amendment to the Collective Labor Agreement, between the City of Meridian and Local #2311 International Association of Fire Fighters.
De Weerd: Item 5 is
the Consent Agenda.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I would move that we approve the Consent Agenda and that includes Resolution 04-421, 04-422, 04-423, 04-424, and
04-425 and for the Mayor to sign and the Clerk to attest on all proper papers.
Rountree: Second.
De Weerd: It's been moved and seconded to approve the Consent Agenda with the specification
on the Items P through T for the numbers as stated. Mr. Clerk, will you, please, call roll.
Roll Call: Bird, aye; Rountree, aye; Wardle, aye; Nary, aye.
MOTION CARRIED: ALL AYES
Item
6. Department Reports:
A. Mayor’s Office
1. Appointment of P&Z Commissioner:
De Weerd: Thank you. Okay. Item Number 6, Department Reports. I have the first report. I would
like to appoint Wendy Huckabay to the Planning and Zoning Commission. Wendy is here with us. Wendy, you want to stand up? Wendy will be our citizen at large on our Planning and Zoning
Commission and she does understand it's a six year term, much longer than the terms you serve, so -- and I didn't break her arm by, you know, getting her to do this. Thank you for joining
us, Wendy. You each should have received a copy of her letter of interest and her resume. We did have the two Planning and Zoning Commissioners, Keith Borup and David Zaremba, as well
as Council President Nary, sit down and interview a couple of the applicants that would fill the at-large seat and we extended the offer to Wendy to join our Commission. Is there any
question?
Nary: Madam Mayor?
De Weerd: Mr. Nary.
Nary: Not a question, but simply a comment. As you stated, I did sit in on the interviews. I think Wendy was an excellent choice. I think she's going to do a wonderful job. I think
she's very excited and she's very interested. I think she's going to be a very good asset to the Commission and I think it's nice for the Commission to be up to full strength with a
person of her caliber. I think it's going to be a good fit.
Bird: Was that your motion to accept her?
Nary: I would move that we accept the appointment of Wendy Newton Huckabay
to the P&Z Commission for the new term -- I guess the term that begins now, 2004 to 2010.
Bird: Second.
De Weerd: Okay. It's been moved and seconded to approve the appointment
of Wendy Newton Huckabay to the Planning and Zoning Commission. All those in favor say aye. All ayes. Motion carried.
MOTION CARRIED: ALL AYES
B. Parks and Recreation Department
– Doug Strong
2. Agreement with Meridian Youth Baseball:
De Weerd: Thank you, Wendy. Wendy will be sitting in the audience Thursday night to kind of observe before she sits up
here. Again, thank you for your willingness to serve. Okay. Item 6-B is the Parks and Recreation Department. Doug Strong.
Strong: Madam Mayor and Members of the Council, as you
recall about five weeks ago you were presented with a concept of development for the 23.5 acres, the western portion of Meridian Settler's Park for Meridian Youth Baseball-Softball.
At that time, we were directed to come back with an agreement between the City and Meridian Youth Baseball and that's what you have before you tonight in the draft format. This is
the first draft of what will become an agreement between our two organizations and it's had -- it's received some comment to this point and certainly we will open for further comment
before it's sent to representatives from Meridian Youth Baseball for their review and potential signature. With that, open the floor for questions.
De Weerd: So, Doug, essentially,
we are -- this is a first look and so if you can get comments back to Doug or Mr. Nichols, so they can be incorporated. Do you have any questions for Doug at this point?
Bird: Madam
Mayor?
De Weerd: Mr. Bird.
Bird: The representatives from Meridian Youth Baseball do have a copy also right?
Strong: I just handed him one this evening, but it's not -- if there are any changes that are going
to be incorporated into this initial draft, they would -- that would take place and he'd get a copy with those changes, so --
Nary: Madam Mayor?
De Weerd: Mr. Nary.
Nary: What
is the timetable, so that if we have additional comments to Mr. Nichols or to Doug? This week? You want to have this on in two weeks, if we can get it resolved in a couple weeks and
get it on the agenda?
De Weerd: I guess we have -- we had committed -- I think it was last week that we would have this completed and so I'd like to ask that you have comments done
by Friday, so they can be incorporated and talked about next week. Does that sound fair? I know Doug has already had a chance to review it, as have I, and so if you can get any comments
by the end of the week, we can revisit this again next week.
Rountree: To Doug or Bill?
De Weerd: What would be your preference? To Bill? Okay.
Strong: Madam Mayor, actually,
if Bill and I could both get copies of the comments -- depending on how they -- if they come by e-mail, then, we can look at them at the same time and communicate back and forth.
Bird:
E-mail both of you?
Strong: Yes.
De Weerd: Okay.
Strong: Just to clarify, the comments come to us by Friday and this will be on next weekend's agenda for a review of a final
draft that will to be Meridian Youth Baseball or should we send that draft to Meridian Youth Baseball at that time?
De Weerd: We should be able to take care of that on Tuesday. If
there are any further changes that need to be made, they can get those made before they are sent onto them.
Strong: Okay. Thank you.
De Weerd: Okay. Okay. Thank you, Doug.
Strong: Thank you.
Item 7. (Items Moved from Consent Agenda)
De Weerd: Okay. There were no items moved from Item Number 7.
Item 8. Tabled from February 10, 2004: FP 04-001
Request for Final Plat approval of 31 single-family residential building lots and 4 common lots on 5.2 acres in an R-8 zone for Highgate Subdivision No. 1 by Harris Homes, LLC – 2700
North Meridian Road:
De Weerd: So, we will move to Item Number 8, which is tabled from February 10th, FP 04-001, Highland Subdivision No. 1 and start with staff comments.
Powell:
Madam Mayor, Council, this is Highgate Subdivision No. 1. No. 2 will follow it shortly and most of the discussion is the same, just to forewarn you on that item. This Phase Number
1 is -- the blue circle isn't showing up terribly well today, but it's kind of in the lower left-hand corner there and it is 31 single-family lots and four other landscape lots. This
was the approved Preliminary Plat. This is the Phase 1 Final Plat. The only outstanding issue on this is the canal that comes back here and as a condition of approval for the Preliminary
Plat they were required to present an encroachment agreement with the application for the Final Plat. They have not completed that process. However, they are midway through. I did
call -- they do have a letter saying that staff has basically forwarded it on to the decision making body for the district and they -- I called the attorney to see if it was a favorable
letter or not, because it was couched very carefully. He said, generally, if they get a letter like that, it means that they will have that approval forthcoming. We have made it a
prior -- that they have to show that encroachment agreement prior to signature on the Final Plat. If they aren't able to get that encroachment agreement, they are probably going to
be in for a new preliminary plat, because their lot sizes will fall below the minimum necessary in that area. I think we have covered it. Staff's satisfied at this point and that was
the only issue remaining on this particular phase. With that, I will end staff's presentation.
De Weerd: Any questions for staff? Does the applicant have any comment that they would
like to make on this application? The applicant is in agreement with staff. Council?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Hearing no more discussion, I would move we
approve FP 04-001, Final Plat for 31 single family residential building lots and four common lots for Highgate Subdivision No. 1 and to include staff comments regarding the agreement
on the Batt Canal and for the attorney to draw up the Findings -- the proper papers.
Rountree: Second.
De Weerd: It's been moved and seconded to approve FP 04-001 for Highgate Subdivision No. 1. Is there any further discussion? Mr. Clerk, will you call roll.
Roll
Call: Bird, aye; Rountree, aye; Wardle, aye; Nary, aye.
MOTION CARRIED: ALL AYES
Item 9. Tabled from February 10, 2004: FP 04-002 Request for Final Plat approval of 45 single-family
residential building lots and 4 common lots on 10.49 acres in an R-8 zone for Highgate Subdivision No. 2 by Harris Homes, LLC – 2700 North Meridian Road:
De Weerd: Thank you. Item
9 was tabled from February 10th, FP 04-002, Highgate Subdivision No. 2. Staff comments.
Powell: Madam Mayor, Members of the Council, this is the remainder of what was the Preliminary
Plat for Highgate Subdivision and, again, there is the same issue along the south boundary with the encroachment agreement. My mouse does not want to work. That's in this area here.
There is kind of -- the second issue that remains on this one is regarding the Onweiler tiling. You may have remembered -- I think it was about a month ago we looked at Silhouette
Subdivision in this area and the discussion was at the preliminary plat stage for Highgate that whatever Silhouette ending up doing on this side they'd do the same thing. Basically,
staff has made it a condition of approval to go with what you approved on Silhouette, which was tiling it and, then, putting a pathway and I believe there is a fence as well. That issue
was the only other issue that we wanted to point out to you.
De Weerd: So, Anna that is issue is not, because it's been resolved through the other application?
Powell: Correct.
I just wanted to point out that that was noted in the staff report, but we believe that all the issues are resolved on this.
De Weerd: Okay.
Powell: So, with that I will end staff's
presentation. It is -- both of these have been in compliance with the approved Preliminary Plat. The reason they have been tabled is there was a little discrepancy on some of the open
space areas, but we got that resolved before we brought it to you, so --
De Weerd: Thank you.
Powell: -- we are good to go.
De Weerd: Appreciate that. Council, any questions for staff? Is the applicant in agreement? Okay. Is there any further discussion? Okay. Do I have a motion?
Rountree: Madam
Mayor?
De Weerd: Mr. Rountree.
Rountree: I move that we approve the request Item Number 9 or FP 04-002, Highgate Subdivision No. 2, including the staff comments and special considerations
and have the attorney draw up the appropriate papers.
Bird: Second.
De Weerd: Okay. It's been moved and seconded to approve FP 04-002 for Highgate Subdivision No. 2. Is there
any further discussion? Mr. Clerk, will you call roll.
Roll Call: Bird, aye; Rountree, aye; Wardle, aye; Nary, aye.
MOTION CARRIED: ALL AYES
Item 10. FP 04-008 Request for Final
Plat approval of 56 single-family residential building lots and 2 common lots on 17.8 acres in an R-4 PD zone for Lochsa Falls Subdivision No. 9 by Lochsa Falls, LLC – west of North
Linder Road and south of West Chinden Road:
Item 11. FP 04-007 Request for Final Plat approval of 26 single-family residential building lots and 1 common lot on 11.96 acres in an R-4
PD zone for Lochsa Falls Subdivision No. 10 by Lochsa Falls, LLC – west of North Linder Road and south of West Chinden Road:
De Weerd: Okay. Item 10 is FP 04-008, for Lochsa Falls
Subdivision No. 9. Staff comments, please.
Powell: Madam President, Members of Council, I knew there was something I forgot to tell you before the Council started. The applicant
and staff has asked that you continue these for a week. There was an issue with one of the easements and getting that squared away on the plat.
De Weerd: Is that for 10 and 11?
Powell:
Yes.
De Weerd: Okay. Thank you so, just one week?
Powell: Yes.
De Weerd: To the 24th. Okay.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I would move that we table FP 04-002 and FP 04-008, both of them for Lochsa Falls, one is -- or,
no, excuse me. FP 04-008 and FP 04-007, both of them are for Lochsa Subdivision, one's No. 9, one's No. 10, until February 24, 2004.
Rountree: Second.
De Weerd: Okay. It's been
moved and seconded to table Items 10 and 11 to February 24, 2004. Any further discussion? Hearing none, all those in favor say aye. All ayes. Motion carried.
MOTION CARRIED: ALL
AYES
Item 12. FP 04-006 Request for Final Plat approval of 52 single-family residential building lots and 6 common lots on 16.94 acres in an R-8 zone for Sundance Place Subdivision
No. 1 by Sundance Limited Company, LLC – north of East Ustick Road and east of North Meridian Road:
De Weerd: Item 12 is FP 04-006, Sundance Place Subdivision No. 1. Start with staff
comments.
Powell: Madam Mayor, Members of the Council, this is the first phase of Sundance Place, but this is just north of Sundance Subdivision, so you're very familiar with the
name by this point. It is just to the north. The first Final Plat is on the west side there. It is shown here -- it is in substantial compliance with the approved Preliminary Plat.
There was one outstanding issue on this and that was apparently, there has been a little confusion over time as to which Irrigation District has authority. The solution is that for
now the pressurized irrigation system will be owned and operated by the homeowners association. This takes care of the concerns that were expressed in the letter from Moffatt Thomas
prepared by Scott Campbell, who is the attorney for the Settler's Irrigation District and the applicant believes that they have got it resolved at this point in that the condition of
approval seems to give enough leeway there that we can move forward.
De Weerd: So, you feel comfortable with that?
Powell: Yes.
De Weerd: Thank you.
Powell: And Public Works
is saying yes over here also.
De Weerd: Okay. The recording doesn't pick up the nod, but we'll acknowledge him. Any questions from Council or further comments from staff? Okay. Is the applicant in agreement?
Is the applicant here? Okay. Thank you. Is there any further questions or discussion? I would entertain a motion.
Nary: Madam Mayor?
De Weerd: Mr. Nary.
Nary: I would move
to approve FP 04-006, Item 12, Sundance Place Subdivision No. 1 pursuant to all staff comments, for Council to prepare the appropriate documents.
Wardle: Second.
De Weerd: It's
been moved and seconded to approve FP 04-006 for Sundance Place Subdivision No. 1. Is there any further discussion? Mr. Clerk, will you call roll.
Roll Call: Bird, aye; Rountree,
aye; Wardle, aye; Nary, aye.
MOTION CARRIED: ALL AYES
Item 13. FP 04-009 Request for Final Plat approval of 85 single-family residential building lots and 8 common lots on 23.15
acres in an R-8 zone for Castlebrook Subdivision No. 3 by Liberty Development, Inc. – 4000 West Pine Avenue:
De Weerd: Item 13, FP 04-009, Castlebrook Subdivision No. 3. We will start
with staff comments.
Powell: Sorry about that, Madam Mayor, Members of the Council, I didn't get quite organized before I came here. Okay. This is the approved Preliminary Plat
for Castlebrook. It was called Castlebrook No. 2, not -- because it was the second Preliminary Plat. Don't get confused, but this is -- the first preliminary plat was done as phase
one and two, so this is phase three of Castlebrook, but the approved Preliminary Plat was for Castlebrook No. 2. The Castlebrook Subdivision No. 3 Final Plat today is about -- for the
left-hand side of that, so it would be the western half of the subdivision. They have it here broken out into two sheets north and south. It's a little more difficult to follow. I
think you can see the connecting road there. It is for 85 single-family residential lots. We did want to point out a couple things to you. One was that when this was approved the
Preliminary Plat at the north end of the site, the applicant offered to do an off-site improvement. That's why you see that on the conditions of approval. It was part of their initial
offering. The Ten Mile Drain in this case is on separate ownership and so that they offered to do a pathway along that drain as an off-site improvement. Also, in your files you will
see a couple letters, one from Bailey Engineering regarding the request that -- the need to put the FEMA flood plain
information on the plat doesn't exist. We looked at this prior to the hearing tonight and as far as we can tell there is some possibility that that floodway -- or flood plain, excuse
me, still extends beyond the boundaries of the property owned by that -- I'm not sure who owns it at this point, but it is a possibility that it extends onto this plat. We did want
to keep that as a condition of approval. If they can demonstrate that it's not applicable, then, of course, we won't require it on the Final Plat. The other one is regarding -- there
is a memo to the Mayor and Council from Sonya Allen and Bruce Freckleton regarding a few changes to the conditions of approval and the wording and an additional -- actually, it's two
additional conditions of approval and, then, a modification to one of the site specific requirements, Number 18. The applicant was made aware of these. He didn't have any problem with
them. We did -- he happened to be in the office when we were developing them, so we did talk to him about it, and he didn't express concern. That was Kevin Amar. Other than that,
I think they are pretty self-explanatory. They are not big changes it was just some clarification. With that, I will end staff's presentation.
De Weerd: Okay. Any questions for
staff? Is the applicant here and in agreement with the staff comments? Okay. Thank you. Council?
Wardle: Madam Mayor?
De Weerd: Mr. Wardle.
Wardle: I move that we approve
FP 04-009 and include all staff comments, including the modified staff report and to have the attorney draw up the proper papers.
Bird: Second.
De Weerd: Okay. It's been moved
and seconded to approve FP 04-009, Castlebrook Subdivision No. 3. Any further discussion? Okay. Mr. Clerk.
Roll Call: Bird, aye; Rountree, aye; Wardle, aye; Nary, aye.
MOTION
CARRIED: ALL AYES
Item 14. Public Hearing: RZ 03-012 Request for a Rezone of .85 acre from R-15 to O-T for proposed Strickland Subdivision by Roy Strickland – 1225 Main Street:
Item 15. Public Hearing: PFP 03-006 Request for Preliminary Final Plat approval of 2 building lots on .85 acre in a proposed O-T zone for proposed Strickland Subdivision by Roy Strickland
– 1225 Main Street:
Item 16. Public Hearing: CUP 03-063 Request for a Conditional Use Permit to allow a medical office building in a proposed O-T zone for proposed Strickland Subdivision
by Roy Strickland – 1225 Main Street:
De Weerd: Thank you. Okay. Items 14, 15, and 16 are Public Hearings for Strickland Subdivision. I will go ahead and open all three, RZ 03-012, PFP 03-006, and CUP 03-063. We will
open these Public Hearings with staff comments.
Powell: Madam Mayor, Members of the Council, this is a downtown property. It does extend from Main Street to Meridian Street, as shown
in the map here. They are requesting a rezone from R-15 to Old Town and that would be consistent with the Comprehensive Plan. The Conditional Use Permit, which is part of this request,
is to allow a dental office on the western side of the property the one facing Meridian Road, and the Preliminary Plat is to divide the property in half. There is an existing house
on the eastern -- and several accessory structures on the eastern half that will remain. The medical office building will go on the western half. That's the plat as it was shown.
All three applications do come forward with a recommendation for approval from the Planning and Zoning Commission. At that hearing, the applicant's representative Charles Eldredge testified
in favor of the application. There was no other testimony given. The key questions and discussion items were primarily regards to signage. I think you will remember we had some difficulty
establishing what the appropriate signage is in Old Town, because there is nothing stated. The applicants for this project propose that they just go with the light office standards
for signage and the Planning Commission agreed that that was appropriate so we have resolved that issue. The other question was about how many monument signs they could have on Meridian
Road. They did choose just to go with one. Then, there was also some minor discussion about the trash enclosure and whether it was in a public works easement and the location of the
drainage and irrigation system. There were a few things that needed to be clarified at the Planning and Zoning Commission, but we pretty much got those worked out and those conditions
were modified. I don't believe there are any outstanding issues before the Council. It is a pretty straightforward office development. Here are the elevations, if you would like to
look at them. With that, I can answer any questions. The office building is here, as you see, and, then, it was a pretty straightforward parking lot. The alley will serve two-way
traffic and ACHD has approved it for two-way traffic. They will come in on the alley, they will go into the parking areas, and be able to come back out that way. One of the conditions
of approval on the eastern side was that the residents no longer use their driveway, but they use the alley instead for getting into their house and that -- and regarding the residential
use, that will just stay residential use until such time as they want to develop. Then, they will just go through the appropriate approvals at that time, depending on what they are
for the eastern half of the property. With that, I will end staff's presentation.
De Weerd: Okay. Council, any questions for staff?
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree:
Anna, could you take me back to the aerial?
Powell: Sure.
Rountree: Thank you. I just needed to get my bearings.
Powell: Okay.
De Weerd: Thank you. As part of our ordinance, in Public Hearings we do ask that those
wishing to testify be sworn in and so I will ask those of you who would like to enter in testimony on any of the applications tonight, if you will, please, raise your right hand. Even
the applicants, if you're going to give testimony. Okay. Do you promise that the testimony that you provide tonight is the truth, the whole truth, and nothing but the truth, so help
you God?
(Affirmative answers.)
De Weerd: Thank you. Okay. Would the applicant, please, like to step forward. Thank you. Please state your name and address and spell your last
name if you would, please.
Eldredge: Okay. Charles Eldredge. I'm with Specialty Homes. We are at 2525 Stokesberry Place in Meridian. My last name is spelled Eldredge.
De Weerd:
Thank you.
Eldredge: Madam Mayor and Members of the Council, we represent Dr. Strickland in regards to Strickland Subdivision here and what we are proposing, as stated in the staff
report, basically a rezone to Old Town, a Conditional Use Permit for a doctor's office, and a subdivision to divide the property in two. As it sits right now, it's one residence spanning
from Meridian Street to 1st Street. As far as the staff, we worked closely with them and we are in agreement with all their recommendations and stand for any questions at this time.
De Weerd: Thank you. Any questions from Council? Okay. Thank you so much. Is there anyone else in the audience who would like to issue testimony on these three items? Okay.
Council?
Nary: Madam Mayor?
De Weerd: Mr. Nary.
Nary: I guess hearing no other testimony, I would move to close the Public Hearings on Items 14, 15, and 16, the rezone, final
-- Preliminary and Final Plat and CUP for Strickland Subdivision.
Bird: Second.
De Weerd: Okay. It's been moved and seconded to close the Public Hearings on Items 14, 15, and 16. Is there any further discussion? All those in favor say aye. All ayes. Motion
carried.
MOTION CARRIED: ALL AYES
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Hearing no further comment, I would move that we approve RZ 03-012, a rezone of .85 acres and
to include -- for Strickland Subdivision, to include staff and applicant comments and attorney to draw up the proper papers.
Wardle: Second.
De Weerd: Okay. It's been moved and
seconded to approve RZ 03-012 for Strickland Subdivision. Is there any further discussion? Mr. Clerk, will you call roll?
Roll Call: Bird, aye; Rountree, aye; Wardle, aye; Nary,
aye.
MOTION CARRIED: ALL AYES
De Weerd: Thank you. Okay. Item Number 15.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I move that we approve the Preliminary/Final
Plat for PFP 03-006, Strickland Subdivision and include -- incorporate all staff comments and site-specific considerations and have the attorney prepare appropriate papers.
Bird:
Second.
De Weerd: Okay. It's been moved and seconded to approve Item 15, PFP 03-006 for Strickland Subdivision. Is there any further discussion? Okay. Mr. Clerk.
Roll Call:
Bird, aye; Rountree, aye; Wardle, aye; Nary, aye.
MOTION CARRIED: ALL AYES
De Weerd: Thank you. Okay. Item Number 16.
Wardle: Madam Mayor?
De Weerd: Mr. Wardle.
Wardle: I move that we approve Item Number 16, CUP 03-063, Conditional Use Permit for Strickland Subdivision, to include all staff and applicant comments and
to have the attorney draw up the proper papers.
Bird: Second.
De Weerd: It's been moved and seconded to approve Item 16, CUP 03-063 for Strickland Subdivision. Is there any further
discussion? Okay. Thank you, Mr. Clerk.
Roll Call: Bird, aye; Rountree, aye; Wardle, aye; Nary, aye.
MOTION CARRIED: ALL AYES
Item 17. Public Hearing: CUP 03-064 Request for
a Conditional Use Permit for a Planned Development for two buildings on one lot in a L-O zone for Capital Christian Center by Capital Christian Church – 2760 East Fairview Avenue:
De
Weerd: Okay. Item 17 is a Public Hearing for CUP 03-064, for the Capital Christian Center. I will open this Public Hearing with staff comments.
Powell: Madam President -- dang
it. Madam Mayor, Members of the Council. I was doing pretty well.
De Weerd: That's all right. We will give you six months and, then, I will be offended.
Powell: Okay. This
is a request to enlarge the existing campus at the Capital Christian Center, which is located on Fairview Avenue or has some frontage there on Fairview. You can see the existing facility.
These are just the landscape plans. That's the existing facility and this is the proposed facility. As you see, they are adding several new structures and also increasing the recreation
facilities on the property. The buildings -- or the addition includes an 11,000 square foot prayer center, a 33,000 -- well, close to 34,000 square foot sanctuary, and an over 10,000
square foot enclosed plaza, which connects the existing church to the sanctuary. There is the existing church there is the sanctuary that would be the enclosed plaza. This is the prayer
center over here. There is also a new outdoor plaza in this area and they are adding additional recreation facilities here and, then, a soccer field and another ball field and also
here as well. This application does come forward to you with a recommendation for approval from the Planning and Zoning Commission. The applicant's representative Al Marsden testified
in favor of the application. No one testified in opposition to the application. The Planning and Zoning Commission discussed the height of the propose buildings and the impact on the
groundwater levels of the property. Some of them are proposed as partial basement facilities and I will show that to you in a moment. The key Commission
changes to staff's initial recommendation were to add a condition requiring the applicant to submit a groundwater study, elevations for the proposed sanctuary and prayer center. Again,
that was, obviously, tied to the groundwater discussion. This is the sanctuary and that will have a gold dome. The sanctuary is -- let me look up the heights. Just a moment. The
peak of the dome there will be 75 feet for the sanctuary. As you see, it -- our existing ordinance accommodates pitched roofs rather well, but nothing else. It really doesn't have
a way for us to measure the height of a dome. The zoning ordinance always allows -- or most allow for some sort of steeple and things like that to have -- to be in excess of the height
limit. The gold dome is similar in that respect, but there are not habitable floors up there, it's just a large structure. On that one and, then, on the pyramid structure, I believe
that one is 44 feet at the height, but, as you see, it's partially recessed. There are both in the L-O district, which allows a height of 35 feet normally. Here are some of the floor
plans for your review. I'll end staff's discussion with that. We did -- felt like the Planning Commission did have the opportunity to work out some of the minor details. They are
large buildings, but it is a large piece of property and there is a large amount of open space on the property as well. We did feel it fit within the planned development regulations
of providing something new and allowing that flexibility to have kind of a campus there for the facility. With that, I'll end staff's presentation.
De Weerd: Thank you, Anna. Are
there any questions at this point for staff? Okay. Is the applicant here? Do you have any comments? Were you here when I swore people in?
Marsden: Excuse me?
De Weerd: Were
you here when I --
Marsden: I was.
De Weerd: Okay. Please state --
Marsden: My name is Al Marsden.
De Weerd: Did you raise your hand when I --
Marsden: No, I did not.
De Weerd: Okay.
Marsden: Shall I raise my hand?
De Weerd: Yes.
Marsden: I agree.
De Weerd: Is the testimony you provide tonight the truth, the whole truth, and nothing but the truth, so help you God?
Marsden: Absolutely.
De Weerd: Thank you. Please state
your name and address and spell your last name.
Marsden: Al Marsden, 5636 South Alyssum in Boise, Idaho.
De Weerd: And spell your last name.
Marsden: Marsden.
De Weerd: Thank
you very much.
Marsden: We agree with all the conditions of approval and if you have any questions I'm here to answer your questions.
De Weerd: Okay. Any questions of the applicant?
Nary: Madam Mayor?
De Weerd: Mr. Nary.
Nary: I just had one. Mr. Marsden, on this gold dome --
Marsden: Yes.
Nary: -- is that paint or is that metallic?
Marsden: It's
a fiber material that is permanent.
Nary: Is it reflective?
Marsden: No.
Nary: Okay. It's not going to cause any glare or any of that kind of problem?
Marsden: No, it's not.
Nary:
Okay. Thank you.
De Weerd: Thank you, Mr. Marsden. Okay. Is there anyone else in the audience who would like to issue testimony? Mr. Wolfe. If you will, please, state your name
and address and spell your last name.
Wolfe: Jeff Wolfe 2651 East Fairview. That's Wolfe. First of all, I support this development. We are neighbors. I'm the co-owner of Water Works Car Wash at 2651 East Fairview.
Our concern is from a traffic standpoint. Currently that is a very busy intersection at Hickory and Fairview and what happens is that the vehicles that are trying to go eastbound on
Fairview cannot do it or just don't want to wait. They will go ahead and turn and go westbound and, then, cut into the middle lane and, then, immediately go into our property and make
a loop. They don't go slow, they go fast, it's a hindrance to my customers and people that are using my facility and we just feel that as far as this development it's going to impact
that traffic even more. We are going to see more people do that. I mean I guess as a car wash owner I love to see traffic go by, but I like it to stop, I don't want it to keep driving
through, especially as a hazard to my customers. I would ask that a signalization be part of this project or be somewhere along the line that that traffic is controlled, so that's all
I have. Thank you.
De Weerd: Thank you. Are there any questions for Mr. Wolfe?
Nary: Madam Mayor? Mr. Wolfe?
De Weerd: Mr. Wolfe. If you can hold on a minute.
Nary: I was
curious on your business. It's right here, isn't it?
Wolfe: Yes, sir.
Nary: Okay. Now, is there an entrance to your business on this end of the business?
Wolfe: Yes, there is.
Nary: So, have you discussed with the highway district some potential -- before signalization comes, whether or not they can make this a right in and right out. Then, you wouldn't
have the left turn maneuver or whether or not they would put some type of barrier across this portion of Fairview to, again, prevent that left turn into this section where people would
have to go that way? I don't know if they'd want to do that, but --
Wolfe: Yes. I'd prefer not to, but --
Nary: Sure.
Wolfe: You know, I'd like to have both entrances and
exits working to their fullest.
Nary: Okay. All right. Just curious. Thank you.
Wolfe: You bet.
De Weerd: Is there any further testimony? Any questions?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I don't know if Gary can answer this or Al Marsden can, the applicant, but isn't there a signalization of that intersection there?
Isn't that in the work plan with ACHD? Or maybe -- and how far out is it? ACHD here is shaking his head, so we will put him on the spot.
De Weerd: And I didn't even see him raise
his hand, so if you will, please, step forward.
Bird: We are not asking you to testify, we are just asking you questions.
De Weerd: Yes, we are.
Mills: Sure.
De Weerd: Mr.
Mills, will you, please, raise your right hand. Is the testimony you provide tonight the truth, the whole truth, and nothing but the truth, so help you God?
Mills: Yes, it is.
De
Weerd: Thank you. Please state your name, address, and spell your last name.
Mills: Bruce Mills. Ada County Highway District. Garden City. Unfortunately, I don't know the exact
year. I do know that it has been moved up, based on the request of the City of Meridian, but I -- if I have to make a guess I'm going to say it's out about three to four years right
now, but I don't have the exact date with me tonight. I'll let you know next week.
Bird: Thank you, Bruce.
Nary: Madam Mayor?
De Weerd: Mr. Nary.
Nary: My recollection was
2007 --
Bird: Mine, too.
Nary: -- was when that signal was to be built, but I wondered if there were some alternative measures that have been considered or could be considered
by ACHD, it seems like, to prevent this left turn from this portion of Fairview. I know ACHD has put up barriers down by Wal-Mart, down by Krispy Kreme, to eventually prevent cross-traffic
from crossing Fairview or Eagle in certain locations. I wonder if that is something that could be considered to prevent that action, because I think it -- I mean I think the
gentleman from Water Works is right, it can be very dangerous having people try to basically maneuver through here, basically try to u-turn back around and go back that way.
Bird:
That's not what they are doing, Bill. They are turning right there --
Nary: Right here?
Bird: -- and coming out of the church there and they are turning right and they are going
down about -- it isn't even a quarter of a mile, I don't think. Then, they are hitting --
Nary: Right through here.
Bird: No, the other way. Go to your -- go west. Then, come
right in there and they have got an entrance there and, then, they are swinging right out through there and, then, they are hitting it and turning east. They are going right through
the car wash.
Mills: Madam Mayor, I will certainly bring it to our traffic department's attention.
De Weerd: You know, I guess I had a question -- it came to our attention that
sometimes money is freed up and lighted intersections that weren't necessarily put on that one year are bumped up and it seems like the city doesn't have any input on that priority,
on what might be next, or what is the higher priority. This has been a high priority for the city and we appreciate that it at least was put on 2007, but if anywhere that money is freed
for lighted intersections in the City of Meridian this would be the first place that we would want that. It was kind of brought to my attention earlier this year from our fire department,
because there were a couple of lights that were added that weren't planned for, so that impacts us with our Opticom and so that's kind of why it was brought to my attention to begin
with. If those kinds of things do happen, we would certainly like the consideration of this roadway to be that next lighted intersection.
Mills: I'll certainly take that back to
our planning people.
De Weerd: And I know it's never that easy, but it would be nice.
Mills: Yes, Madam Mayor. Actually, it's a process, of course, of designing it, purchasing
the right of way. If those two things are done, then, you're right, we can move it up, but I believe we still need to do those two items.
De Weerd: Yes.
Nary: Madam Mayor?
De
Weerd: Mr. Nary.
Nary: Just so, I'm clear again, I mean this is where the maneuver is coming right? Right here? If you curb this section of the center lane to prevent this access into the center lane
here, these folks can still enter the center lane it just can't be done from this part right? Isn't that where they are coming out right here?
Bird: They are coming out --
Nary:
This is the intersection.
Bird: They are coming out right here and they are coming right -- and, then, they are coming down through here and coming back and, then, going that way.
Nary: Okay. If you did like you have in front of Wal-Mart or in front of Krispy Kreme, if you had that curbing that's on the roadway along the center lane, that would prevent this
area from coming into the center lane, but not the westbound traffic on Fairview from accessing the center lane. Right? It would be no different than in front of Krispy Kreme on Eagle
or in front of Wal-Mart on Fairview, it's just to prevent that cross-traffic.
Bird: No. I don't think it would. What you would do is you would have that a completely right out.
Yes. If you put that like they have got down at -- down at Wal-Mart there, so that you can't turn on Verbena, I think, is the name of the little street there, you would basically make
that -- it would stop the flow from coming through the -- coming through the car wash. It just -- it's just a real bad situation there that needs a light. I think it needs a light
there worse than the one that's going in down at the old Curtis place. Like the Mayor said, we have -- we have discussed this for the six years I have been on the Council and this was
going to come forward. It seems like every year it got put back, but it is a real problem and I certainly understand Mr. Wolfe's frustration with it going through his parking lot.
In the same token, it's hard for the church to try to tell their people how they can drive and how they can get in and out, so -- and it's not just the church either, I'm sure it's being
done by the subdivision people and everything else. It's just a bad -- it's like the Mayor said, it's just something that we need a traffic signal there.
De Weerd: I guess we could
post a police car out there. It is illegal to do that, so --
Marsden: I just wanted to remind the Highway District that when we have that --
De Weerd: If you will, first, restate
your name.
Marsden: I'm Al Marsden again.
De Weerd: Thank you.
Marsden: Is that when we submit the building permit, we have to pay a very large connection fee. They will have
sufficient funds to do anything they would like to do. Just to remind you.
De Weerd: Is there any further questions?
Nary: Madam Mayor?
De Weerd: Mr. Nary.
Nary: Hearing none, I guess I'd move that we close the Public Hearing on Item 17, CUP 03-064
for the Capital Christian Center.
Bird: Second.
De Weerd: It's been moved and seconded to close the Public Hearing on Item Number 17, CUP 03-064 All those in favor say aye. Okay.
All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Hearing no discussion, I would move that we approve Item 17, CUP 03-064, Conditional
Use Permit for the Capital Christian Center and to incorporate staff, applicant, public testimony and for the attorney to draw up the Findings of Facts and Conclusions of Law and Decision
of Order.
Wardle: Second.
De Weerd: It's been moved and seconded to approve Item 17, CUP 03-064 for Capital Christian Center. Is there any further discussion?
Rountree: Madam
Mayor?
De Weerd: Mr. Rountree.
Rountree: I would like the Council to direct staff to work with ACHD to see if we can advance the signal. As an interim, if we favorably act on this
motion, we work with the church and the Chief of Police and the other property owners in that vicinity to see if we can't get the folks that attend services at that institution aware
that they are actually breaking motor vehicle law and can be cited and will be cited if they continue to do that.
De Weerd: Thank you, Mr. Rountree. Bruce, if you can get back to
my office or Anna's to let us know what you found out, would certainly appreciate it. I appreciate those comments, Councilman Rountree. Is there any further discussion? Okay. Mr.
Clerk, will you call roll.
Roll Call: Bird, aye; Rountree, aye; Wardle, aye; Nary, aye.
MOTION CARRIED: ALL AYES
Item 18. Ordinance No: : AZ 03-030 Request for Annexation and Zoning of 2.8 acres from
R-6 to L-O and C-G zones for proposed Southern Springs Subdivision No. 2 by The Land Group, Inc. – south of East Overland Road and east of South Meridian Road:
De Weerd: Thank you.
Okay. Item 18 is Ordinance 04-1064 for AZ 03-030, Southern Springs Subdivision No. 2. Mr. Clerk, will you, please, read Item 18 by title only.
Berg: Thank you, Madam President,
Members of the Council. Ordinance Number 04-1064 an ordinance finding that Patrick Thatcher and Judy Thatcher, the owners of certain real property generally located east of the southeast
corner of Overland Road and State Highway 69, Meridian Road, Meridian, Idaho, to be known as the Southern Springs Subdivision No. 2 and which lies contiguous or adjacent to the city
limits of the City of Meridian, County of Ada, State of Idaho, have made a request for annexation in writing to the Council and that said land be annexed to the City of Meridian and
zoning designated Limited Office District (L-O) and General Retail and Service Commercial (C-G) and declaring that said land, by proper legal description as described below, be a part
of the City of Meridian, County of Ada, State of Idaho, repealing all ordinances, resolutions, orders, or parts thereof, in conflict herewith, and directing the city engineer to add
said property to the official maps of the City of Meridian, Idaho, and directing the Clerk of the City of Meridian to file a certified copy of the ordinance and map of the areas to be
annexed with the Ada county recorder, auditor, treasurer, and assessor and the State Tax Commission of the State of Idaho, pursuant to Idaho Code 50-223 and Section 63-2215.
De Weerd:
Thank you, Mr. Clerk. You have heard the reading of Ordinance 04-1065 by title only. Is there anyone who would like to read it -- have it read in its entirety? Hearing none.
Nary:
Madam Mayor?
De Weerd: Mr. Nary.
Nary: Before we make a motion, could we have Mr. Clerk read Ordinance Number 04-1065 and we can simply pass them once.
De Weerd: Okay. Mr.
Clerk?
Nary: Could we do that, Mr. Nichols?
Bird: It's two different subjects.
Nary: So?
Bird: It's a different deal.
De Weerd: He just wants to stir the pot.
Nary: What does it matter? It doesn't matter. We can pass it with one motion.
De Weerd:
Well, what is the desire of Council? Would they like Item 19 also read by title only, so you can make only one motion?
Rountree: That would be fine with me.
Bird: I don't care.
Wardle: Yes.
Item 19. Ordinance No.: : AZ 03-031 Request for annexation and zoning of 15.04 acres from RUT to R-8 zones for proposed Windsong Subdivision by Landmark Engineering
& Planning, Inc. – west of North Linder Road and north of West Ustick Road:
De Weerd: Okay. Mr. Clerk, will you, please, read Ordinance 04-1065.
Berg: Madam Mayor, I guess it's
just a formality, as long as they all agree to approve both of them.
De Weerd: Thank you.
Berg: Ordinance Number 04-1065, an Ordinance finding that Stubblefield Construction Company,
Inc., and the owner of certain real property generally located approximately 300 feet north of Ustick Road and approximately 600 feet west of Linder Road, within Section 36, Township
4 North, Range 1 West, Meridian Idaho, to be known as Windsong Subdivision and which lies contiguous or adjacent to the city limits of the City of Meridian, County of Ada, State of Idaho,
have made a request for annexation in writing to the Council and that said land be annexed to the City of Meridian and zoning designated Medium Density Residential District (R-8) and
declaring that said land, by proper legal description as described below, be a part of the City of Meridian, County of Ada, State of Idaho, repealing all ordinances, resolutions, orders,
or parts thereof, in conflict herewith, and directing the city engineer to add said property to the official maps of the City of Meridian, Idaho, and directing the Clerk of the City
of Meridian to file a certified copy of the ordinance and map of the areas to be annexed with the Ada county recorder, auditor, treasurer, and assessor and the State Tax Commission of
the State of Idaho, pursuant to Idaho Code Section 50-223 and Section 63-2215.
De Weerd: Thank you, Mr. Clerk. You have heard the reading of Item 19 by title only. Is there anyone who would like to hear it read in its entirety? Hearing none, I would entertain
a motion on both Items 18 and 19.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Before we go into it, everything on this 04-1065 boundary clarification has been taken care of?
Or are we hung out to dry again?
De Weerd: Who would dare tackle that question? Mr. Watson.
Watson: Madam Mayor, on the Windsong Subdivision, no, the boundary dispute has not
been resolved at all, but the revised findings do have the three options that you approved last week. I think this annexation includes the area that's under contention right now.
Bird:
The findings show the option, but the ordinance doesn't; right?
Watson: Correct.
Bird: That's why --
Watson: The findings on the plat, preliminary plat, do show those options
for resolution.
Bird: Okay. Then, I got a question for counsel. What does that affect? Does it affect the ordinance at all?
Nichols: Madam Mayor, Members of the Council, I don't
believe it affects the ordinance at all. The reason being that it's -- you already contemplated that if the boundary dispute is not adequately resolved, what you end up doing is you
may potentially have to de-annex a sliver of ground that is seven feet in width. You have already contemplated that, it's already part of the record, it's in the findings with regard
to the preliminary plat approval, but this property on the deeded records is the description that's before you for the annexation. Therefore, it's okay to go forward.
De Weerd: Thank
you, Mr. Nichols. Is there any further questions or discussion? Hearing none, I would entertain a motion. Mr. Nary
Nary: I'd move the approval of Items 18 and 19, Ordinance Numbers
04-1064, AZ 03-030 for Southern Springs Subdivision No. 2, and Ordinance Number 04-1065 for AZ 03-031, Windsong Subdivision, pursuant to the ordinance as prepared with waiver of the
reading of the rules pursuant to Idaho Code.
Wardle: Second.
De Weerd: Okay. It's been moved and seconded to approve both Items 18 and 19, 04-1064 and 04-1065. Is there any further discussion? Mr. Clerk, will you call roll.
Roll Call:
Bird, aye; Rountree, aye; Wardle, aye; Nary, aye.
MOTION CARRIED: ALL AYES
Item 20. Water, Sewer and Trash Delinquencies:
De Weerd: Thank you. Okay. Item 20 is the water, sewer,
and trash delinquency. This is to inform you in writing, if you so choose, that you have the right to a pre-termination hearing at 7:30 p.m., Tuesday, February 17, 2004, before the
Mayor and City Council to appear in person to be judged on the facts and to defend the claim made by this city that your water, sewer, and trash bill is delinquent. You may retain counsel.
Your service will be discontinued on February 18, 2004, unless payment is received in full. Is there anyone present who wishes to contest his or her water, sewer, and trash delinquency?
Hearing none, they are hereby informed that they may appeal and have the decision of the city reviewed by the Fourth Judicial District Court pursuant to Idaho State Code. Even though
they appeal, their water will be shut off. The amount of the turn-off list is $33,808.01. Council, do you want to take action on this item?
Rountree: Madam Mayor?
De Weerd: Mr.
Rountree.
Rountree: I move that we approve the delinquency turn-off schedule for February 18, 2004, in the amount $33,808.01.
Bird: Second.
De Weerd: It's been moved and seconded
to approve the delinquency turn-off list for February 18, 2004. Is there any further discussion? Mr. Clerk, will you call roll.
Roll Call: Bird, aye; Rountree, aye; Wardle, aye;
Nary, aye.
MOTION CARRIED: ALL AYES
De Weerd: Thank you. Well, that is the end of our agenda. You did have an item in front of you and I don't know where it went, but it's regarding
a bill that's going to committee. Mr. Clerk, did you put that in front of us?
Berg: Yes, Madam President.
De Weerd: I guess probably Mr. Nichols is involved with this as well. Is there a desire by our city to be present at this or to issue any testimony and, if so, could we do it through
our attorney? This really came out of the blue, didn't it?
Nichols: Madam Mayor, Members of the Council, for the public that's still here, the information in front of you is the
pending annexation reform bill that was introduced by Representative Sali at the request for the Citizens for Annexation Reform. It's not exactly out of the blue. It was anticipated
that they would come forth with another bill again this year. Keep getting a different sponsor every year, but that's the current one. It was just printed last week, so it's fairly
new and is set up for hearing at 1:30 or on adjournment on Friday. I would recommend if you have any relationships with the members of the House local government committee, that you
write to them to oppose the bill.
De Weerd: Okay. Is there any further discussion by Council?
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: This notice is from
the Association of Idaho Cities. I haven't read it in its entirety. Are they taking action as well and are they putting together a package of responses for us or are we to take their
analysis and bill and the talking points and incorporate that into a letter from the city? Do you know, Bill?
Nichols: Madam Mayor, Members of the Council, you can expect that AIC
will oppose the bill and Harwood will marshal the forces that he can to appear. I testified the last two years on annexation bills and if requested with your permission I will do so
again. It's contemplated in the retainer that we would assist in legislative matters that are pertinent and appropriate for Meridian issues.
Rountree: Madam Mayor?
De Weerd: Mr.
Rountree.
Rountree: I think it would be appropriate that the City of Meridian testify in this particular instance, since we don't have a history of forced annexation, if you will,
but annexation by request. I think part of our case to the committee on this point that they have to keep in mind that annexation does not necessarily have to be a bad thing and that
they needn't make it also onerous, that there are actually people that do want to be annexed in the cities. In fact, it could be incorporated in the testimony as well as the hurtfulness
of some of these points to a city like Meridian who does not go out and purposely annex. It would be a point that I don't think they necessarily hear. They usually hear from the bigger
cities who have a history of doing annexations, like our sister city to the east. That's just a perspective I think it would be good for them to hear.
Nary: Madam Mayor?
De Weerd: Mr. Nary.
Nary: Yes. I guess I would concur with Councilman Rountree, although I know we are going to be faced with this somewhat of an issue in the
north with an area that we have already previously extended water and sewer service to -- or water service to. It is a consensual annexation by statute it may not be a consensual annexation
with the people sitting in their house. We are going to have some similar issues and I think our main concern has always been -- is limiting our opportunities or options in the future
and I am all for Mr. Nichols representing the city's interest and getting that message across to the legislature. I think he's done very well in the past for us and would appreciate
him doing that again.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I would concur with the last two and add that Mr. Nichols has represented the cities, not only Meridian, but
all the cities on annexation very very well. As Councilman Nary said, we got a couple of these facing us. We hope they go smooth with the agreements. It's just some of those agreements
that you hope everybody was notified that bought a house, but I'll almost make you a bet they weren't. It would be the first time if they were. Our sister to the east had do it and
I see that this city is going to have to do it, too, and I hope it's taken care of like the original agreement was written up, but I don't think it will be that smooth, to be truthful
with you. I will be awful happy if it is.
De Weerd: Mr. Wardle, do you have anything to add, since we have had --
Bird: All of us have given our --
Wardle: Madam Mayor, I would
also agree that Mr. Nichols is the proper person to testify on the city's behalf in this issue.
De Weerd: Thank you very much. Mr. Nichols, if you can also in your comments, if you
can also represent that we feel the same as the talking points that have been pointed out in what we received from Mr. Harwood. Certainly, Council, as we proceed forward with the annexations
that we are looking at, we will follow best practices and try and learn from the lessons that have been learned from the experiences from other communities. We will do our utmost to
have -- to go above and beyond the public noticing and informing the citizens of what agreements were made and the services they are enjoying. Any further comments?
Nary: No.
De Weerd: Okay. Any questions from Mr. Nichols? Thank you. I would entertain a motion to adjourn.
Rountree: So moved.
Bird: Second.
De Weerd: All those in favor of adjourning
please say aye. All ayes. Motion carried.
MOTION CARRIED: ALL AYES
De Weerd: It's 8:25.
MEETING ADJOURNED AT 8:25 P.M.
(TAPE ON FILE OF THESE PROCEEDINGS)
APPROVED:
/ /
TAM
MY DE WEERD, MAYOR DATE
ATTESTED:
WILLIAM G. BERG, JR., CITY CLERK