HomeMy WebLinkAbout2004 01-06Meridian City Council Meeting January 6, 2004
The Regular Meeting of the Meridian City Council was called to order at 7:00 P.M., on
Tuesday, January 6, 2004, by Mayor Robert Corrie.
Members Present: Mayor Robert Corrie, Tammy de Weerd, William Nary, Keith Bird,
and Cherie McCandless.
Others Present: Bill Nichols, Will Berg, Anna Powell, Gary Smith, Brad Watson, Kenny
Bowers, Bill Musser, Stacy Kilchenmann, Wendy Kirkpatrick, and Dean Willis.
Item 1. Roll -call Attendance:
X Tammy de Weerd X Bill Nary
X Cherie McCandless X Keith Bird
X Robert Corrie
Corrie: All right. Ladies and gentlemen, I will open the City of Meridian City Council
Meeting Agenda for the meeting Tuesday, January 6, 2004, at 7:00 P.M. Roll call
attendance. You may have to take this over. I would like to thank everybody for —
Item 2. Adoption of the Agenda:
De Weerd: We would like to thank you all for coming here and joining us tonight to give
our congratulations to the outgoing Mayor Mayor Corrie. He has deserved this well --
well deserved some retirement and would like to thank you for being here on his behalf
and also on behalf of the City Council and we will go ahead and start with Item Number
2, adoption of the agenda.
Bird: Madam President?
De Weerd: Mr. Bird.
Bird: I move that we approve the revised agenda, which we added the delinquency of
water, trash, and sewer bills as only the only addition to it. It's Item 14 now that's on the
revised.
Nary: Second.
De Weerd: Okay. It's been moved and seconded to adopt the agenda as revised. All
those in favor say aye. All ayes. Motion carried.
MOTION CARRIED: ALL AYES
Item 3. Consent Agenda:
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January 6, 2004
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A. Approve minutes of October 28, 2003 Pre -Council Meeting:
B. Approve minutes of November 12, 2003 Pre -Council Meeting:
C. Approve minutes of November 18, 2003 City Council Regular
Meeting:
D. Approve minutes of November 25, 2003 City Council Regular
Meeting:
E. Approve minutes of November 25, 2003 Pre -Council Meeting
F. Approve minutes of December 9, 2003 City Council Regular
Meeting:
G. Approve minutes of December 9, 2003 City Council Special
Meeting:
H. Findings of Fact and Conclusions of Law for Denial: CPA 03-003
Request for amendment to the text of the Comprehensive Plan to
allow new residential uses within the mixed use WWTP zoning
designation for proposed Stapleton Subdivision by Wardle and
Associates — 3680 West Ustick Road:
Findings of Fact and Conclusions of Law for Approval: VAC
03-006 Request for a Vacation of utility, drainage, and irrigation
easement on the south 10 feet of Lot 2, Block 6 of Turtle Creek
Subdivision No. 1 by Tully Cove, LLC — west of North Linder Road
and south of West Ustick Road:
J. Findings of Fact and Conclusions of Law for Approval: PP 03-
030 Request for Preliminary Plat approval of 48 residential lots, 21
office lots, and 7 other lots on 14.58 acres in an L -O zone for
proposed Sage Crest fka Maverick Subdivision by Dirk Marcum
and Michael Riggs — south of East Overland Road on the west side
of Millennium Way:
K. Findings of Fact and Conclusions of Law for Approval: CUP
03-045 Request for a Conditional Use Permit to modify existing
Planned Unit Development to allow for office uses along Overland
Road and Millennium Way in an L -O zone for proposed Sage Crest
fka Maverick Subdivision by D irk M arcum a nd M ichael R iggs —
south of East Overland Road on the west side of Millennium Way:
M. Findings of Fact and Conclusions of Law for Approval: CUP
03-056 Request for a Conditional Use Permit for an indoor soccer
center in an existing business park in an I -L zone for Meridian
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January 6, 2004
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Soccer Center by Meridian Soccer Property — south of East
Franklin Road, west of South Locust Grove Road on East Piper
Court:
N. Findings of Fact and Conclusions of Law for Approval: CUP
03-053 Request for a Conditional Use Permit for development of a
2,800 square foot bank with drive-thru and future retail tenant with
drive-thru in a C -C zone for Key Bank by CSHQA — south of East
Overland Road and west of South Eagle Road:
O. Development Agreement: AZ 03-019 Request for annexation
and zoning of 16 acres from RUT to R-8 zones for proposed
Highgate Subdivision by Harris Homes, LLC - 2700 North
Meridian Road:
P. Resolution No. Moratorium of Solid
Waste Franchises:
Q. Water Main Easement for Steve Hill Office / Warehouse:
R. Water Main Easement for Christian Family Matters:
S. Approve Bills:
De Weerd: Okay, Item Number 3 is the Consent Agenda. Is there any discussion? Do
we have a Resolution number for R? Okay. For the record, Resolution Number 04-417
is the item number for item R. Are there any changes? I would accept a motion.
Bird: Madam President?
De Weerd: Mr. Bird.
Bird: I move that we approve the Consent Agenda with the resolution number being
noted as 04-417.
Nary: Second.
De Weerd: Thank you. Okay. It's been moved and seconded to note the Resolution
Number 04-417. All those in favor say aye.
MOTION CARRIED: ALL AYES.
De Weerd: Okay. Now a motion on the Consent Agenda.
Bird: Madam President?
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January 6, 2004
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De Weerd: Mr. Bird,
Bird: I move that we approve the Consent Agenda as noted, with Item R as 04-417, the
resolution.
De Weerd: Do you want anyone to sign and attest?
Bird: Yes, I do. I want the Mayor to sign and the Clerk to attest.
McCandless: Second.
De Weerd: Okay. It's been moved and second to approve the Consent Agenda with
the Resolution Number noted, with the Mayor to sign and Clerk to attest to all
appropriate papers. Mr. Clerk, will you call roll.
Roll Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye.
MOTION CARRIED: ALL AYES.
Item 4. Department Reports:
De W eerd: Thank you. Okay. Item Number 4. We know there is no department
reports correct?
Powell: Ma'am, I think I will pass tonight.
De Weerd: What a good idea.
Item 5. (Items Moved from Consent Agenda)
De Weerd: Okay. Item 5 we did not move any items from the Consent Agenda.
Item 6. Ordinance No. AZ 03-019 Request for
annexation and zoning of 16 acres from RUT to R-8 zones for proposed
Highgate Subdivision by Harris Homes, LLC - 2700 North Meridian
Road:
De Weerd: So, we move onto Item 6. Ordinance Number 04-1062. Mr. Clerk, will you,
please, read this ordinance by title only.
Berg: Thank you, Madam President, Members of the Council. Ordinance Number 04-
1062, an Ordinance finding that Eagle Springs Investment, LLC, the owner of certain
real property generally located on the east side of Meridian Road, approximately one
quarter mile south of Ustick Road, Meridian, Idaho, to be known as Highgate
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
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January 6, 2004
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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. That was done in record time. That set the tone for our Public
Hearing applicants. Okay. You have heard Ordinance 04-1062 by title only. Is there
anyone in the audience who would like it read in its entirety? Thank you very much.
Hearing none, Council, do we have a motion?
McCandless: Madam President?
De Weerd: Mrs. McCandless.
McCandless: I move that we approve Ordinance Number 04-1062, the request for
annexation and zoning of 16 acres from RUT to R-8 zones for propose Highgate
Subdivision by Harris Homes, LLC, with suspension of rules.
Nary: Second.
De Weerd: It's been moved seconded to approve Ordinance 04-1062. Mr. Clerk, will
you call roll?
Roll Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye.
MOTION CARRIED: ALL AYES.
Item 7. Tabled from December 16, 2003: Findings of Fact and Conclusions of
Law for Approval: AZ 03-015 Request for annexation and zoning of 9.8
acres from RUT to R-8 zones for proposed Sageland Planned
Development by Quasar Development, LLC — northeast corner of South
Locust Grove Road and East Victory Road:
Item 8. Tabled from December 16, 2003: Findings of Fact and Conclusions of
Law for Approval: PP 03-020 Request for revised Preliminary Plat
approval of 41 building lots and 9 other lots on 10.64 acres in a proposed
R-8 zone for proposed Sageland Planned Development by Quasar
Development, LLC — northeast corner of South Locust Grove Road and
East Victory Road:
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January 6, 2004
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Item 9. Tabled from December 16, 2003: Findings of Fact and Conclusions of
Law for Approval: CUP 03-036 Request for Conditional Use Permit for
a Planned Development with a private neighborhood park in an R-8 zone
for proposed Sageland Planned Development by Quasar Development —
northeast corner of South Locust Grove Road and East Victory Road:
De Weerd: Thank you. Okay. We will open Items 7, 8 and 9. It's limited to discussion
on just the circulation within the subdivision and we will open it with staff comments.
Powell: Madam President, Members of the Council, this one is, actually, just limited to
discussion by staff regarding the findings. It's your next set of hearings that are limited
to circulation.
De Weerd: Okay. Sorry about that.
Powell: That's okay. We do have a revised Preliminary Plat, as shown here with the
traffic -calming island at the intersection of Seniorella Lane. There is only one
modification. They also wanted to point out that they would be requesting the garages
to be within five feet of the rear lot line as shown here with the hatched areas. They had
requested that previously on the properties on the north side of Sagemoor Drive there,
so it's just an extension of that already approved condition. I did ask that there be some
clarification to Item A-3 in the findings and that would be -- right now it reads: The
reduction to the frontage and minimum lot sizes are approved as submitted and we'd
like to add the phrase: With the clarification that reduced rear setback of five feet only
applies to garages. With that, I believe these findings are ready to go.
De Weerd: Great. Anna, what is the width of the island?
Powell: It is 10 feet.
De Weerd: Excellent. Well, good job. Any questions for staff? Would the applicant like
to step forward? I knew you could do it, Wayne. Will you, please, raise your right
hand? Do you swear to tell the truth, the whole truth, and nothing but the truth, so help
you God?
Forrey: I do.
De Weerd: Thank you. Please state your name and address.
Forrey: My name is Wayne Forrey. My address is 1952 South Wildcreek Way, Boise,
Idaho 83709. Congratulations, this is a very fun, historic, evening in our government,
and it's nice to be here for part of that. Boy, if the City Council is happy with this, we are
happy. How is that for short?
De Weerd: Brevity is great.
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January 6, 2004
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Bird: We will take it.
De Weerd: Anything, with the exception of Mr. Nary?
Bird: Madam President?
De Weerd: Mr. Bird.
Bird: I need to ask Anna a question. Anna, what's the date on the revised Preliminary
Plat, for the record?
Powell: Sorry. Slowing things down December 31".
Bird: December 31, 2003?
Powell: Yes. Madam President, it is nine feet. It's not 10 feet but I was satisfied.
Bird: And also, Anna, on the A-3, is that under the Preliminary Plat, the conditions, and
the change in wording? It isn't under the annexation and zoning or the planned, is it?
Powell: For the Conditional Use Permit.
Bird: CUP. Okay.
De Weerd: Okay.
Bird: Thank you.
De Weerd: Is there anything else?
Forrey: I'd just like to shake Mayor Come's hand.
Corrie: Well, thank you.
De Weerd: Okay. Council, is there any further discussion before you close the Public
Hearing? Okay.
Bird: Madam President, I move we close the Public Hearings on Item 7, 8 and 9, the
Sageland Development by Quasar Development.
Nary: Second.
De Weerd: Okay. It's been moved and seconded to close the Public Hearing on Items
7, 8 and 9 for Sageland Planned Development by Quasar Development. All those in
favor say aye. Okay. All ayes. Motion carried.
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January 6, 2004
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MOTION CARRIED: ALL AYES
De Weerd: If there was no discussion, I would accept a motion on Item Number 7.
Bird: Madam President?
De Weerd: Mr. Bird.
Bird: I'd move that we approve AZ 03-015, the request for annexation and zoning of 9.8
acres from RUT to R-8 zones for proposed Sageland Planned Development by Quasar
Development, LLC. The northeast corner of South Locust Grove Road and East Victory
Road and the attorney to draw up Findings of Facts and Conclusions of Law -- I guess
it's already done. We just want to approve it with suspension of rules.
Nary: Second.
De Weerd: Okay. It's been moved and seconded to approve the Findings of Facts and
Conclusions of Law for AZ 03-015. Mr. Clerk, will you call roll.
Roll Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye.
MOTION CARRIED: ALL AYES.
De Weerd: Thank you. Item Number 8. Mr. Bird.
Bird: Yes. Thank you. See if I can do better. 1 move that we approve PP 03-020, the
request for the revised preliminary plat approval of 41 building lots and nine other lots
on 10.64 acres in a proposed R-8 zone for the proposed Sageland Planned
Development by Quasar Development, LLC. I believe the only thing that would be
added to those Findings of Facts is the date of December 31, 2003 for the revised
preliminary plat.
Nary: Second.
De Weerd: Okay. It's been moved and seconded to approve the Findings of Facts and
Conclusions of Law for PP 03-020. Mr. Clerk.
Roll Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye.
MOTION CARRIED: ALL AYES
De Weerd: Okay. Item Number 9.
Bird: Madam President?
De Weerd: Mr. Bird.
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January 6, 2004
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Bird: I move that we approve the CUP 03-036, the request for a Conditional Use Permit
for a planned development with a private neighborhood park in an R-8 zone for
proposed Sageland Planned Development, with one addition to the findings of A-3,
adding with the clarification that the reduced rear setback of five feet only applies to
garages.
Nary: Second.
De Weerd: Okay. It's been moved and seconded to approve the Findings of Facts and
Conclusions of Law for CUP 03-036, with the changes to A-3 on the reduced setbacks
for the -- limited to garages only. Mr. Clerk, will you call roll.
Roll Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye.
MOTION CARRIED: ALL AYES
Item 10. Continued Public Hearing from December 9, 2003: AZ 03-023
Request for annexation and zoning of 11 acres from RUT to R-8 zones for
proposed Soda Springs Subdivision by JLJ Enterprises, Inc. — 2310 and
2384 East Victory Road:
Item 11. Continued Public Hearing from December 9, 2003: PP 03-027
Request for Preliminary Plat approval of 59 building lots and 8 other lots
on 11 acres in a proposed R-8 zone for proposed Soda Springs
Subdivision by JLJ Enterprises, Inc. — 2310 and 2384 East Victory Road:
Item 12. Continued Public Hearing from December 9, 2003: CUP 03-043
Request for a Conditional U se Permit f or a P lanned D evelopment f or a
mix of single-family detached residential lot sizes and amenities for
proposed Soda Springs Subdivision by JLJ Enterprises, Inc. — 2310 and
2384 East Victory Road:
De Weerd: Okay. Items 10, 11, and 12. 1 will open the Public Hearings and begin with
staff comments.
Powell: Madam President, Mr. Mayor, Members of the Council, this was just very brief,
to refresh your memory, it was tabled just for -- to continue the Public Hearing on the
issue of circulation and parking and one way streets versus two way streets and the
safety related to those. The site plan -- again, the question was whether or not to make
these a one-way grid pattern. After considering it with ACHD and with the applicant and
planning staff, we did agree that it wouldn't be wise -- it wouldn't be in the best interest
of the city to start having one way residential streets within a neighborhood. We felt that
it would be unclear to people entering the subdivision or illogical to people entering the
subdivision as to why there was a one-way grid pattern. We also felt that it wouldn't
necessarily increase the safety on those streets. We have worked with the applicant
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January 6, 2004
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regarding some of the narrower street widths and we do have the following revisions to
run byyou anyway. T his street was a half plus 12 street atthe last hearing, which
meant that there would be no parking on either side of this roadway. The applicant has
worked with ACHD to come up with -- just a second. This is the -- this was handed out
to you. The top one is what was proposed at the last hearing. The second one -- there
we go. Going the right direction now. What they would do -- the only change is in this
area right here. Before it was a gravel shoulder and what they will do is they will go
ahead and put the rolled curb and gutter, so that, then, it becomes a 29 foot back -of -
curb to back -of -curb section, which is the standard narrow ACHD street. It would allow
parking on one side. That would increase the available parking spaces, which was a
concern. The other issue was this front street. Although it was a 50 -foot right of way, it
was still a 29 -foot street section, so it did just allow the parking on one side. What I
thought might be a possible solution is to go ahead and increase that by 36 -- to a full
36 -foot street section. The applicant could, actually, increase the width of the right of
way if the city were to grant a reduced front setback. Right now, we are asking for a 15 -
foot front setback. Because these are alley loaded and the whole idea is to bring these
forward, it would seem reasonable to have like an eleven foot front setback, thereby
giving the applicant eight more feet to widen the right of way and, then, increase that
street width to a full 36 foot back -of -curb to back -of -curb, which would allow parking on
both sides. I think that that would address some of the Council's concerns from last
time. The applicant is in agreement with these suggestions, both for the partial roadway
on the east and, then, the center roadway and that was all that staff had.
De Weerd: Anna, do you have a copy of this packet that we received from the board
president of Sherbrooke Hollows?
Powell: No.
De Weerd: We just had it in front of us today as well. It's not date stamped, so I'm not
sure when we received it.
Powell: M adam President, Members of the Council, regarding the first Item, the ten
percent open space, we have checked the open space calculations several times, and
they are within the ten percent. To my knowledge, the city hasn't dictated CC&Rs.
That's the second item. The third item is typically one that I believe we handle at the
final plat stage. Yes. I'm getting a nod of agreement from the city engineer regarding
the third item. I think we are okay.
De Weerd: Okay. Okay. Thank you, Anna. Any questions for staff? Is the applicant
here? Is the testimony you are about to give the truth, the whole truth, and nothing but
the truth, so help you God?
Suggs: Yes.
De Weerd: Thank you. Please state your name and address.
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January 6, 2004
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Suggs: Jane Suggs, 200 Louisa Street in Boise, representing the Soda Springs
Subdivision. I don't have, really, any testimony. I know we wanted to limit the testimony
just to the staff on these particular issues and we are in agreement with the staff and
appreciate the staff and ACHD working with us on this and agree with all the
recommendations that the staff has made.
De Weerd: Okay. Any questions? Thank you, Jane.
Suggs: Thank you.
Powell: Madam President, I'm sorry, the Chief of Police just reminded me that there
was an issue related to the one way alleys and that there was a recommendation from
both ACHD and the city regarding the one way alleys and I believe that the applicant will
nod that she's in agreement with that, so --
De Weerd: Yes. Thank you. Okay. Is there any further comments or questions from
Council? Okay. Discussion? Or would you like to close the Public Hearing?
Nary: Madam President?
De Weerd: Mr. Nary.
Nary: I'd move that we close the Public Hearing.
McCandless: Second.
Bird: Second that.
De Weerd: Okay. It's been moved and seconded to close the Public Hearing items on
10, 11, and 12. All those in favor say aye. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
De Weerd: Discussion?
Nary: Madam President?
De Weerd: Mr. Nary.
Nary: I'd move that we approve AZ 03-023, the request for annexation and zoning of 11
acres from RUT to an R-8 zone for proposed Soda Springs Subdivision by JLJ
Enterprises. 2310 and 2384 East Victory Road, pursuant to all staff comments, as well
as the applicant's agreement, and for counsel to prepare Findings of Facts and
Conclusions of Law, Decision and Order.
McCandless: Second.
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January 6, 2004
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Bird: Second.
De Weerd: Okay. It's been moved and seconded to approve AZ 03-023, request for
annexation and zoning for 11 acres from RUT to R-8 zones for Soda Springs
Subdivision, with the attorney to draw up Findings of Facts and Conclusions of Law and
Decision of Order. Mr. Clerk, will you call roll.
Roll Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye.
MOTION CARRIED: ALL AYES
De Weerd: Thank you. Item Number 11.
Nary: Madam President?
De Weerd: Mr. Nary.
Nary: I don't know what the date on this Preliminary Plat is.
Powell: It's dated by the engineer on October 215`
Nary: Thank you. Madam President?
De Weerd: Mr. Nary.
Nary: I'd move the approval of PP 03-027, the request for preliminary plat approval of
59 building lots and eight other lots on 11 acres in a proposed R-8 zone for the
proposed Soda Springs Subdivision by JLJ Enterprises. 2310 and 2384 East Victory
Road, pursuant to all staff comments, as well as the applicant's concessions in regards
to the plat and the plat that's dated October 21, 2003 and for counsel to prepare
Findings of Facts and Conclusions of Law, Decision and Order.
Bird: Second.
De Weerd: Okay. It's been moved and seconded to approve PP 03-027, request
preliminary plat approval of 59 building lots and eight other lots on 11 acres in a
proposed R-8 zone for Soda Springs Subdivision. With the request of the attorney to
draw up Findings of Facts and Conclusions of Law and Decision of Order and to note
the changes per the agreement of staff and applicant. Mr. Clerk, will you call roll.
Roll Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye.
MOTION CARRIED: ALL AYES
De Weerd: Thank you. Item Number 12.
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January 6, 2004
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Nary: Madam President.
De Weerd: Mr. Nary.
Nary: I'd move the approval of CUP 03-043, request for a Conditional Use Permit for a
planned development for a mix of single family detached residential lot sizes and
amenities for proposed Soda Springs Subdivision by JLJ Enterprises. 2310 and 2384
East Victory Road, pursuant to all staff comments, including the additional comments
provided by Wendy Kirkpatrick dated today, January 6, 2004, as well as the additional
drawing that has been submitted regarding the street sections, also dated January 6th of
2004. For counsel to prepare Findings of Facts and Conclusions of Law, Decision and
Order.
Bird: Second.
De Weerd: Okay. It's been moved and seconded to approve CUP 03-043, request for
a Conditional Use Permit for a planned development for a mix of single-family detached
residential lot sizes and amenities for Soda Springs Subdivision. To include the memo
of January 6th by staff and the submitted drawings and ask the attorney to draw up
Findings of Facts and Conclusions of Law and Decision of Order. And ask the clerk to
call roll.
Roll Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye.
MOTION CARRIED: ALL AYES
De Weerd: Thank you. You guys thought we would be here all night.
Bird: We are not finished yet.
Item 13. Continued Public Hearing from December 16, 2003: CUP 02-004
Request for Revocation of a Conditional Use Permit granted by the City of
Meridian for John Nesmith for Meridian Automotive — 505 North Main
Street:
De Weerd: The pressure is on the next applicant. Okay. Item Number 13 is a
continued Public Hearing from December 16, 2003. CUP 02-004, request for
revocation of a Conditional Use Permit granted by the City of Meridian for John Nesmith
for Meridian Automotive. We will open it with staff comments.
Kirkpatrick: Madam President, Mayor, Members of the Council, I trust that you have all
read the memo summarizing the proposed modifications to the CUP and am available
for any questions. 1 wanted to note a few things. The site plan, which we are
recommending approval of, is dated December 30, 2003. So, that should be a part of
your motion, if you make a motion this evening. And the applicant is proposing to have
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January 6, 2004
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the sign being constructed approved as is. Staff does not support this. We want for the
sign to be in compliance with the current sign ordinance. That would be --
Powell: We discussed before, since there is no standards for the OT, but there was a
sign permit issued and they need to be in compliance with the sign permit that was
issued, which would require that they take off the Nesmith Brothers Towing, which is in
this area here.
Bird: Madam President?
De Weerd: Mr. Bird.
Bird: What date, Wendy, did you say was on the --
Kirkpatrick: The site plan was dated December 30, 2003.
Bird: The one I have got here is December 29, 2003. One day off.
Kirkpatrick: That's my mistake. It is December 29, 2003.
De Weerd: Anna, the Mayor wanted to know if the applicant agreed to removing the
part of the sign that you have suggested.
Kirkpatrick: We will want to ask the applicant. I think that he is -- he is requesting that
you accept the sign as is.
De Weerd: Okay.
Kirkpatrick: So, you will need to address that.
De Weerd: Okay. Mr. Attorney, I forgot to swear staff in. Do I need to do that?
Nichols: Madam President, I don't think it's necessary at this point. Technically, that
probably t he prior swearing i ns o n this particular matter continue, b ut you can if y ou
choose to do so in order to put a record to staffs comments.
De Weerd: Okay. Just so, we can put your comments on record, if you will raise your
right hand. Is the testimony you provide tonight the truth, the whole truth, and nothing
but the truth, so help you God?
Kirkpatrick: Yes.
Powell: Yes.
De Weerd: Thank you. Is the applicant here? Come on down. Is the testimony you
provide tonight the truth, the whole truth, and nothing but the truth, so help you God?
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January 6, 2004
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Nesmith: Yes.
De Weerd: Thank you. Please state your name and address.
Nesmith: John Nesmith. 505 North Main in Meridian, Idaho.
De Weerd: Thank you, John.
Nesmith: I propose to -- that the Council approve all the modifications to the CUP as
submitted and as, actually, outlined in the letter that you have dated January 2, 2004,
which has staff recommends approval of all the proposed modifications, including
leaving the sign as is. I don't know why it changed from yesterday, but it did.
De Weerd: Staff, would you comment about what has changed since you met with the
applicant.
Powell: I got involved and I had supported Sonya in her -- her interpretation of the code
and I wanted to continue that support for the sign permit that was issued. I thought it
was a reasonable compromise given the standards for the C -G zone and it was a
reasonable interpretation on her part and I wanted to support her in that and I had
perhaps not made that clear enough to Wendy prior to her meeting with John and
drafting the memo. I apologize for the confusion. The sign issue -- the sign permit was
issued, I believe, a couple weeks ago.
De Weerd: Okay. Well, that's conversation for Council. Are there any questions for the
applicant?
Bird: I have none.
De Weerd: Anything further you'd like to add, John?
Nesmith: No. I just tried to do everything in my power to get this done and I'd
appreciate approval as submitted.
De Weerd: Okay. Thank you.
Nary: Madam President?
De Weerd: Mr. Nary
Nary: I don't want to get too hung up on this sign, but I mean is the issue with the sign
because there are two businesses on the sign or because of the proximity of the road?
That was the discussion previously.
Meridian City Council Meeting
January 6, 2004
Page 16 of 24
Powell: The issue is that the sign exceeds the allowed background area for even the C-
G zone, which would be the most comparable zone for this use.
Nary: But the applicant couldn't even seek a variance, since we don't have a standard
in which to vary from. Right?
Powell: Correct.
Nary: Okay
De Weerd: And I guess, just to add onto that, is we don't really have standards for our
downtown area at this point for the sign ordinance; is that not correct?
Powell: Correct. So, what they have done in the past and what Sonya felt was the best
approach on this sign permit was to look at the comparable zone, which was the C -G
zone, and to look at t hat and I b elieve it was also -- the C -G zone allows the m ost
maximum background area, so --
De Weerd: O kay. A nything further? O kay. D iscussion before we close the Public
Hearing? None? Okay. I would entertain a motion.
McCandless: Madam President?
De Weerd: Mrs. McCandless.
McCandless: I move we close the Public Hearing.
Bird: Second.
De Weerd: Okay. It's been moved and seconded to close the Public Hearing on Item
Number 13. All those in favor say aye. Okay. All ayes. Motion carried.
MOTION CARRIED: ALL AYES
De Weerd: Discussion?
Nary: Madam President?
De Weerd: Mr. Nary.
Nary: I guess I'm -- I think we have made the point. I think Mr. Nesmith has gotten the
point. I think we have come a long way with this. I appreciate the work that staff has
done, as well as Mr. Nesmith in getting this to this point. I'm willing to let Mr. Nesmith's
sign be the cutting edge on what we are going to do in the future for Old Town and not
make that an issue for today.
Meridian City Council Meeting
January 6, 2004
Page 17 of 24
Bird: I concur.
De Weerd: Okay. Any further discussion? Okay. I would -- Mr. Attorney, what is the
proper action that we take at this time?
Nichols: Madam President, Mayor, Members of the Council, it would be a motion to
modify the Conditional Use Permit in accordance with the revised conditions as laid out
in the memo dated January 2, 2004.
De Weerd: Thank you.
Bird: Madam President?
De Weerd: Mr. Bird.
Bird: Hearing no further comment, I would move that we revise the CUP 03-004, the
request for revocation of the Conditional Use Permit granted by the City of Meridian for
John Nesmith for Meridian Automotive, with the new conditions as stated in a letter --
memorandum from city staff, dated January 2, 2004, and approve the revised CUP.
Nary: Second.
De Weerd: Okay. It's been moved and seconded to approve and to use the memo of
January 2, 2004, by staff with the conditions for the revised conditional use on Meridian
Automotive and I will ask the City Clerk to call roll.
Roll Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye.
MOTION CARRIED: ALL AYES
Item 14. Water, Sewer & Trash Delinquencies:
De Weerd: I would like to thank the staff and the applicants that -- I know that there was
a lot of background work done to make sure that we went through these items on a
timely basis. Thank you all for making that happen. I will go ahead and -- Item Number
14, which is the water, sewer, and trash delinquencies. 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, January 6, 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
January 7, 2004, unless payment is received in full. Is there anyone present who wishes
to contest his or her water, sewer, and trash delinquency? I bet you wouldn't admit it
today if you had to.
Nary: Not with that camera rolling.
Meridian City Council Meeting
January 6, 2004
Page 18 of 24
De Weerd: Well, no response, 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 may appeal, their water will be shut off. The amount of
the turn-off list is $27,305.35. Council, do I have a motion? Mrs. McCandless, do you
have a motion to make?
McCandless: Yes. I will make the motion. I move that we approve the delinquency
turn-off list scheduled for January 7, 2004, in the amount of $27,305.35.
Bird: Second.
De Weerd: Okay. It's been moved and seconded to approve the delinquency for turn
off scheduled for January 7t' for the amount of $27,305.35. Mr. Clerk, will you call roll.
Roll Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye.
MOTION CARRIED: ALL AYES
De Weerd: Mr. Mayor?
Corrie: Mrs. de Weerd, President, let me just say that this is the easiest meeting I
have --
De Weerd: Boy, I shouldn't have let you off that easy. Should have at least let you do
the delinquency list.
Corrie: Oh, no. I was on that once.
De Weerd: I wasn't going to say anything.
Item 15. Swear in New City Council Member Seat #1 — Shaun Wardle:
De W eerd: Okay. Item Number 14. We w ill turn this over to the City Clerk is that
correct? What is the protocol?
Berg: Madam President, if I may, I'll just say that we are going to kind of go in order of
the agenda and just swear in the new Council and Mayor.
Berg: Please raise your right hand and repeat after me. I, Shaun Wardle, do solemnly
swear that I will support the Constitution of the United States and the Constitution of the
State of Idaho and the laws and ordinances of the City of Meridian, Idaho, and that I will
do the best of my ability to faithfully perform the duties of the office of City Council in the
City of Meridian, Idaho, during my continuance therein, so help me God.
(Repeated by Mr. Wardle.)
Meridian City Council Meeting
January 6, 2004
Page 19 of 24
Berg: Thank you.
Item 16. Swear in New City Council Member Seat #3 — Charles M. Rountree:
Berg: Please raise your right hand and repeat after me. I, Charles M. Roundtree, Jr.,
do solemnly swear that I will support the Constitution of the United States and the
Constitution of the State of Idaho and the laws and ordinances of the City of Meridian,
Idaho, and that I will to the best of my ability faithfully perform the duties of the office of
City Council in the City of Meridian, Idaho, during my continuance therein, so help me
God.
(Repeated by Mr. Rountree.)
Berg: Congratulations.
Item 17. Swear in New Mayor — Tammy de Weerd:
Berg: Please raise your right hand and repeat after me. I, Tammy de Weerd, do
solemnly swear that I will support the Constitution of the United States and the
Constitution of the State of Idaho and the laws and ordinances of the City of Meridian,
Idaho, and that I will do the best of my ability to faithfully perform the duties of the office
of City Council in the City of Meridian, Idaho, during my continuance therein, so help me
God.
(Repeated by Mrs. de Weerd.)
Berg: Congratulations.
Item 18. Presentations:
De Weerd: Well, I would like to introduce your new City Council. Mr. Keith Bird, Mr.
Charlie Rountree, Mr, Bill Nary, and Mr. Shaun Wardle. We do have some
presentations to make and so I would like to ask that the Mayor, please, step forward.
Okay. We had -- the family put together a reception for the Mayor yesterday. Very
appropriate and well attended. I think there was a lot of emotion. We have a Mayor
here who has given eight years of service as Mayor and four years of service as Council
member, for a total of 12 years. He has shown great dedication and commitment to our
city and we are very appreciative of that and I would like to present him this plague and
would like to read it to you. It's to Robert D. Corrie, Mayor, City of Meridian, presented
in appreciation for your contribution and service to the City of Meridian as Mayor from
January 1996 to January 2004, and as City Council member from January 1992 to
January 1996. Your dedication and commitment to the citizens of the City of Meridian
and its employees is greatly appreciated. Thank you for your leadership and
involvement in this community, January 6, 2004. Thank you to his family, too. We have
one other presentation we'd like to give you.
Meridian City Council Meeting
January 6, 2004
Page 20 of 24
Bird: On behalf of all the City Councilmen that have served under you, the fellow
Councilmen that served with you for the 12 years, and I was lucky enough to serve six
years under you, I appreciate it. We'd like to give you this little token gavel that maybe if
you don't behalf what the doctor tell you to, Jeri can hit you with it. Okay. Anyway,
congratulations. Thank you, Bob, for everything.
De Weerd: Mrs. McCandless, we have a presentation that I will ask Councilman Nary
to, please, present.
Nary: Normally, I hate to have to talk on the mike here, but before I read the plaque, I
have had the privilege of sitting by Cherie McCandless the last two years and have
thoroughly enjoyed that opportunity. She is a good friend and a good member of this
community and we are better off as a community because of your service here, Cherie,
and I don't think we can say enough thank you for all you have done for our city and for
the time you have spent. It's a lot more time than people realize. I will read the plaque.
Cherie McCandless, City Council Member, City of Meridian, presented in appreciation
for your contribution and service to the City of Meridian as City Council member from
January of 2000 to January 2004 and as vice-president of the City Council. That's for
the last two years. The City of Meridian greatly appreciates your dedication and
commitment to serve this city and community, January 6, 2004.
McCandless: Thank you.
De Weerd: Before we move to the last item on our agenda, I would like to ask each of
the Council Members if they have anyone special in the audience that they would like to
recognize as well. Where did my agenda go? It's there on the corner.
Bird: Here.
De W eerd: If you have -- if you have anything you would like to say. Councilman
Roundtree, we will start with you.
Rountree: Thank you, Mayor. The last time I was here with a crowd this size it was an
indication of a couple things. One, it was going to be a real long night and a whole
bunch of people weren't happy. Tonight is another turn on that. It's a great event for
me personally and, hopefully, for the audience with your friends and family up here
being sworn in and starting the next era for the City of Meridian. I'd personally like to
thank my wife Nancy for her support, without which I wouldn't be here. She gave me
the thumbs u p when I brought u p the subject again a nd thank you, d ear. M y s ister
Susan Troyer, who patty footed around a lot of neighborhoods in Meridian putting out
fliers during the campaign. My brother-in-law Terry Amos, who was my treasurer and
the support he provided. My family. My son Tyler, daughter-in-law Beth and, of course,
my granddaughter Madeline and my brother-in-law Don Troyer. I don't see the other
folks that worked diligently on the campaign here, but one person I would like to
recognize is John Tomkinson. A friend who got the things done that I needed to get one
when I didn't have the time to get them done and, John, if you're here -- I don't see you,
Meridian City Council Meeting
January 6, 2004
Page 21 of 24
but, for the record, thank you very much. I'm looking forward to the next four years and
I hope I can serve this community well. Thank you and thank you for your support and
for being here this evening.
De Weerd: Councilman Wardle.
Wardle: Thank you, Mayor. I'd first like to thank you everyone here for being here to
celebrate and to witness this great occasion this evening. I'd like to thank the
community of Meridian for believing in the ideas that I have and for coming together as
a community to promote a better Meridian. I would like to thank you my family, my wife
Niki and the rest of my family for supporting me and continuing to support not only
myself, but the community in Meridian and I look forward in the next four years to
promoting Meridian, to promoting healthy businesses and to promoting the safety and
happiness of our citizens. Thank you very much. I appreciate it.
De Weerd: I would like to recognize a couple of people who will be sworn in or sworn at
next week. From the City of Kuna, we have our Mayor Elect Dean Ombrey and two
new Council Members, Zela Johnson and Jeff Lange. We sure appreciate you being
here with u s tonight a nd I will be there to see you sworn i n n ext week a nd we look
forward to a partnership with the City of Kuna and working together, because before too
long I guess we will be a lot closer than we realize. We do appreciate the fact that you
came here tonight and your support and we look forward to a partnership with your city.
Also, I see Commissioner Bivens from ACHD is here this evening. Thank you, Dave,
for being here. Planning and Zoning Commissioner David Zaremba is here. I see the
Chair of our Meridian Development Corporation Craig Slocum and I believe the
historical preservation -- one of the members there Walter Lundgren is here. Way back
in the back, I see representative Mark Snodgrass. Thank you, representative, for being
here. Now that we have got some of our city leaders and community leaders
recognized, I would I ike to recognize my family. I p robably s hould s ave that to I ast,
because I always get emotional. My husband said you should safe the emotional stuff
until the end, but I don't always follow what he says. I'm sure that surprises you all. My
husband has been very integral and I would underscore the statements that Charlie said
about his support from his spouse Nancy, that without the support of a family you
certainly couldn't do that. We saw that yesterday in the celebration of the service that
Mayor Corrie has given to this community and I know I have had full support from my
family from the day I started on the Parks and Recreation Commission and I would like
to thank him and my two daughters and maybe you all should stand. I don't see one of
my daughters but, Jan, my daughter Janelle. I also -- I don't know if you have noticed,
but I had -- I started my campaign very early to get out into the community to listen to
what our citizens had to say and along the way I met some very good new friends.
Believe it or not, solidified some very strong friendships and I would like to recognize a
couple of those key people, not only in my campaign, but that tolerate me and support
me and lift me up long ago and also I do even have a family member representative
here representing my grandfather's side Ted Eichenberger. Thank you so much for
being here today. I appreciate your support. I will let my poppa know that you were
here. Also my grandfather Marshal Eichenberger was very concerned about me and
Meridian City Council Meeting
January 6, 2004
Page 22 of 24
probably why Ted is here today. Also my neighbors down the street, the Pipkins, Burl
and Viv, they asked early on to keep an eye on us and they have done a very good job
in keeping an eye on us and holding us close and we have appreciated your friendship
and I hope we don't let you down. Then, Cheryl Brown, who has been a great friend to
me and she's kind of -- well, I won't go into everything. Thank you, Cheryl. Chris Dixon.
I see Joe Anderson. Mike Brown. Dick Armstrong. John Stubblefield. My friend and
firefighter Bill Allen. You know, I feel that I have gained some great relationships with
staff. I wanted you to know that I will do my utmost to work with, support you, and know
that we are a team. I'm here to help you in your success, so that we can be successful
as a city and I hope I won't let down your trust and hope to see the many things that we
can achieve together. I would like to recognize our department heads and, then, ask all
of our staff members to join them in standing after we recognize each of our department
heads. We have John Shawcroft with our water and sewer. Please stand up, John.
Our treasurer is Janice Smith. Kenny Bowers is our Fire Chief. Our HR Director is
Pauline Skeggs. We have our city engineer Brad Watson. I believe that -- Stacy, is she
still here? Stacy Kilchenmann. She's our Finance Director. Anna Powell, our Planning
and Zoning Director. Gary Smith, our Public Works Director. I believe that Chief Musser
is still back there somewhere, our Chief of Police. Okay. Rick Clinton, I see him way in
the back, too. Is Doug there is as well? Doug Strong, our Parks Director. Thank you
all and, again, I believe that this team sitting up here, just like the last team, will be great
supporters of yours and your success and we look forward to working together with you
and if the rest of the city staff that are here would, please, stand up, I would appreciate
recognizing you all, too. It might seem odd that I didn't mention our City Attorney or City
Clerk, but, you know, they are just common to us and, you know, sometimes we just fail
to recognize the importance, but, you know, they are a member of our team, very
integral as you saw tonight. Will and Bill, thank you so much and we look forward to
continuing to work together with you. Also, my new administrative assistant Peggy
Gardner in the back. If I forgot to recognize anyone, I apologize, but you know, the
party starts at 8:00. 1 would like to wish Eric Bush a happy birthday and thank you for
joining us on your birthday. Okay. We will go ahead and move to -- well, we have
already done the last --
Bird: We have the elections.
Item 19. Election of Officers:
De Weerd: Election of officers. I would ask for nominations for the position of president
of City Council.
Roundtree: Madam Mayor?
De Weerd: Councilman Rountree.
Rountree: I would like to offer the name of Councilman Bill Nary as Council President.
Bird: I would second that.
Meridian City Council Meeting
January 6, 2004
Page 23 of 24
De Weerd: Okay. Is there any further discussion, anything from -- you're awfully silent.
Bird: Madam Mayor, I'd move we close the nominations.
De Weerd: Okay. It's been moved to close the nominations. The nomination stands,
as Bill Nary will be our next president of City Council. I didn't ask you to vote, because
there was nothing to vote for.
Bird: There was nothing to vote on.
De Weerd: Okay. Nominations for vice-president.
Nary: Madam Mayor, I would move to nominate Councilman Bird as the Council vice-
president for the next year.
Rountree: I'll second that.
Corrie: Okay. Any discussion, Mr. Bird?
Bird: I have none.
De Weerd: N ow I know how to s but them u p. G reat. O kay. I f there is no further
discussion, we will close the nomination -- or I would entertain a motion to close the
nomination.
Rountree: So moved.
Nary: Second.
De Weerd: Okay. Moved and seconded to close the nominations for vice-president of
City Council. Our new vice-president is Mr. Keith Bird. Now, Mr. President, did you
want to assign departments?
Nary: Why don't we do that next week. We can adjourn the meeting here and move on.
De Weerd: Okay. Well, thank you all for joining us and we do have a reception at the
Cherry Lane Golf Course clubhouse and would love to have you join us and appreciate
all of you being here and joining us for this celebration tonight. Thank you. I will
adjourn this meeting. It is --
Nary: Don't we need a motion to adjourn?
Bird: I'd move that we adjourn the City Council Meeting.
Wardle: Second.
Meridian City Council Meeting
January6, 20N
Page 24 M 24
De Weerd: Okay. What time is it? Thank you, Janelle. We will — all those in favor of
adjourning the meeting?
MOTION CARRIED: ALL AYES
De Weerd: Meeting adjourned. 8:05.
MEETING ADJOURNED AT 8:05 P.M.
(TAPE ON FILE OF THESE PROCEEDINGS)
APPROVED:
TAMMYtDrMERID, MAYOR
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WILLIAM G. BERG, JR., CITY CLERK