HomeMy WebLinkAbout2012-11-07~~E IDIAN:----
CITY COUNCIL ~~ECIAL
MEETING AGENDA
Wednesday, November 07, 2012 at 7:00 PM
1. Roll-Call Attendance
X David Zaremba X Brad Hoaglun
X Charlie Rountree X Keith Bird
X Mayor Tammy de Weerd
2. Pledge of Allegiance
3. Community Invocation by Larry Woodard with Ten Mile Christian
Church
4. Adoption of the Agenda Adopted (Pg 2)
5. Consent Agenda Approved (Pg 2-5)
A. Approve Minutes of October 9, 2012 City Council Workshop
Meeting
B. Approve Minutes of October 16, 2012 City Council Regular
Meeting
C. Approve Minutes of October 23, 2012 City Council PreCouncil
Meeting
D. Approve Minutes of October 23, 2012 City Council Regular
Meeting
E. Approve Minutes of October 30, 2012 City Council Special
Meeting
F. Findings of Fact, Conclusions of Law for Approval: RZ 12-002
Central Valley Baptist Church by Alan Baker Located 600 N.
Ten Mile Road Request: Rezone of 15.65 Acres of Land from
the L-O (Limited Office District) Zone to the C-C (Community
Business District) Zone
Meridian City Council Meeting Agenda -Wednesday, November 07, 2012 Page 1 of 5
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing,
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
G. Findings of Fact, Conclusions of Law for Approval: AZ 12-007
Linder Church of Christ by Linder Church of Christ Located 1/2
Mile West of N. Black Cat Road on the South Side of W. Ustick
Road Request: Annexation and Zoning of 21.82 Acres of Land
with C-C (17.35 Acres) and R-8 (4.46 Acres) Zoning Districts
H. Findings of Fact, Conclusions of Law for Approval: MDA 12-
007 Centrepointe by WH Moore Company Located West Side
of N. Eagle Road and North of E. Ustick Road Request: Modify
the Concept Plan and Certain Provisions Contained in the
Recorded Development Agreement Approved for the
Centrepointe Project
I. Final Order for Approval: TEC 12-010 Jericho by Viper
Investments, LLC Located 6055 & 6185 N. Jericho Road
Request: Approval of a Two (2) Year Time Extension to Obtain
the City Engineers Signature on the Final Plat
J. Development Agreement for Approval: MDA 12-005 Sgroi by
Nunzio Sgroi Located at 4405 E. Ustick Road Request for a
Modification to the Existing Development Agreement to Allow
the Development of Single-Family Residential Homes on the
Site
K. Contract with Mercer for Benefits Consulting for 2013
L. Approval of Contract Amendment No. 3 for "Ferric Chloride
Solution" to Weschem, Inc. for aNot-To-Exceed Amount of
$100,000.00
M. Memorandum of Agreement with Community Planning
Association of Southwest Idaho for 2013 Orthophotography
Project for the Not-to-Exceed Amount of $10,000.00
N. Amending Sub-recipient Agreements with NHS Lending, Inc.
for Community Development Block Grant (CDBG) Funds
O. Approval of Award of RFQ and Authorize the Purchasing
Manager to Sign the Non-Financial (Zero Dollar) Master
Agreements Professional Construction Management Services -
Projects Over $25,000 to the Following:
• Beniton Construction.
• Engineered Structures, Inc.
• The Ewing Company, Inc.
Meridian City Council Meeting Agenda -Wednesday, November 07, 2012 Page 2 of 5
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing,
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
Task Orders Issued Against These Master Agreements Will
Include the City Legal Department Modified AIA Agreements
P. Cooperative Agreement Between Valley Regional Transit and
the City of Meridian for Annual Dues and Service Contribution
for aNot-to-Exceed Amount of $104,806.00
Q. Contract with Delta Dental of Idaho, Inc. for Dental Benefits for
2013
R. Water Easements with GGR, LLC, 2D, LLC, and Sparrowhawk
Business Owners Association for Camp Bow Wow
S. Field Services Agreement Between the Idaho Power Company
and the City of Meridian Regarding Moving and Setting of the
Christmas Tree at Generations Plaza for the 2012 Holiday
Festivities
T. Approval of Agreements with City of Meridian Dog Licensing
Designees:
• Linder Pet Medical Care; 1785 W. Cherry Lane, Meridian
• Idaho Humane Society; 4775 Dorman Street, Boise
• Treasure Valley Vet; 2600 S. Meridian Road, Meridian
• Pet Care Clinic; 1151 E. Fairview Avenue, Meridian
• Intermountain Pet; 800 W. Overland Road, Meridian
• Meridian Vet; 415 W. Franklin Road, Meridian
• Settlers Park Vet; 3220 N. Meridian Road, Meridian
6. Items Moved From Consent Agenda None
7. Action Items
A. Public Hearing Continued from September 18, 2012: AZ 11-003
King Property by Dexter King Located at 1195 W. Overland
Road Request: Annexation and Zoning of 8 Acres of Land
within an R-8 Zoning District
Continued to April16, 2013 (Pg 5-6)
B. Public Hearing: VAC 12-005 Central Valley Corporate Park by
Scott Schoenherr Located at 690 S. Industry Way (Lots 10 and
11, Block 1) Request: Vacate a 10-Foot Wide Public Utility,
Drainage and Irrigation Easement Shared on the Interior Lot
Line of Lot 10 and Lot 11, Block 1 Approved (Pg 6-8)
Meridian City Council Meeting Agenda -Wednesday, November 07, 2012 Page 3 of 5
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing,
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
C. Public Hearing: VAC 12-006 Spurwing by The Club at
Spurwing, LLC Located at North of Chinden Boulevard and
West of N. Linder Road Request: Vacate a Portion of N.
Spurwing Way Right-of-Way (1.39 Acres) Platted with the
Spurwing Subdivision Approved (Pg 8-12)
D. Public Hearing: AZ 12-009 Villas @Lochsa Falls by Arete
Investment Group, LLC Located West Side of N. Linder Road
Between Chinden Boulevard and W. McMillan Road Request:
Annexation and Zoning of 5.67 Acres of Land from RUT in Ada
County to the R-8 (Medium-Density Residential) Zone
Approved (Pg 12-20)
E. Public Hearing: PP 12-008 Villas @Lochsa Falls by Arete
Investment Group, LLC Located West Side of N. Linder Road
Between Chinden Boulevard and W. McMillan Road Request:
Preliminary Plat Approval of 31 Residential Lots and 5
Common Lots on 4.95 Acres in a Proposed R-8 Zone Approved
(Pg 12-20)
F. Public Hearing: PP 12-011 Hacienda East by Jayo
Development Located at East Side of N. Meridian Road and
South of Chinden Boulevard Request: Preliminary Plat
Approval of 17 Residential Lots on 2.14 Acres in an Existing R-
8Zone Approved (Pg 20-22)
G. Public Hearing: AZ 12-010 SGI by G4 Acquisitions, LLC
Located 2420 N. Eagle Road Request: Annexation and Zoning
of 1.45 Acres of Land with a C-G Zoning District Approved (Pg
22-29)
H. Public Hearing: CUP 12-008 SGI by G4 Acquisitions, LLC
Located at 2420 N. Eagle Road Request: Conditional Use
Permit for aDrive-Thru Establishment in a C-G Zoning District
Within 300 Feet of an Existing Residence and Residential
District Approved (Pg 22-29)
I.
J. Public Hearing: PP 12-009 Zebulon Village Subdivision by The
Traditions by Amyx II, LLP Located Approximately 1/4 Mile
West of N. Eagle Road and South of E. McMillan Road
Request: Preliminary Plat Approval Consisting of 40 Building
Lots and 7 Common /Other Lots on 14.94 Acres of Land in the
R-4 Zoning District Approved (Pg 29-35)
Meridian City Council Meeting Agenda -Wednesday, November 07, 2012 Page 4 of 5
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing,
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
8. Department Reports
A. Community Development: Proposed Ordinance Creating
Additional Temporary Sign Allowance for Permanent
Proprietors within the Ada County Highway District's Meridian
Split Corridor Phase 2 Roadway Project Area (Pg 35-45)
B. Ordinance No. 12-1532: Temporary Sign Allowance for
Permanent Proprietors within the Ada County Highway
District's Meridian Split Corridor Phase 2 Roadway Project
Ordinance will come back on November 13, 2012 (Pg 45)
C. Legal Department: Discussion on Update to Animal Control
Code (Pg 45-46)
D. Ordinance No. 12-1533: Animal Control Code Updates
Approved (Pg 46-47)
E. Information Services/Human Resources: Department Update
(Pg 47-48)
F. Solid Waste Advisory Commission: Recommendation
Regarding the September 26t", 2012 Ada County Response
Letter (Pg 48-51)
9. Future Meeting Topics (Pg 51-52)
Adjourned at 9:10 a.m.
Meridian City Council Meeting Agenda -Wednesday, November 07, 2012 Page 5 of 5
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing,
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
Meridian Citv Council Workshop November 7, 2012
A meeting of the Meridian City Council was called to order at 7:00 p.m., Wednesday,
November 7, 2012, by Mayor Tammy de Weerd.
Members Present: Mayor Tammy de Weerd, Brad Hoaglun, David Zaremba, Keith Bird
and Charlie Rountree.
Others Present: Bill Nary, Jaycee Holman, Pete Friedman, Bill Parson, Sonya Wafters,
Kyle Radek, Scott Colaianni, Mark Niemeyer, Caleb Hood, and Dean Willis.
Item 1: Roll-call Attendance:
Roll call.
X David Zaremba X Brad Hoaglun
X Charlie Rountree X Keith Bird
X Mayor Tammy de Weerd
De Weerd: Welcome to the City Council meeting. For the record it is Wednesday,
November 7th, at 7:00 p.m. We will start tonight's meeting with roll call attendance,
Madam Clerk.
Item 2: Pledge of Allegiance
De Weerd: Item No. 2 is our Pledge of Allegiance. If you will all rise and join us to a
pledge -- pledge to our flag.
(Pledge of Allegiance recited.)
Item 3: Community Invocation by Larry Woodard with Ten Mile Christian
Church
De Weerd: Item No. 3 is our community invocation. Tonight we will be led by Larry
Woodard. He is with Ten Mile Christian Church. If you will all join us in the community
invocation or take this as an opportunity for a moment of reflection. Welcome, Larry.
Woodard: It's always a pleasure to be here. Let's pray. Dear Heavenly Father, it is an
honor to address you before each Meridian City Council meeting. This is a dual
blessing that most communities miss. Tonight I pray for healing of emotions after a
seemingly endless political campaign as we get down to business that really counts
here locally. That you would bless both the Mayor and the Councilmen and the city
employees that make this a very special community. I pray for wisdom of this Council
as our city continues to change and grow. May each annexation, zone change, street
improvement, new school building add to the beauty and safety of our community.
Tonight, besides this Council, led by an able Mayor and dedicated Councilmen, I pray
for our police, fireman, and EMTs. With drugs on the rise these are the folks who
Meridian City Council
November 7, 2012
Page 2 of 52
protect us and I ask your blessing on them and their families. Although they are not
here, I pray for our servicemen and women from Meridian who protect us around the
world. For my wife and I know what it's like to get calls from hospitals when our
grandson was wounded multiple times. Please protect the families of these servicemen
and comfort them. Bless this meeting tonight. Give each who participates a clear mind
and a recognition that, God, you are still on your throne, in Jesus' name, amen.
De Weerd: Thank you so much for joining us and kicking us off in the right spirit.
Woodard: Okay.
Item 4: Adoption of the Agenda.
De Weerd: Item No. 4 is adoption of the agenda.
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Hoaglun: A couple items to note on tonight's agenda. Item 7-A, the applicant is
requesting a continuation of that item. Under 8-B, the. ordinance number is 12-1532 and
8-D is ordinance number 12-1533. With those notes, Madam Mayor, I move adoption of
the agenda as printed.
Rountree: Second.
De Weerd: I have a motion and a second to adopt the agenda as presented. All those
in favor say aye. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
.Item 5: Consent Agenda
A. Approve Minutes of October 9, 2012 City Council Workshop
Meeting
B. Approve Minutes of October 16, 2012 City Council Regular
Meeting
C. Approve Minutes of October 23, 2012 City Council PreCouncil
Meeting
D. Approve Minutes of October 23, 2012 City Council Regular
Meeting
Meridian City Council
November 7, 2012
Page 3 of 52
E. Approve Minutes of October 30, 2012 City Council Special
Meeting
F. Findings of Fact, Conclusions of Law for Approval: RZ 12-002
Central Valley Baptist Church by Alan Baker Located 600 N.
Ten Mile Road Request: Rezone of 15.65 Acres of Land from
the L-O (Limited Office District) Zone to the C-C (Community
Business District) Zone
G. Findings of Fact, Conclusions of Law for Approval: AZ 12-007
Linder Church of Christ by Linder Church of Christ Located 1/2
Mile West of N. Black Cat Road on the South Side of W. Ustick
Road Request: Annexation and Zoning of 21.82 Acres of Land
with C-C (17.35 Acres) and R-8 (4.46 Acres) Zoning Districts
H. Findings of Fact, Conclusions of Law for Approval: MDA 12-
007 Centrepointe by WH Moore Company Located West Side
of N. Eagle Road and North of E. Ustick Road Request: Modify
the Concept Plan and Certain Provisions Contained in the
Recorded Development Agreement Approved for the
Centrepointe Project
Final Order for Approval: TEC 12-010 Jericho by Viper
Investments, LLC Located 6055 & 6185 N. Jericho Road
Request: Approval of a Two (2) Year Time Extension to Obtain
the City Engineers Signature on the Final Plat
J. Development Agreement for Approval: MDA 12-005 Sgroi by
Nunzio Sgroi Located at 4405 E. Ustick Road Request for a
Modification to the Existing Development Agreement to Allow
the Development of Single-Family Residential Homes on the
Site
K. Contract with Mercer for Benefits Consulting for 2013
L. Approval of Contract Amendment No. 3 for "Ferric Chloride
Solution" to Weschem, Inc. for aNot-To-Exceed Amount of
$100,000.00
M. Memorandum of Agreement with Community Planning
Association of Southwest Idaho for 2013 Orthophotography
Project for the Not-to-Exceed Amount of $10,000.00
N. Amending Sub-recipient Agreements with NHS Lending, Inc.
for Community Development Block Grant (CDBG) Funds
Meridian City Council
November 7, 2012
Page 4 of 52
O. Approval of Award of RFQ and Authorize the Purchasing
Manager to Sign the Non-Financial (Zero Dollar) Master
Agreements Professional Construction Management Services -
Projects Over $25,000 to the Following:
• Beniton Construction.
• Engineered Structures, Inc.
• The Ewing Company, Inc.
Task Orders Issued Against These Master Agreements Will
Include the City Legal Department Modified AIA Agreements
P. Cooperative Agreement Between Valley Regional Transit and
the City of Meridian for Annual Dues and Service Contribution
for aNot-to-Exceed Amount of $104,806.00
Q. Contract with Delta Dental of Idaho, Inc. for Dental Benefits for
2013
R. Water Easements with GGR, LLC, 2D, LLC, and Sparrowhawk
Business Owners Association for Camp Bow Wow
S. Field Services Agreement Between the Idaho Power Company
and the City of Meridian Regarding Moving and Setting of the
Christmas Tree at Generations Plaza for the 2012 Holiday
Festivities
T. Approval of Agreements with City of Meridian Dog Licensing
Designees:
• Linder Pet Medical Care; 1785 W. Cherry Lane, Meridian
• Idaho Humane Society; 4775 Dorman Street, Boise
• Treasure Valley Vet; 2600 S. Meridian Road, Meridian
• Pet Care Clinic; 1151 E. Fairview Avenue, Meridian
• Intermountain Pet; 800 W. Overland Road, Meridian
• Meridian Vet; 415 W. Franklin Road, Meridian
• Settlers Park Vet; 3220 N. Meridian Road, Meridian
De Weerd: Item 5 is our Consent Agenda.
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Hoaglun: I move approval of the Consent Agenda and the Mayor to sign and Clerk to
attest.
Meridian City Council
November 7, 2012
Page 5 of 52
Rountree: Second.
De Weerd: I have a motion and a second to approve the Consent Agenda. Madam
Clerk, will you, please, call roll.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Item 6: Items Moved From Consent Agenda
De Weerd: There were no items moved from the Consent Agenda.
Item 7: Action Items
A. Public Hearing Continued from September 18, 2012: AZ 11-003
King Property by Dexter King Located at 1195 W. Overland
Road Request: Annexation and Zoning of 8 Acres of Land
within an R-8 Zoning District.
De Weerd: So, we will move to Item 7-A, which the applicant has requested a
continuation. Pete.
Friedman: Thank you, Madam Mayor, Members of the Council. This is another request
for continuation on the annexation request by Dexter King. Property is located along
Overland Road, kind of west of the new Walmart site and Freedom Storage and all of
that. Mr. King has been traveling extensively out of state and we did communicate to
him that this has been going on for some time and so that if the Council does approve a
continuance tonight that he will be responsible for paying for renoticing of the
application and maybe really should give serious thought to whether or not he wants to
move forward with the request. Initially he had requested annexation, because he had
a failing septic system and, then, he requested annexation to avail himself of city
services. He subsequently, then, replaced his septic system. So, I guess, you know,
now it's going to have to be a determination on his part whether he still wants to be in
the city and, then, required to hook up to city services. So, that's the background on his
request.
De Weerd: Thank you, Pete. Council, any questions for staff on this request?
Bird: I have none.
De Weerd: Okay.
Rountree: Madam Mayor?
Meridian City Council
November 7, 2012
Page 6 of 52
De Weerd: Mr. Rountree.
Rountree: I move that we continue Item 7-A until April 16, 2013.
Zaremba: Second.
De Weerd: I have a motion and a second to continue this Public Hearing. Mr.
Rountree, would that require renoticing at the cost of the applicant?
Rountree: Yes.
De Weerd: Okay. Second agree?
Zaremba: Second agrees.
De Weerd: Okay. I will go ahead and ask if all are in favor of the motion, please, say
aye. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
B. Public Hearing: VAC 12-005 Central Valley Corporate Park by
Scott Schoenherr Located at 690 S. Industry Way (Lots 10 and
11, Block 1) Request: Vacate a 10-Foot Wide Public Utility,
Drainage and Irrigation Easement Shared on the Interior Lot
Line of Lot 10 and Lot 11, Block 1
De Weerd: Okay. Item 7-B is a public hearing on VAC 12-005. I will open this public
hearing with staff comments.
Parsons: Thank you, Madam Mayor, Members of the Council. First application this
evening is Central Valley Corporate Park vacation. This property was platted -- it's
located at 690 South Industry Way. It was platted in 1989 and included two lots. Since,
then, the property has been consolidated with a record of survey through the city. A
building is now constructed over top of these easements -- or the public utility
easements that were platted with the project in 1989. That record of survey did not
vacate the required easements. The applicant's in process of refinancing the building
and a condition for obtaining a new loan on the site is vacating these easements. We
have gotten the relinquishment letters from the appropriate applicable utility providers.
There are no utilities within that easement. I believe Public Works is also in agreement
with that being vacated. To my knowledge there aren't any other outstanding issues
before you this evening and at this time I would stand for any questions you have.
De Weerd: Thank you, Bill. Council, any questions at this point?
Rountree: I have none.
Meridian City Council
November 7, 2012
Page 7 of 52
Bird: I have none.
De Weerd: Okay. Would the applicant like to make comment? Good evening. If you
will, please, state your name and address for the record.
Schoenherr: Okay. Thank you, Mayor. Scott Schoenherr. I work with Rafanelli &
Nahas. Our address is 408 East Park Center in Boise. We are a local developer and
we own -- we originally developed most of Central Valley Corporate Park and we own
690 South Industry and I don't really have any comments to make. Staff did a great job
in the report. I'm really here more to see if you have any questions or anything. You
know, we moved a lot line, we didn't vacate the easement, the building was approved,
we built a building, the building currently sits over where this easement is. No one knew
the easement was there until we went to refinance and through another survey we
found this easement.
De Weerd: Council, any questions for Scott?
Bird: I have none.
De Weerd: Thank you.
Schoenherr: Great. Thank you very much.
De Weerd: This is a public hearing. Is there anyone who wishes to provide testimony
on this item? Seeing none, Council, any questions for staff at this point or I would
entertain a motion to close.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we close VAC 12-005.
Rountree: Second.
De Weerd: I have a motion and a second to close the public hearing on 7-D. All those
in favor say aye. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we approve VAC 12-005 and include applicant and staff comments.
Meridian Cily Council
November 7, 2012
Page 8 of 52
Rountree: Second.
De Weerd: I have a motion and a second to approve Item 7-B. If there is no discussion
from Council, Madam Clerk.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
C. Public Hearing: VAC 12-006 Spurwing by The Club at
Spurwing, LLC Located at North of Chinden Boulevard and
West of N. Linder Road Request: Vacate a Portion of N.
Spurwing Way Right-of-Way (1.39 Acres) Platted with the
Spurwing Subdivision
De Weerd: Item 7-C is a public hearing on VAC 12-006. I will open this public hearing
with staff comments.
Parsons: Thank you, Madam Mayor, Members of the Council. The next item is
Spurwing right of way vacation. This site is located on the north side of Chinden
Boulevard and west of North Linder Road. Currently this is a public street that is --
takes -- provides access to the Spurwing Subdivision in the county. In 2011 the Council
approved a preliminary plat in a project called Spurwing Challenge Golf Course. That
included approximately 60 acres here in this boundary and it was zoned R-8. If you
recall that approval had a variance attached to that and the applicant did receive
Council approval of keeping this roadway open as a public road, but it was to be a right-
in, right-out only access point. Also with that subdivision approval a newer road
alignment was to occur with that subdivision to align with North Long Lake at that half
mile, which is consistent with the UDC. Since then the applicant has changed their
mind and they want to go a different direction, so rather taking advantage of that public
street access to Chinden, they would like to close that off, vacate that right of way and
exchange that for the new roadway that was approved with the Spurwing Challenge
Golf Course. At some future point when the final plat comes in for this property the
applicant will be seeking private street application with the city to convert that and have
that -- serve those lots that you see here in this exhibit. I have not received any written
testimony from the applicant on the application. There are no outstanding issues before
you. I would mention that Council is the recommending body on this application and
ACHD will have the final say on -- on the vacation and the right way. This concludes my
presentation and at this time I'd stand for any questions you have.
De Weerd: Thank you. Council, any questions?
Zaremba: Madam Mayor?
Meridian City Council
November 7, 2012
Page 9 of 52
De Weerd: Mr. Zaremba.
Zaremba: Thanks, Bill, but clarify for me two things, if you would. Is the intention to
make -- I think you said the intention is to make this a private roadway. So, the first
question is are the other roads in Spurwing, like North Penncross that we see here, are
those private roads and the second is are they intending to close off access to Chinden
entirely?
Parsons: Madam Mayor, Members of the Council, Councilman Zaremba, this will be --
once this is vacated and converted to the private street it will be the only private street in
the Spurwing Subdivision and they do intend to close this off and construct a pathway
and the berming across that along Chinden to mimic what was approved with the
Spurwing Challenge Golf Course.
Zaremba: Thank you. But are the other streets private streets?
Bird: No.
Parsons: No, sir, they are not. They will be public streets and remain such.
Zaremba: Thank you.
De Weerd: Okay. Any other questions from Council? Is the applicant here this
evening? Good evening. If you will, please, state your name and address for the
record.
Christensen: Madam Mayor, Members of the City Council, my name is Chuck
Christensen. My address is 1904 West Overland in Boise.
De Weerd: Thank you.
Christensen: I'm here representing the applicant on behalf of the property owner, the
Club at Spurwing and Bill presented our case clearly and just am here for any questions
you might have.
De Weerd: Thank you very much. Council, any questions?
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: Would you be open to add a few words to this request? The request is to
have the right of way be vacated. I would also like to add to be quite specific for any
future action on this property that the access as well be vacated.
Meridian City Council
November 7, 2012
Page 10 of 52
Christensen: The access on Chinden?
Rountree: Yes.
Christensen: That's fine.
Rountree: Okay.
De Weerd: Okay. Any other questions, comments for the applicant?
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I guess I'm curious about why we would make this one -- one section of all
your streets private if it's going to be, essentially, cul-de-sac'd, I can't see very much
random traffic going up and down it and you understand the obligation with a private
street is you -- you become the maintainer and replacer of it if maintenance is needed.
It already meets ACHD standards and it would seem to me to make sense to leave that
road a public road. I can't see it drawing very much traffic.
Christensen: Part of it, Councilman Zaremba, is -- is to avoid the cul-de-sac at the end
of the street. We are going to build an emergency turnaround and we will have five lots
located on the street. Also, we intend to build a gate at the north end of the street to
restrict traffic into that area.
Zaremba: Which brings me wanting an opinion from the fire department
Niemeyer: Madam Mayor, Councilman Zaremba, it piqued my ears as well, just not
seeing the plans. We certainly do have concerns with gates, especially if they require
an access code or they are locked in some manner. It does certainly prevent access
into the area that we are going into. We are not real friendly with gates when it comes
to trying to get fire apparatus through them.
Zaremba: And it sounds like they are also not wanting a turnaround at the far end of it.
Can that work for the fire department?
Niemeyer: Again, Councilman Zaremba, I'd have to look at the plans and talk with --
Chief Palmer reviewed this, but it would appear looking at this we could have a T turn
around there at the -- at the end of that, but, again, I'd have to confirm that with Chief
Palmer.
Zaremba: Thank you.
Christensen: That's what we intend to do, by the way. Of course we -- this -- all that
stuff would be part of the private street application. We would work with the fire
Meridian City Council
November 7, 2012
Page 11 of 52
department in the gate design, whether that's a closed gate or some sort of a monument
thing, we will work that out with them.
Zaremba: Thank you.
De Weerd: Okay. Any further questions?
Bird: I have none.
De Weerd: Thank you. This is a public hearing. Is there anyone who would like to
provide testimony on this item? Okay. Council, any further questions? Could I have a
motion?
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I move that we approve Item 7 --
De Weerd: No. Can we close the public hearing first.
Rountree: Oh. Close the public hearing first.
De Weerd: Yes.
Rountree: Yes.
Zaremba: Second.
De Weerd: I have a motion and a second to close the public hearing on Item 7-C. All
those in favor say aye. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
De Weerd: Mr. Rountree.
Rountree: Now I move to approve Item 7-C, VAC 12-006 with the understanding that
the approval is a recommendation to ACHD that we concur in the -- not only the
vacation of the right of way, but the vacation of access onto Chinden and also with the
understanding that ACHD and the county as they move forward with this development
will coordinate with the Meridian Fire Department and Meridian Rural Fire Department
on access.
Zaremba: Second.
Meridian City Council
November 7, 2012
Page 12 of 52
De Weerd: I have a motion and a second to approve Item 7-C. Council, anything
further on this item? Madam Clerk.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
D. Public Hearing: AZ 12-009 Villas @Lochsa Falls by Arete
Investment Group, LLC Located West Side of N. Linder Road
Between Chinden Boulevard and W. McMillan Road Request:
Annexation and Zoning of 5.67 Acres of Land from RUT in Ada
County to the R-8 (Medium-Density Residential) Zone
E. Public Hearing: PP 12-008 Villas @Lochsa Falls by Arete
Investment Group, LLC Located West Side of N. Linder Road
Between Chinden Boulevard and W. McMillan Road Request:
Preliminary Plat Approval of 31 Residential Lots and 5
Common Lots on 4.95 Acres in a Proposed R-8 Zone
De Weerd: Item 7-D and E are public hearings on AZ 12-009 and PP 12-008. I will
open these two public hearings with staff comments.
Parsons: Thank you, Madam Mayor, Members of the Council. Next project is Villas @
Lochsa Falls. It's approximately five acres -- two parcels totaling approximately five
acres in size, currently zoned RUT in Ada County and it's located mid-point or on the
west side of North Linder Road, midway between West Chinden Boulevard and West
McMillan Road. Surrounding this site is the Villas -- or Lochsa Falls Subdivisions along
the north, the west and the south boundary and, then, across Linder Road you have
Rocky Mountain High School. This is simply an extension of Lochsa Falls, if you will. In
2008 one of these parcels was before you and was approved for amulti-family
development for -- actually, a 21 unit multi-family development. That applicant was
given the option of signing a development agreement to complete the annexation on the
property. They chose not to execute the DA, therefore, those approvals expired and
now a new owner, new developer, has come forward to -- with different plans for the
property. The applicant is proposing annexation to the R-8 zoning designation.
Average lot size in here is approximately a little over 5,000 square feet. Gross density
of this plat is 6.26 acres, which is consistent with the MDR land use designation in the
comp plan and also they requested R-8 zoning district. I would also point out to Council
that I have two red squares on this subdivision map. They indicate there are two
existing homes on the property that the applicant is proposing to remain with the project
and that's what I have highlighted here. They are also proposing a third in between that
and those three lots will take access from a common drive. In the UDC the applicant
must seek a waiver of City Council to take access to an arterial street and that's what
the applicant is asking this evening. I'd also mention that ACHD has approved the one
Meridian City Council
November 7, 2012
Page 13 of 52
access point that's depicted before you this evening as well. Landscaping is pretty
minimal, because this plat is under the five acre minimum there are no requirements for
open space or amenities with the subdivision. But the applicant is providing
approximately seven percent open space. The majority of it is, basically, street buffer
and a remnant open space lot here. I'd also mention to Council that the applicant has
received approval of alternative compliance application, because these homes are to
remain part of the plat they will not allow a full 25 foot landscape buffer to occur along
Linder Road. Thereby they have asked for that to be reduced to ten feet and that will be
planted with additional trees as well and, then, of course, this additional landscaping will
house additional trees and there will be an additional landscape strip here to provide --
make up for that reduction of landscaping as well. Also there is a stub street that's
stubbed to the west edge of the property. This is being extended with the plat and a
new road is being proposed with the subdivision as well to provide access to the 28
home lots. As I mentioned to you earlier, three are proposed to take access to Linder
Road. The applicant has provided sample elevations for you this evening. Most of it is
an extension of what's currently constructed in Lochsa Falls. Staff is recommending a
development agreement with the annexation of the property. These elevations are
included and part of that annexation -- or, excuse me, DA provisions that I'm presenting
this evening. So, here is -- at the Planning and Zoning Commission hearing
Commission did vote to recommend approval to you this evening. Testifying at the
hearing was Ross Ericson and Jeremy Telford. No one commented in opposition.. No
written testimony was provided, except from the applicant. The Commission did make
changes to the staff report. The first change is they struck condition 1.2.4 and 1.3.9.
That had to do with some of the plat design issues that were outstanding. The applicant
has since corrected those issues and the amended plat that you see this evening
depicts those corrections as well. And, then, the applicant at the Commission hearing
requested Commission to grant a longer extension for the existing homes to hook up to
city sewer and city water. The Commission is recommending that you grant them 18
months to hook up the existing homes to city sewer and water. One last thing to
mention to you -- I guess, really, the only outstanding issues for you this evening would
be, one, the waiver to Linder Road, if you feel it appropriate that three homes take
access to an arterial street. If you -- it is not granted, then, the applicant will have to
come back and bring forth a plat that shows all the lots take access from a local street
and the other issue before you this evening is the street name for the new public street
that is being proposed. Currently the street naming committee gave a preliminary
approval name -- preliminary name approval of North Cougar Flat Place and the
applicant is requesting that Council allow him to move forward with Landen Creek Drive
as a name change for that street. I did get a written agreement from the applicant.
They are in agreement with the Commission's recommendations. Other than that, the
outstanding issues that I presented to you, there aren't any others to detail for you and
at this time I'd stand for any questions you have.
De Weerd: Thank you, Bill. Council, any questions?
Bird: I have none.
Meridian City Council
November 7, 2012
Page 14 of 52
De Weerd: Okay. Is the applicant here this evening? Good evening. If you would,
please, state your name and address for the record.
Telford: My name is Jeremy Telford. My address is 2151 West Teano Drive in
Meridian.
De Weerd: Thank you, Jeremy
Telford: If you don't mind, I'm just going to show a little more detail on the -- if we can
switch that to the laptop button. We are excited about the project. I am glad to be in
front of you. I have done this before for other people, but this is my first time presenting
for my own individual project. So, if that -- are you able to get that up, Bill?
Parsons: Did you plug it in? There you go.
Telford: As mentioned, we had -- there was -- there is two parcels of land. The north
parcel -- oh. I'm sorry. My PowerPoint presentation just crashed.
Rountree: Got the whole family.
Telford: There is my family.. And my nephews and nieces and my mom.
De Weerd: That's important.
Telford: I apologize for that. Let me -- let's give this just a second to get back up.
There is two parcels involved with this plat. Bill, actually, if you can flip back to the plat
map, I will abandon my -- the north parcel -- sorry. I'm going to get this back up for you.
Well, the north parcel in 2008 was submitted by itself on 2.6 acres of land and approved
for 21 condominium lots. There you go, Bill. That should be -- if we can get that back.
Apologize for the technical difficulties. Sorry. Put something else in there. I'm going to
go with just -- I'm just going to talk. The north parcel was approved in 2008 for 21 lots
on 2.6 acres. At that time it was told to me late afterwards that City Council had
suggested that the north and south parcel be developed together and try and just clear
out -- right now in the middle of the subdivision across the street from Rocky Mountain
High School there is a large -- there is just a big field and there is just a couple of ugly
houses that have always been a little bit of an eye sore. The south owner refused to
sell at that point and, you know, said I won't take a million dollars for this thing, because
I'm going to develop it some day. Unfortunately, they lost that to foreclosure about a
year ago and that's how I became involved. We -- my company buys and sells bank
owned properties. And so I'm now thinking I need to get back to this presentation,
because I have got the pictures of what we have done with this. We have already taken
the south property and renovated the entire home and brought it up to standard
conditions of -- that meet or exceed what you find in new construction. Okay. I am
going to have to get back into this and get those pictures up for you, because it really
shows you what we are doing.
Meridian City Council
November 7, 2012
Page 15 of 52
De Weerd: But don't rush. We are good.
Telford: I'm sorry for this.
De Weerd: You are not the first that have struggled with this technology.
Telford: And Bill this morning even told me -- he said you should send in your file and I
said, no, I'm uncomfortable doing it on somebody else's computer and, then, mine
crashed. Always seems to go -- okay, Bill, I think I should be -- I should be okay there.
Real life. On this south parcel you will see that there is -- the 21 -- so, the north parcel
is currently owned by Kathryn Nelson, who is here today and my company will be
purchasing that in March of 2003. It will be renovated into the construction standards.
The south parcel, as you will see below, is a home that was built in 1942. It was
formerly the L&L Tree Farm and I'm just going to show you some of the before and after
photos that we have, just to give you an idea of what we are going to do with these
existing homes, because that's the only kind of awkward fit in this whole equation is
what to do with these houses. But like we have done for this one on the south side is to
take it from the old dilapidated state that they have been -- you know, that they are in
poor condition for the age, but they are older homes and we would like to bring those
homes up to current construction standards so that as neighbors look out on these
adjoining properties that it won't be any sort of an .eyesore. From the. traffic access
perspective there are currently three access points along Linder Road. One serves
5375 in the center and, then, the one to the north serves 5555 and there is also another
that serves the L&L Tree Farm to the south side. Our proposal -- will we actually make
a community -- or a common drive off of Linder Road and, then, the other 28 lots will
take development through the Villas @ Lochsa Falls and by doing so and, then, creating
a landscape buffer along those -- the remaining frontage, we will actually take out two of
the three current access points. So, although we are maintaining access from Linder
Road, we are eliminating two of the three access points and consolidating down to one.
And that's partly why ACHD gives a us pretty good approval on that. They like that.
This is the preliminary plat map, as Bill has said. We are -- we are looking for 28 lots in
the new homes and, then, three lots, two of which are the existing homes still on the
others. We went with 50 foot wide minimum lot sizes. In the previous approval that
went through it was a little bit smaller than that, but we wanted to maintain a 50 foot
frontage, just for builders being for the builders from the project. And all of the utilities
are already stubbed to this property and when they widen Linder Road the city actually
provided the utility stubs to it. So, we don't have to disturb Linder Road anymore.
That's partly why we asked for an 18 month extension on the connection, because if we
had to do it within the 60 -- 60 or 90 days I think it was, then, we would actually have to
hot tap into current utilities, knowing that six to eight to 12 months later we are going to
be building a whole new system that we could tap into it at the same time and just tap
into the system once instead of twice. And, then, we will maintain the 25 foot landscape
buffer for all of the new properties with the only exclusion being the existing homes.
From an architectural design perspective, we are looking to build homes between 1,600
and 2,400 square feet, mixing one and two story elevations and floor plans, specifically
with a garage setback format that will put the garage further back and the living space
Meridian City Council
November 7, 2012
Page 16 of 52
more forward, so that we get a better looking streetscape. We do have a shared
driveway format, we actually like, because it -- excuse me -- it comes back where we
only have 30 feet of asphalt for every 70 feet of landscape or grass on that. So, it
creates a better looking streetscape for the community. Housing prices, just for
information, we anticipate will be between 180 and 220 to 250 on the high end, which is
in this creates a great location for a medium density product and our goal is to really sell
these homes based off of the quality of the design versus the lot size. We realize that
these will be smaller lot sizes as designated by the general plan, but this is generally the
streetscape that -- that you will see on there, those five homes, just kind of a mix.
These aren't scientific details of what we will be doing, just an example there. And,
then, these are just some photos of similar homes that we have liked just to -- for some
imagery. These are lot sizes -- or house widths would fit on that type of a lot. That's
what we are looking at. Our -- you know, just from a general perspective benefits of this
between 28 homes -- between the construction, the resale, and everything, we are
looking at about a six million dollar economic opportunity within the city to be built by,
sold by, and supplied for by local companies. It does give us an opportunity for some
more medium density affordable housing within the area. It does eliminate two points of
access off of Linder Road and it also gets rid of that big field across the street from
Rocky Mountain High School, so -- and, then, could I -- I apologize, before the program
crashed on -- we had been assigned Cougar Flat Place as the street and if -- at least I
could. show you how that lays out.. But within Lochsa Falls -- within. Lochsa Falls there
are a couple of uses of Cougar Flat Place. Now, none of them -- excuse me. I'm
actually going to see if this will -- this map is upside down as I go through this and I had
corrected it before it crashed, but when you put this into the setting of where we are,
Cougar Flat Place winds a little bit and it's segmented into three different areas. This
first area on the left is listed as Cougar Flat Place. The second arrow is in different
maps listed as Cougar Flat Place and, then, Cougar Flat Circle is over here on the far
right. This is just a personal preference of mine, it's really not that big of a deal, but
we'd hate to be the third segment of a disjointed street, when we are trying to give
directions to people and say you come by these houses and they all end up either a
quarter of a mile to one side or a dead end cul-de-sac on the other side and, you know,
unfortunately, we hope that they won't turn around and leave. And so for that, plus one
of the kids in the picture is named Landen, so we thought that Landen Creek, which fits
very much with Lochsa Falls. There is Goddard Creek and Ditch Creek and there is a
lot of creek names in the Lochsa Falls Subdivision and we thought that Landen Creek
would be a good distinct name and that's the only reason that we are proposing that.
Just for ease of finding it.
De Weerd: I think our fire department would agree with you on the disjointed street and
the complications that that adds. Do you have any comment, Mark?
Niemeyer: No, other than, Madam Mayor, we would support the name change. If we
don't have to try and find multiple streets with the same name we are in a lot better
shape.
Meridian City Council
November 7, 2012
Page 17 of 52
De Weerd: Yes. So, it's not just the people trying to find the homes, it's the people
trying to serve the homes, so -- thank you.
Telford: And I apologize for my technical difficulties on that. I will close the computer.
De Weerd: You are good. Council, any questions?
Bird: I have none.
Rountree: I have none at this point.
De Weerd: Thank you.
Telford: Thank you.
De Weerd: This is a public hearing on Item 7-D and E. Is there anyone who would like
to provide testimony on either of these items? Okay. Any further comments from staff?
Parsons: No, ma'am.
De Weerd: Okay. Council, you have these two items in front of you. If you don't need
any further information I would entertain a motion to close.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: Just for discussion, much of what has been suggested and planned I find
very attractive and I think it's a great idea to -- to get something happening on that
property. I congratulate the applicant on wanting to move forward with getting
something there. I am struggling with the access to Linder, though. Just visualizing
what that road is going to become over the years of growth as a very major arterial, I
guess my first question is is that planned as a full access or a right-in, right-out and my
second question is is there any other way to do it, so that it could access back into the
subdivision? Today I'm not sure it would be a problem, but it scares me for the future of
Linder Road to have access there. So, I -- I don't know if that's a question to staff or the
applicant, but --
De Weerd: We will try staff first.
Zaremba: I'm just kind of musing, I guess, that that makes me very uncomfortable to
have that access to Linder.
Parsons: Madam Mayor, Members of the Council, Councilman Zaremba, at this point
what's before you this evening is full access, but ACHD has in their conditions of
approval stated that at some future point that would be restricted to a right-in, right-out
Meridian City Council
November 7, 2012
Page 1 B of 52
once Linder Road gets a median or something -- the trips get up there and we started
having those -- that volume you anticipate they will restrict that at some point in the
future. The applicant -- I think that's the outstanding issue that's before you this
evening. If they keep the existing homes they could facilitate -- bring the street through
and still have a shared driveway here. It just comes down to the economics for them
and losing buildable lots. I think that's the factor as far -- we looked at it as our
ordinance doesn't support it. ACHD apparently they do support it. The one thing that is
beneficial is that these homes will have access to a common drive, so they won't be
backing out onto an arterial, they will be able to turn around in that driveway and pull out
forward. That was probably our biggest concern out of the whole thing is how are you
going to get safe movement of traffic out of that for those three homes and certainly
having that driveway there and having them back out and do a three point turn and get
back onto an arterial street is much better than backing out onto a street, which we
would have never supported in the first place and I don't think ACHD would either.
De Weerd: Thank you, Bill
Zaremba: Thank you.
De Weerd: Anything further, Councilmen? Okay.
Hoaglun: Madam Mayor, just --
De Weerd: Mr. Hoaglun.
Hoaglun: Bill, it looked like -- if we require access coming from the west, that would
impact three lots -- two lots, instead of the -- they would have to take the one off of the
Landen Creek proposed street name to come through and, then, would also impact --
do something a little different there. It looks like. Am I seeing that correctly?
Parsons: Madam Mayor, Members of the Council, Councilman Hoaglun, they would
probably more than likely lose one lot, which would be the center lot here.
Hoaglun: Thank you.
De Weerd: Okay. Council, any further questions at this point? I will await your
direction.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Did you open the PP part, too?
De Weerd: Yes. I did.
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November 7, 2012
Page 19 of 52
Bird: I thought you did.
De Weerd: Uh-huh.
Bird: Madam Mayor, I move that we close the public hearings on AZ 12-009 and PP
12-008.
Rountree: Second.
De Weerd: I have a motion and a second to close the public hearing on Items 7-D and
E. All those in favor say aye. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we approve AZ 12-009 and to incorporate all staff and applicant remarks.
Rountree: Second.
De Weerd: I have a motion and a second. Just a point of clarification to approve the
name change, as well as the access?
Bird: Yes. That was part of --that was part of the staff report.
De Weerd: Okay.
Zaremba: Madam Mayor? And the 18 months to hook up --
Bird: That was part of the staff report.
Zaremba: Okay.
Bird: Which the applicant agreed to.
De Weerd: Okay. Any further discussion? Madam Clerk, will you call roll.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
De Weerd: Before I open the public hearing on 7-F --
Meridian City Council
November 7, 2012
Page 20 of 52
Bird: Wait a minute. We have got a -- Madam Mayor?
De Weerd: Oh. I'm sorry. You're right.
Bird: I move that we approve PP 12-008 and include all staff and applicant comments.
Rountree: Second.
De Weerd: I have a motion and a second to approve Item 7-E. Madam Clerk.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
F. Public Hearing: PP 12-011 Hacienda East by Jayo
Development Located at East Side of N. Meridian Road and
South of Chinden Boulevard Request: Preliminary Plat
Approval of 17 Residential Lots on 2.14 Acres. in an Existing R-
8Zone
De Weerd: See, now you didn't ask for clarification on what you were voting on,
because I said it was approval of 7D and E. Just seeing if you were paying attention. I
would like to welcome our Cub Scout troop -- or Boy Scout troop. Sorry. Never want to
be called a Cub Scout when you're a Boy Scout, uh? Sorry about that. But welcome to
the Meridian City Council meeting. It's always nice to see youthful faces in our crowd.
Not to say the rest of your faces aren't youthful, but thank you for being here. Okay.
Item 7-F is a public hearing on PP 12-011. I will open this public hearing with staff
comments.
Parsons: Thank you, Madam Mayor, Members of the Council. The next item on the
agenda is Hacienda East. This property is situated on the east side of North Meridian
Road south of East Chinden Boulevard. The subject property is approximately 2.14
acres in size and is currently zoned R-8. There are county properties and single family
zoned properties surrounding the project. If you recall in 2004 this property came
before you as Hacienda Subdivision. As part of that approval there was a planned unit
development that allowed for a mix of patio homes and townhome lots. A majority of
those townhome lots were along this -- along the south and the east boundary. The
applicant is before you this evening requesting the convert those 27 townhome lots or
29 townhome lots and three common lots into additional 5,000 square foot single family
patio home lots. Here is the subdivision that they are proposing. Because of the utility
extensions that have happened that have been extended because of the townhome
lots, the applicant will be responsible to remove some of the utilities back to the main in
the street. I would point out to Council that none of the open space -- the open space
Meridian City Council
November 7, 2012
Page 21 of 52
still complies with the ten percent minimum as required per the planned development
back in 2004. The street network is all in place. There are no modifications to that this
evening as well. Again, this is just basically a conversion of the townhome lots to single
family patio home lots. Amenities that were -- with that subdivision will remain intact
and these folks will have rights to those amenities as well. They include some passive
open space lots, internal pathways, and, then, existing street network. I'd also mention
that three common lots are being removed. These are not micro path lots, they provide
no connectivity to the adjacent subdivisions, it's merely to get a little bit more building lot
frontage to meet the R-8 standards -- dimensional standards as I mentioned to you.
The other reasoning for the open space lots was basically to get some separation
between the townhome units, so you didn't have a continuous look of buildings along
the street frontage. I would mention to you that there are eight townhomes that are
constructed in this development. If this is approved this will be primarily patio homes
with two townhome units in there. So, it will be a little bit out of place for those
townhome units, but Planning and Zoning Commission did recommend approval at the
October 4th meeting. We did have the applicant testifying in favor of the application.
There were no changes -- or recommended changes from the Planning and Zoning
Commission. To my knowledge there aren't any outstanding issues before you this
evening and at this time I'd stand for any questions you have.
De Weerd: Thank you, Bill. Council, any questions?
Bird: I have none.
De Weerd: Okay. Would the applicant like to provide comment? Good evening.
Breckon: Good evening.
De Weerd: If you will, please, state your name and address for the record.
Breckon: John Breckon. Breckon Land Design. 181 East 50th, Garden City.
De Weerd: Thank you.
Breckon: I think Bill did a great job explaining that. I don't really have anymore to add
to his explanation, so I'd stand for questions.
De Weerd: Thank you, John. Council, any questions?
Bird: I have none.
De Weerd: Thank you. See, you did such a great job none of us have anything. This is
a public hearing. Is there anyone who would like to provide testimony on this item?
Hoaglun: Madam Mayor?
Meridian City Council
November 7, 2012
Page 22 of 52
De Weerd: Mr. Hoaglun.
Hoaglun: I move that we close the public hearing on PP 12- 011.
Zaremba: Second.
De Weerd: I have a motion and a second to close the public hearing on this item. All
these in favor say aye. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Hoaglun: I move approval of PP 12-011 and to include all staff and applicant
comments.
Rountree: Second.
De Weerd: I have a motion and a second to approve Item. 7-F, Any discussion on this
item? Seeing none, Madam Clerk.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea..
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
G. Public Hearing: AZ 12-010 SGI by G4 Acquisitions, LLC
Located 2420 N. Eagle Road Request: Annexation and Zoning
of 1.45 Acres of Land with a C-G Zoning District
H. Public Hearing: CUP 12-008 SGI by G4 Acquisitions, LLC
Located at 2420 N. Eagle Road Request: Conditional Use
Permit for aDrive-Thru Establishment in a C-G Zoning District
Within 300 Feet of an Existing Residence and Residential
District
De Weerd: Item 7-G and H are public hearings on AZ 12-010 and CUP 12-008. I will
open these two public hearings with staff comments.
Watters: Thank you, Madam Mayor, Members of the Council. The next applications
before you are a request for annexation and zoning and a conditional use permit. This
site consists of 1.45 acres of land. It's zoned RUT in Ada County and it's located at
2420 North Eagle Road on the northeast corner of Eagle and River Valley Street. The
Meridian City Council
November 7, 2072
Page 23 of 52
applicant requests annexation and zoning approval of 1.45 acres of land with a C-G
zoning district, consistent with the mixed used regional Comprehensive Plan future land
use map designation for this property. A conditional use permit is requested for adrive-
thru establishment in a C-G zoning district within 300 feet of a residential use and
district. The property to the east is zoned R-40 and an apartment complex, Regency at
River Valley is currently under construction on this site. Since the commission meeting
the site plans have been revised to address concerns related to stacking, obstruction of
the parking area and the north-south drive aisle. Two options for development have
been submitted and my slides are messed up. Excuse me just a moment. I'm going to
steal the applicant's slides. The first option, option A, is fora 10,150 square foot multi-
tenant retail building. This is the landscape plan for option A. The second option,
option B, is for one 5,040 square foot retail building and a 2,879 square foot restaurant
with adrive-thru. In option B the site would develop in two phases with a retail building
developing first. Conceptual building elevations for the retail building proposed in option
A and B have been submitted as shown. However, elevations for the drive-thru
restaurant have not been submitted as there is not yet a user. Access to the site is
proposed via River Valley. Direct access to Eagle Road is prohibited. A north-south
driveway is proposed as a backage road along the east boundary of the site for access
to River Valley by the subject property and the properties to the north that are south of
the South Slough. Cross-access is required to be provided to those properties. This is
.the .north-south drive aisle you see here. A 35 foot wide landscape street buffer is
required adjacent to Eagle Road and a 20 foot wide buffer is required along River Valley
as shown on the landscape plan. A 25 foot wide landscape buffer is required along the
east boundary adjacent to the future residential uses currently under construction. The
applicant requests Council approval of a reduction in the buffer width to 15 feet. The
applicant's justification for the reduction is that the adjacent property to the east is
providing a five foot wide buffer, with a six foot tall vinyl fence. Additionally there will be
adrive-thru -- or, excuse me, a drive aisle and parking, rather than a residence adjacent
to that boundary. Further, when River Valley was constructed -- River Valley Street was
constructed as an access point and curb cut was constructed on this site in the location
shown per the intersection setback requirements for Eagle Road, which established the
entry and buffer width. A ten foot wide multi-use pathway is depicted on the site along
Eagle and River Valley in accord with the master pathways plan. Business hours of
operation in a C-G district are limited from 6:00 a.m. to 11:00 p.m., because the
property abuts a residential district and future residential uses. There are specific use
standards listed in the Unified Development Code for drive-thru establishments that
apply to development of this site with option B. Staff has reviewed the revised plans
and found them to comply with these standards. The Commission recommended
approval of the subject annexation and zoning and conditional use permit at the October
4th public hearing with a development agreement. Doug Russell testified in favor of the
application, as did Ben Kneadler. No one testified in opposition or commented. Phil
Hall submitted written testimony in agreement -- well, actually, it wasn't in agreement,
there was several issues, but we have worked those out since the Commission hearing.
Key issues of discussion by the Commission were the configuration of the drive-thru
and traffic circulation within the site and concerns regarding stacking from the drive-thru
into the one-way drive aisle in the parking area and/or the north-south drive aisle along
Meridian City Council
November 7, 2012
Page 24 of 52
the east boundary of the site. All of those issues have been worked out with the revised
plan, so staff is supportive of the proposed plan before you tonight. The Commission
did not make any changes to the staff recommendation. Outstanding issues for the
Council. The Commission directed the applicant to work with staff on a redesign of the
drive-thru to address concerns related to circulation and stacking on the site. This site
and landscape plans included in Exhibit A reflect the revisions made after the
Commission meeting. Second outstanding issue for Council. The applicant requests
Council approval of a reduction in the buffer width required in the C-G zoned property
adjacent to residential properties from the required 25 feet to 15 feet at the east
boundary of the site as previously mentioned. And the last item, staff is recommending
a new provision be added to the development agreement requiring pedestrian lighting
and landscaping consistent with the Eagle Road corridor study to be installed along the
multi-use pathway adjacent to Eagle Road and State Highway 55 in accord with the
standards listed in UDC 11-3H-4C. Written testimony since the Commission hearing
was submitted from Phil Hall in agreement with the staff report. Staff will stand for any
questions the Council may have.
De Weerd: Thank you. Council, any questions?
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: Sonya, both option B and option Ahave -- have been resolved with respect
to the drive-thru; correct?
Watters: That is correct, Councilman Rountree.
Rountree: Okay. Thank you.
De Weerd: Any other questions at this time?
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: Just to kind of review, I think I'm understanding that this is requiring a
cross-access agreement for access to the property to the north, so that that property
does not need to access off of Eagle, but I -- from a previous aerial that you showed
there is another property even north of that, which I believe is the Great Wall restaurant,
which when they were approved were given a temporary access to Eagle, which would
go away when there was some other access, so do all of those properties need to be
part of the cross-access agreement?
Watters: Madam Mayor, Councilman Rountree, Councilmen, yes, all of the properties
south of the South Slough from Great Wall restaurant to the south would do cross-
Meridian Cily Council
November 7, 2012
Page 25 of 52
access and access via River Valley. The temporary access of Great Wall would go
away. There were conditions that it would go away once access was available from
River Valley.
Zaremba: Good. So this is the solution to that problem eventually when the -- when the
properties in between develop as well.
Watters: Yes.
Zaremba: Good. Thank you.
De Weerd: Mr. Hoaglun, did you have something?
Hoaglun: No, I don't.
De Weerd: Okay. At this time I would ask the applicant's representative if he has
comments. He? She? Hi.
Russell: How are you tonight?
De Weerd; Very good.. Thank you joining us. If you will, please, state your name and
address for the record.
Russell: You bet. Madam Mayor; my name is Doug Russell, I'm with The Land Group,
Incorporated. 462 East Shore Drive, Eagle Road.
De Weerd: Thank you.
Russell: 83616 in Eagle. And we are representing the applicant this evening and we
appreciate the process in working with staff. I think we have worked all the issues out
that -- that we had as we were going through the P&Z process and I think, you know,
specifically we were working to address the drive-thru stacking issue, which I think we
have done adequately and the other issue was the buffer issue, which I think that our
solution is sound and I think staff did a good job explaining that, but I think with -- with
the 15 feet that we were providing, along with the five feet and the fence that's provided
by the adjacent property and the fact that, you know, there is a drive aisle immediately
adjacent to us, rather than, you know, us being right up against the housing and we feel
that that buffer works well and, you know, I think more importantly that the access off of
River Valley Street, the location that it was placed to meet that separation from Eagle
Road, you know, we really didn't have a whole lot of choice there, so I think considering
all the circumstances we done our best there and I do believe it works very well and,
then, last, but not least, the staff mentioned the lighting requirements along Eagle Road
and just wanted to say for the record that we are in total agreement with that
requirement. So, we appreciate you hearing this tonight and special thanks to staff,
especially Sonya for working with us to get through this and with that I would stand for
questions.
Meridian City Council
November 7, 2012
Page 26 of 52
De Weerd: Thank you. Council, questions?
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: Again, it looks like a good project and thrilled to see something happening
there. A couple of questions if I may. One of the issues with drive-thrus near residential
is the speaker where you do the ordering and do you have an idea what the actual
distance from that speaker to the nearest -- I guess they're apartments, but the nearest
residential unit to the east -- it looks like that's a pretty good distance. I know the
property line is close enough that we have to deal with it, but give me an estimate on
how far the speaker is from the nearest --
Russell: I mean I'm completely guessing here, but I'm going to -- I'm going to say two to
three hundred feet.
Bird: Easy
Zaremba:. Okay.. That -- sounds to me .like. that would be adequate to satisfy our
requirements not to be disturbing the residences. I might ask that you make sure that
the speaker points north somehow, which is probably what you would do, since that's
where the drive aisle is for it anyhow.
Russell: Yes, sir, I'm sure we --
Zaremba: The other question is for you, as well as probably for staff. In the eventual
future that your roadway is providing the access to two or three other properties,
including Great Wall, is there some provisions that they might be able to put signage on
your property -- how is anybody going to know how to get to Great Wall if this is their
entrance?
Wafters: The applicant can certainly grant an easement for a sign. Good point
Zaremba: Is that a possibility for the two or three other businesses that are -- I'm not
going to make that a requirement, I'm just asking when that does come up.
Russell: Well, honestly, I would need to speak with my client directly about that very
issue. I think that's probably one of the issues that's created by this -- the requirement
for this cross-access and the inability to have -- or maintain that access onto Eagle
Road, but I could get back to you with an answer on that, but I'd just hate to speak for
my client this evening and speak incorrectly, so I can't answer that at this time.
Zaremba: I take that as you're not giving me a no, so -
Meridian City Council
November 7, 2012
Page 27 of 52
Russell: It's definitely not a no, it's definitely not a yes, because, honestly, I don't know
the answer at this time.
Zaremba: I'm thinking that I need to be comfortable with your saying you will consider it.
Okay.
De Weerd: Any other questions from Council?
Bird: I have none.
Rountree: I have none.
Zaremba: And I guess on that my question to staff is is that even legal? We -- our
ordinance doesn't allow off-site signs.
Wafters: I'm not sure, Councilman Zaremba. I'm looking at the code as we speak.
Zaremba: Okay.
Watters: We could certainly work with the applicant, though, to do whatever we can
to --
Zaremba: Solve that.
Watters: -- make that more access friendly for sure.
Zaremba: Thank you.
Russell: Thank you.
De Weerd: Thank you.
Russell: Thank you very much.
De Weerd: This is a public hearing on Item 7-G and H. Is there anyone who would like
to provide testimony on this item? Council, do you need further information from either
the applicant or staff?
Bird: I don't.
De Weerd: Then I would entertain a motion to close.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Meridian City Council
November 7, 2012
Page 28 of 52
Rountree: I move that we close Item 7-G and 7-H.
Bird: Second.
Zaremba: Second.
De Weerd: I have a motion and a second to close the public hearings on Item 7-G and
H. All those in favor say aye. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I move that we approve Item 7-G, AZ 12-010 subject to staffs comments,
applicant's comments, allowing for the reduction in the east boundary of the landscape
width to 15 feet in recognition of the added requirement for pedestrian lighting along
Eagle Road.
Bird: Second.
De Weerd: I have a motion and a second to approve Item 7-G with the conditions as
stated. Any discussion on this Item? Madam Clerk, will you call roll?
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. call
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Rountree: Madam Mayor?
De Weerd: Rountree.
Rountree: I move that we approve Item 7-H, CUP 12-008, subject to hearing comments
and staff comments and report.
Bird: Second.
De Weerd: I have a motion and a second to approve Item 7-H. If there is no discussion
from Council, roll call, please.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carried.
Meridian City Council
November 7, 2012
Page 29 of 52
MOTION CARRIED: ALL AYES.
De Weerd: I'm going to take a moment of privilege here. I see in our audience one of
our business owners from the community, Mr. Thompson, and I will ask you to join me
up front if you have -- if you would. You know, this is -- this is impromptu and it's
certainly a rare moment that we have an opportunity to recognize an important business
in our community and have the CEO of that community here. In the City of Meridian we
ask our staff to step up and raise our customer service to the next level, so we brought
a number of our top performers in customer service together and asked them how they
could develop a program that would challenge their fellow employees to step up and
provide above and beyond. They came up with a program and we intend it to be more
than a program, but it's Called the Meridian Way. I would like to say that not only is this
a program within our city for our employees, but it extends out into the community and I
will tell you that Scentsy has raised that level of customer service, customer care, that
sense of community giving more than any company I think in the state of Idaho and
certainly it would rival that in the nation. I saw it as a great opportunity to present a
challenge coin that was developed around our commitment to customer service and I
would like to offer it to you.
Thompson:. Thank you
De Weerd: This has on here our -- our company or our city values of customer service,
accountability, respect and excellence, which spells CARE, which is also one of our
values. But it does say providing care to our community in a timely, friendly,
professional and solution-oriented manner and it's certainly my privilege to offer this to
you, Orville, as a token -- a small token of our appreciation from the community to not
only see a success story of someone that started their company and grew it here, but a
continued commitment most recently exampled in your large and generous donation to
the American Heart Association. So, thank you so much for being here.
Thompson: Thank you. I'd like to thank you, Madam Mayor and the Council, for all their
help and support that you have given us and we are proud to be in Meridian and we
hope they enjoy the landscaping along Eagle Road.
Bird: We do. Thank you
De Weerd: Like I said, I don't have an opportunity to take that -- that privilege option
very often and certainly I didn't want to miss that opportunity. So, thank you again. And
not only are you being a role model as well to these young men and the scouting
program is just a phenomenal program, certainly a very big program in our community.
I. Public Hearing: PP 12-009 Zebulon Village Subdivision by The
Traditions by Amyx II, LLP Located Approximately 114 Mile
West of N. Eagle Road and South of E. McMillan Road
Request: Preliminary Plat Approval Consisting of 40 Building
Meridian City Council
November 7, 2012
Page 30 of 52
Lots and 7 Common /Other Lots on 14.94 Acres of Land in the
R-4 Zoning District
De Weerd: Item 7-I is a public hearing on PP 12-009. I will open this public hearing
with staff comments.
Watters: Thank you, Madam Mayor, Members of the Council. The next application is a
preliminary plat. This property consists of 14.94 acres of land. It's zoned R-4 and is
located south of East McMillan Road and west of North Eagle Road. A little history.
This site was annexed in 2005 and included a preliminary plat and planned
development for Zebulon Heights Subdivision. The proposed plat is a resubdivision of a
portion of that plat. The proposed plat consists of 40 building lots and seven common
other lots on 14.94 acres in an R-4 zoning district. The proposed density is 2.68
dwelling units per acre. It consists of reduced density approved with the planned
development. All proposed lots meet the dimensional standards of the R-4 district.
Access to the portion of the plat that is south of the Settlers Canal is proposed internally
by previous phases of South -- or, excuse me, Zebulon Heights Subdivision. The area
north of the canal will be accessed by an existing stub street in Madison Park
Subdivision at the northeast boundary of the site. A pedestrian bridge is proposed over
the Settlers Canal, which runs right through here, for access from the northern portion of
the site to the amenities in Zebulon_ Heights. to the south. Open space 11.8 percent of
the site and site amenities consisting of an extra five percent of open space and
parkways are proposed within the site in accord with UDC standards. The Commission
recommended approval of the subject preliminary plat at their public hearing on October
4th. Becky McKay testified in favor of the application. No one testified in opposition or
commented. Written testimony was submitted by Becky McKay. There were -- there
was one change to the staff recommendation that the Commission recommended with
striking condition number 1.1.3D that requires landscaping along all pathways. There
are water and sewer lines running through Lot 9, Block 2, where the only pathway on
the site is located and trees aren't allowed within the water and sewer easements.
Becky McKay did submit written testimony to the city since the Commission meeting
and I will outline her concerns with the staff report. The first outstanding issue for
Council is the applicant requests condition number 1.1.3A requiring four foot tall bollard
lighting along the pathway through internal common area on Lot 9, Block 2, be
removed. Per UDC 11-3A-8H bollard lighting is required unless otherwise waived by
the director. If the applicant submits a photometric report showing the boundaries of the
lighting from the street lights within the common area, the director may waive the
requirement for bollard lighting. The second outstanding issue in regard to condition
number 1.13C, which requires class two trees to be planted within parkways or
parkways to be widened to ten feet for class one trees, the applicant requests approval
to allow Chanticleer Pear trees, which are classified as a class one tree, to be planted
within the eight foot wide parkway along streets consistent with previous phases of
Zebulon. Staff recommends approval of the applicant's request as this particular variety
is comparable to a class two tree as verified by Jay Gibbons, landscape architect with
the city. The third item, staff recommends instead of striking condition number 1.1.3D
as the Commission recommended, that the applicant relocate the required trees
Meridian City Council
November 7, 2012
Page 31 of 52
elsewhere within the site outside of any easements. Other landscaping is still required
in the common lot adjacent to the pathway. And the last outstanding item, the requests
a waiver to UDC 11-3A-6, which requires piping of the Settlers Canal, to allow the canal
to remain open due to its large capacity. The applicant states that it would require a 72
inch pipe if that were to be covered and that is referring to conditions 1.2.4 and 2.66.
Staff will stand for any questions Council may have.
De Weerd: Thank you. Council, any questions at this point?
Rountree: I have none for staff.
Watters: Let me add -- the applicant did submit these elevations for homes that would
be constructed and they are consistent with previous phases of Zebulon.
De Weerd: Thank you. I appreciate you pointing that out. Would the applicant like to
provide comment? Hi, Becky. If you will, please, state your name and address for the
record.
Bird: Becky McKay, Engineering Solutions. Business address 1029 North Rosario,
Meridian.
De Weerd: Thank you.
McKay: I'm here representing the Amyx family on Zebulon Village Subdivision. As
Sonya indicated, this project was initially approved back in 2005 and with the original
approval we had intended on having two vehicular crossings across the Settlers Canal,
one located here as it goes out to McMillan Road and a second one that came across in
this location just to serve this small area that you see here. We ran into a few problems,
obviously as the recession took hold. The cost to put a box culvert across the Settlers
Canal just to serve the few lots that we had there did not make any economic sense.
based on the elevation of the property, the streets, it was also going to be difficult, we
would have to drop back down into the property and we had already spent -- I think we
spent 140,000 dollars on that box culvert and it's a pretty complicated structure because
of the elevation of the parcel on the north and south side and of the elevation of the
waterway. What we are bringing forth tonight is -- we reduced the number of lots in this
area from 16 to 14. We are proposing that we cul-de-sac the street, because we have a
stub street that links into Madison Park, which I did back in the mid '90s and in that
particular street network that gives them access back out to McMillan. It also provides
access out to Eagle Road. We are going to do a pedestrian bridge across the Settlers
Canal to provide interconnectivity as far as pedestrians are concerned and, Sonya, if
you could go back to the vicinity map. Also one thing that has changed is our client has
purchased this property right here, called Milford Creek that you guys approved years
ago. This preliminary plat has since expired, but it is within the city limits, so Mr. Amyx
has purchased that particular property. It -- a stub street on the south side of Madison
Park comes down into Milford Creek No. 1. Milford Creek stubs to this property, which,
in turn, will link this parcel and the parcel on the east side of the slough to Wainwright
Meridian City Council
November 7, 2012
Page 32 of 52
Drive, because we made -- we are going to make a connection there. Wainwright Drive,
according to ITD, I got the news this morning, they are going to install a signal. They
have found the money and we worked with them to get the sleeves in Eagle Road and
we put sleeves in at Wainwright, so that we will be able to accommodate a signal and
they have found some money to install that, so the residents out there will be very
pleased. Our density is really not changing. Our lot sizes are still very large. Our
smallest lot is 8,136 square feet and our average lot size is about 11,888. So, we are
basically here just to eliminate that vehicular crossing. We just don't think this -- it
makes any sense and it's just not cost effective to take it across there anymore. I can
answer any questions.
De Weerd: Council, any questions?
Bird: I have none.
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Hoaglun: Becky, I'm just curious. Are these still part -- they are still part of that
subdivision, the same homeowners association, nothing else changes, it's just -- it's just
their access point.
McKay: That's correct. Yeah. The clubhouse and pool facility has been constructed on
our open space lot. They are -- will have access to all the amenities, the multi-use
pathway, the pool, they are a part of the Alpine Point is what they market it as. Yes, sir.
Hoaglun: Okay. Thank you.
De Weerd: Any other questions from Council?
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: Becky, the canal itself, are you able to incorporate that into your
development as an amenity, as opposed to an attractive nuisance?
McKay: Madam Mayor, Councilman Rountree, we initially had our multi-use pathways
located along the north side of the canal and, then, Settlers was going to have their
maintenance road on the south. We could not get an easement from the church on
Ustick Road for a portion of that pathway that we had to have to link it back to our
collector out to McMillan. They said they would consider it if we hooked them into our
pressurized irrigation system. Settlers Canal said they wouldn't allow that, because
they do not have adequate water rights and so we had to, obviously, decline and, then,
they said, well, then, no easement. So, we did work with the parks department, we do
Meridian City Council
November 7, 2012
Page 33 of 52
have the multi-use pathway, it goes up through our project all the way from the south
boundary up and to the west boundary of Settlers Bridge Subdivision. But as far as the
Settlers Canal, I can't put the multi-use pathway there. Now, what we have done is we
did go in and improve the canal that abutted us with Settlers approval, obviously, to
even it out, make their access easier and make it look better. There is not much -- you
know, they don't see the importance of beautification of their canal.
Rountree: Thank you for trying
McKay: We try.
De Weerd: Any other questions for the applicant?
Hoaglun: And Madam Mayor?
De Weerd: Mr. Hoaglun.
Hoaglun: To follow up on that, Becky. Is that going to be fenced? Are you going to
have decorative fencing? So how -- as Councilman Rountree said, to keep it from a
nuisance is that -- what are your plans there?
McKay: Madam Mayor, Councilman Hoaglun, we put wrought iron fencing in along for
ditch safety. Yes. All along the canal. And, then, we did install -- I think we have some
vinyl around the ACHD ponds, because that was at their request, because they don't
want to be on their ponds either. It looks a lot better, though. Out of sight, so, you
know, as far as esthetically along that McMillan Corridor it has made a difference to
landscape it and kind of, you know, block those ponds from the view corridor.
Hoaglun: It does. A few constituents refer to them as bomb craters, so -- yeah. Thank
you.
McKay: Yes.
De Weerd: Anything further from Council?
Bird: I have none.
De Weerd: Okay. Thank you, Becky. This is a public hearing. Is there anyone who
would like to provide testimony on this item? Okay. Thank you for joining us. Council,
seeing no further testimony, is there anything further from -- that is needed for a
decision? If not I would entertain a motion to close.
Rountree: Madam Mayor, I have a question on one of the comments on outstanding
issues with respect to the lighted bollards. Has that been resolved? Did we get a
photometric study to indicate that there is sufficient lighting to not require those?
Meridian City Council
November 7, 2012
Page 34 of 52
Wafters: Madam Mayor, Councilman Rountree, the applicant feels that there is
sufficient lighting from the streetlights on each end. The director is allowed to waive that
provision if it's deemed that there is adequate lighting provided. So, no, we have not
gotten a photometric report, this is just a comment from the applicant that they asked for
that to be stricken. We can handle that down the road at staff level.
Rountree: All right. Thank you.
Hoaglun: Madam Mayor, question for staff. Also on the tree issue where we are
allowing the -- recommending the pear trees to go along the pathways, but, then, it
would be to relocate the required trees elsewhere within the site, the class one trees is
what we are referring to, that would be -- if they go with the pear trees, which is class
two, but they are equivalent to class one --
Wafters: Madam Mayor, Councilman Hoaglun, that's actually two different things.
Hoaglun: Okay.
Wafters: The trees for the easement were located right here and those -- staff is just
recommending that those be located elsewhere on the site. The requirement for the
class one tree regarding the pear tree is along the parkways adjacent to the streets.
Hoaglun: Okay. I'm glad I asked that.
Watters: Yeah.
Hoaglun: Got a little confused on that.
Watters: Yeah.
Hoaglun: But there is no partridges; right?
Watters: Yeah. Yeah.
Hoaglun: Okay. Thank you.
Watters: We are good on that.
Hoaglun: All right.
De Weerd: Anything further from Council?
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Meridian City Council
November 7, 2012
Page 35 of 52
Rountree: I move we close the public hearing on Item 7-I
Hoaglun: Second.
De Weerd: I have a motion and a second to close the public hearing on PP 12-009. All
those in favor say aye. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Rountree: Madam Mayor, I move that we approve Item 7-I, subject to staff comments
and acceptance of said comments from the applicant.
Hoaglun: Second.
De Weerd: I have a motion and a second to approve Item 7-I. Any discussion from
Council? Madam Clerk, roll call.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Item 8: Department Reports
A. Community Development: Proposed Ordinance Creating
Additional Temporary Sign Allowance for Permanent
Proprietors within the Ada County Highway District's Meridian
Split Corridor Phase 2 Roadway Project Area
De Weerd: Item 8-A is under our Community Development Department. I will turn this
over to Caleb.
Hood: Good evening, Madam Mayor, Members of the Council. I'm here to discuss with
you some special sign allowances -- some temporary sign allowances for the Meridian
split corridor phase two project. At the end of the town hall meeting that was held here
at City Hall about two weeks ago right before the project started I was approached by a
couple of business owners that were interested in -- in having some allowances for
some additional signs for their business during the construction of the split corridor
project. I told them I would look into it with some other staff that are a little more
knowledgeable on our sign ordinances to see what maybe we could accommodate. I
know this is something that the Council has discussed previously. I can recall at least
one time during a joint meeting with ACHD that's coming up and you seemed open to
the idea of allowing some signs during the -- the construction of the project. So, staff
has met a couple times over the past couple weeks and we do have a draft ordinance
on the agenda, it's the next item on your agenda tonight. We did that for the sake of
Meridian City Council
November 7, 2012
Page 36 of 52
time. You all know at this point that the project is underway, so the businesses would
like to have these sooner than later, so if you do agree with staffs recommendation -- I
will get into that in just a second -- we would ask you to -- to approve that ordinance this
evening. If there are substantial changes, though, we would ask that that be taken off
and we will put it on next week's agenda for approval. So, on to what we think is
appropriate in -- for this project. We have drawn an area -- although on this map it's a
little hard. Blue Heron Lane is to the north. There are some businesses along Meridian
Road, a couple of optometrists, a church, maybe there is another professional office up
there. And, then, to the south would be Franklin Road and, then, 3rd to 3rd are the
boundaries for businesses that we believe are -- will be impacted and should be eligible
for this temporary signage. The signs would need to be placed in this -- the area shown
in red on the map and the businesses eligible again need to be within the area
designated on the map. I would just like to note that there are other sign allowances in
our code that the businesses would be eligible for. This isn't the only quote, unquote,
temporary sign that the businesses would be allowed. We do have limited duration
signs that they would also be eligible for. If they did a promotional sales event you get
some sign allowances with that. Special events you also get sign allowances with that,
as well as just our regular business identification sign. There is a whole bunch of free
standing and banners and all kinds of other signs that you could be eligible for just
through our regular codes. So, with all that in mind, our recommendation is that each
business within this area be allowed one sign not greater than. eight square feet and,
again, placed within -- within the area designated on the map. We played with a bunch
of different options. The only businesses on Meridian Road -- the businesses on
Meridian Road and Main Street, do they have to have addresses on Meridian Road -- at
the end of the day we just thought this was easier to just say, you know, this is ground
zero and any business in here could be affected by the project, so we opened it up and
that's where our recommendation is this evening. The process to acquire this -- you
would will need to -- a business would need to require -- or obtain a permit through the
City Clerk's department. They are allowed off-site with written permission from the
property owner. There is no cost. They would need to be removed by Sunday, October
6th. That is the Monday -- it's Sunday, but it's the weekend -- throughout the weekend
where the contractor at this point estimates the project being complete. We can amend
this if the project delays and extend that out if need be, but this is based on best current
information that they should be taken down basically when the project is over. So, I
think with that -- obviously the signs would need to be provided by the businesses. We
didn't get into anymore details of what they need to look like, what they can say, what
they can't, where they can go, with the exception of business owner approval and that
would include ACHD. If it goes on ACHD's right of way they would need to obtain
ACHD's approval. But the other thing I didn't mention is the ordinance would be in Title
3 in our temporary use section of city code, rather than the UDC, so we can -- again, it's
a little bit easier to administer in Title 3. So, I think with that that's -- that's my
presentation, I drew the short straw. Mr. Nary was on that group, so if I miss something
he can probably help answer some questions or if I missed anything, Bill, please, jump
in to present anything. With that I will stand for any questions.
Bird: Madam Mayor?
Meridian City Council
November 7, 2012
Page 37 of 52
De Weerd: Well, we probably thought you would do it in a shorter time frame, so --
Bird: Well, I don't know about that.
De Weerd: Mr. Bird
Bird: I don't know about that. Our attorney is pretty quick. Where did we come up with
the eight square foot? I mean that's a small sign for these people that are -- I mean
they are getting hammered and, holy cow, that looks like one of these campaign signs
that we put out. It's -- I mean at least a 16 square foot where you could have afour-by-
foursign. I mean you got to be able to -- to tell people what your business is and where
it's located, you know. I -- I don't like the eight square feet.
Hood: Madam Mayor, I can come up -- answer the question anyways. Eight square
feet we looked at existing code. We actually looked at the window panes in the room
where we were talking about saying, you know -- and our concern was -- and I didn't
touch on this, it's on the slide. But there are 245 businesses that would be eligible. I
don't think they are all going to apply, but if they all applied and they all had afour-by-
foursign, no one would be able to see any signs. So, that was our concern. Eight may
be a little small.. Four by four in my personal. opinion I think is a little large, but -- .but
that's kind of our train of thought was if we get too many of these out there that's a
pretty big sign, they start to block each other's signs and, then, you can't even see any
signs. So, that's just our train of thought, but --
Bird: Follow up, Mayor.
De Weerd: Yes, Mr. bird
Bird: Yeah. You say there is 245 and probably all of them don't need to put up
temporary signs or won't put up temporary signs, but, you know, that's their -- that's their
prerogative and every one of them of those 245 is being affected by that road. So, I
don't care if there is a thousand of them there, we -- they need to have a sign that they
can get the message out on it. Eight square foot don't cut the mustard in my opinion.
Nary: Madam Mayor?
De Weerd: Mr. Nary.
Nary: Madam Mayor, Members of the Council, eight square feet is about the size of a
sandwich board sign and that was -- that is the size of a sandwich board sign. So,
those are the comments we looked at. Campaign signs are six square feet. The
sandwich board signs are eight square feet. So, trying to look at the number -- and,
again, this isn't the only sign. That this is in addition to the other signs that are allowed
that can be larger and even more numerous and be in more locations, it was just an
additional allowance for it. Certainly if you would like the signs to be larger in size, that's
Meridian City Council
November 7, 2012
Page 38 of 52
fine. We were trying to balance the volume and the size at the same time, but eight
square feet, the reason we settled no that, that's the approximate size of what a
sandwich board sign looks like.
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Hoaglun: Yeah. I was thinking -- I was trying to visualize the barber -- Fred's
Barbershop, you know, what does that look like. If you say Fred's Barbershop --
Barbershop Iguess is one word and, then, have an arrow. And I was thinking like a
three by four. But if -- as Mr. Nary mentioned -- and I think you did, too, Caleb, could
you run through again -- we aren't talking that's the only sign that Fred can have. You
know, he's got his sign out in front of the shop, which does him no good, because the
road is closed. I know we have the ACHD signs that point access coming up Pine,
Fred's is this way, coming off another street Fred's is that way. What other options are
there for them again? Can you run through those?
Hood: And, again, you know, some of these -- you, obviously, need to work with the
underlying property owner for businesses that are on Meridian Road. It doesn't do
anything good to put them on your property during the project, but there are limited
duration signs, which can be off site. Promotional sales events -- I think those are only
good for 160 days, so you would need -- it wouldn't last you throughout the whole
project. Special events, which I think allow up to 200 signs. Business identification
sign, which is like Fred's existing sign. They are typically more durable, free standing
signs, but under business identification sign you can have banners, canopy signs,
hanging signs, and other portable signs. So, there are options. Again, a lot of them --
some of those -- well, all those can be off site. Some of the business signs -- if you
were to put it on a vacant lot you're okay. A lot of times you can't have multiple
businesses advertised on the site, so if you want to put something in front of Flat Bread
or something, there are some conflicts there, so I'm not saying that every business
would be eligible for every one of those ones listed, but those are options that are all
available.
Hoaglun: Okay. Thank you. That helps.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I agree with Councilman Bird in terms of the signage size. Particularly for
those who have their access -- not eliminated, there has been some temporary access
provided, but those that are off the main street, particularly Meridian Road and the
southern part of the split corridor. I don't see anything larger than the sandwich board --
anybody would want anywhere else in town. I don't see why you would want to do
something on Main Street. If somebody on Meridian Road could convince somebody
Meridian City Council
November 7, 2012
Page 39 of 52
on Main Street to put their sign up, that might happen, but I don't know how many of
those deals they are going to get cut and to me it's almost self-policing that -- I mean I
don't see anybody on Main Street putting afour-by-eight sign next to their sign telling
them to go to Fred's. So, it seems to me it it's possible for those businesses,
particularly on Meridian Road, to get a sign located off their premise or even on their
premise, that can help direct people to them on the size that's say 16 square feet. Four
by four. I'm okay with that. I can appreciate the fact that there is 245 businesses in the
boundaries you have established, but in the size I don't see many of those, other than
those folks that have had their direct access compromised with this project wanting to
do that. So, I think -- I know when we talked about it originally we said we want to do
what we can do to encourage people to find those businesses.
Bird: That's right.
Rountree: I don't think -- my intent when I made those comments was that it was for the
entire Old Town part of Meridian from 3rd to 3rd. Though I can see some need for that,
given -- well, increased traffic will be an issue for people on Main Street. Now, there --
Lenders will like that, because the traffic volume will increase, but there are issues with
lots of traffic. So, I would say if you could maybe put a finer point on the language and
say those businesses with direct access removed by the project are allowed an off-
premise or on-premise sign of no more than 16 square feet and any other business
within this area you have established would be allowed afree-standing -- as an
example, sandwich board sign of no more than -- in this case eight square feet. That
would be -- that's my suggestion at this point.
Nary: Madam Mayor?
De Weerd: Mr. Nary.
Nary: Madam Mayor, Members of the Council, one of the things we considered -- and
just so you know, the -- and you probably all recall this -- the north part of Fairview,
Cherry Lane, will also be widened and that area will be very difficult to maneuver
through. So, our concern from our committee was you may get people just simply
wanting to avoid the downtown area completely. That was the reason why Main Street
was included, is because we -- we are concerned that three months from now the Main
Street merchants would be telling you the same thing. So, it's certainly fine, we can
certainly divide the ordinance between access to Meridian -- like I said, our struggle was
you have got -- you have got businesses that access Meridian that don't have
addresses on Meridian. We have businesses that are on the side streets that are
impacted by the inability to traverse between Meridian and Main Street. So, that's why
we created the whole area. We can certainly split the difference between the sizes for
the businesses, but, like I said, we were concerned we just didn't know whether or not
with a north construction, the north curb getting closed and that, that type of
construction that people are simply going to drive around the complete downtown area.
So, that was the reason. But we can certainly split the difference if that's your -- if that's
your direction we can certain create that in the ordinance. It's not a --
Meridian City Council
November 7, 2012
Page 40 of 52
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I would agree that my original thought was to do something special for the
Meridian Road businesses specific. I have no problem with what has just been
suggested that -- that a larger area is included for the eight foot signs, but, again,
anybody that is normally accessed off of Meridian Road, there is another layer there
where we allow them a 16 foot sign and leven -- I will throw this out for discussion -- I
would like to offer that the Meridian Road businesses in particular we offer to do this
waiving the fee for the permit.
Rountree: That's all part of it.
Zaremba: All right. That's already in there. Sorry.
De Weerd: I would also say there are side roads that have been impacted because you
can't drive through as well. So, it's -- it does go further as both Bill and Caleb have
stated. Anything further? Any questions?
Hoaglun: Just a comment, Madam Mayor. I like Councilman Rountree's
recommendation. I know that would probably delay things a bit, but I think it's worth
pursuing. My two cents.
Bird: Sixteen and eight?
Hoaglun: Sixteen and eight. Yeah
Bird: I have no problem with it.
Hood: Just for clarification -- excuse me. You mentioned businesses that their normal
access has been impacted would be eligible, so, basically, we are talking about projects
north of the railroad tracks. I just want to clarify that and let you know that the two
businesses that approached me and we have still some allowance for this to allow eight
square feet, but the two businesses that approached me during that town hall were
NAPA and Bruneel, who would be allowed the smaller sign, but not the larger one, they
are on Meridian Road, which most of their traffic comes down Meridian Road, but their
access isn't directly impacted, they still have driveways, so I just -- I'm not trying to
throw a wrench in this last minute, just letting you know that's who I talked to. They may
or may not be okay with eight square feet, I don't know, but that's -- were the concerns
that I heard from was businesses south of the tracks even, so --
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Meridian City Council
November 7, 2012
Page 41 of 52
Hoaglun: One of the things, you know, that the -- the media that goes out on this, is we
talk about Meridian Road being closed and, you know, Mr. Palmer has a business on
the corner of Meridian and Cherry and he has some access, but the perception out
there is that Meridian Road is closed. So, I -- my -- my thinking is anybody in that
Meridian Road corridor would -- from Franklin to -- I can't read the -- north of Cherry
Lane, way up there, in that Meridian Road Corridor, could utilize the four-by-four. That's
how I see it, just because of the perception that's out there that, you know, Meridian
Road, it's closed for business. Anybody who is on Meridian Road you have to get there
in a different way. When, yeah, you know, NAPA Auto Parts there, you don't have to. I
was just there this weekend, so --but that's the perception that's out there, so --
De Weerd: I think you just emphasized why they have drawn the red rectangles that
they did.
Hoaglun: Madam Mayor, they certainly looked at this very well and -- yeah, it's
complicated. It's a bigger issue than just one street. It impacts a lot of different areas.
De Weerd: Mr. Nary?
Nary: Madam Mayor, thank. you. So, just for the. ordinance sake,. not to get all lawyery,
Council. Any property that has frontage along Meridian Road -- because we had a
concern -- like the bank -- the Bank of the Cascades are -- doesn't have frontage -- I
mean they have frontage, but they don't have access from Meridian Road, but,
obviously, they are impacted as well. So, as long as they have frontage along Meridian
Road they would be eligible for the larger sign. If they had frontage in this designated
area or they have a business in the designated area, they could have the eight square
foot sign. So -- okay. We can craft that in an ordinance.
Bird: I will go along with that
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I would say frontage or sidage, if that includes the bank.
Hoaglun: Is that a sideways comment?
Zaremba: Uh-huh. As usual.
De Weerd: Usually. Is there any comment?
Palmer: I haven't had much sleep in the last two days, so -- anyway, I was just going to
add a little bit of information --
Meridian City Council
November 7, 2012
Page 42 of 52
De Weerd: Just for the record if you would state your name.
Palmer: Joe Palmer.
De Weerd: Thanks.
Palmer: Business address 1524 North Meridian Road.
De Weerd: Thank you.
Palmer: My signs are 22 square feet. They are big, but that's what they are. My -- I
have a sandwich board sign that is four foot by four foot, that's 16 square foot, and that
one I put out three days before the road was closed. In ten years I have had three zero
days. Those were the three days that the road was closed with my four foot by four foot
sign on the Main Street. Ada County Highway District came by and said how is it going,
I said, well, I have done zero for three days, so I'm going to last about 30 days and I'm
done. They brought in their digital board, which was four foot by eight foot, 32 square
feet, that day we made up for the previously three days and it's now fenced and we
have done average days ever since. So, basically, they leave it there for about a week.
I looked into buying one, they are 7,000 dollars, so -- but, anyway, .that's to kind of give
you some information on vuhat signage does. Eight square feet is a sign. that you have
that says open in your window. It's not asign -- you know, signs -- as a business they
don't look that big from the street, but when you get up and see them, most signs are 25
to 32 square feet. That's just kind of average, so -- if you have any questions I would
stand for them.
Hoaglun: Madam Mayor and Joe, I was just curious. Did it direct -- did it just say
Cherry's Home Consignment or did it direct them or --
Palmer: It has three digital -- it doesn't direct, it says -- it says Cherry's Furniture
access. That's all it says.
Hoaglun: Okay. So, it directs access. Okay.
Palmer: It's a reader board -- yeah, it does say access on it.
Hoaglun: And that sign again was how big?
Palmer: Four foot by eight foot -- it's on a trailer, so it's in the air about six feet, so --
Bird: And that's on Main Street; right?
Palmer: Yeah. It's on Main Street, because my access is off of -- like between two -- I
have empty lots. So, I have got the perfect scenario to put up any size sign, because
I'm not going to block anything. I mean preferably what I would like to do is four by
eight, because that's what the material comes in and you can make a nice sign out of it.
Meridian City Council
November 7, 2012
Page 43 of 52
So -- but, you know, my four foot by four foot wasn't doing any good for the first three
days, so I hope you consider that. It sounds like that's what you're doing is considering
it as big as you can get away without, obviously, then, you start blocking traffic if you
don't do things properly and all that kind of thing that comes into it, but anything you can
do I would appreciate it.
De Weerd: Well -- and it's also been recognized that the orange ACHD sign while they
are new right now, they quickly become blended in with the rest of the things.
Rountree: And they are small.
De Weerd: Yeah.
Bird: And they are small. If you're going over five miles an hour you can't read them.
De Weerd: Questions for Mr. Palmer?
Bird: I have none.
Palmer: Thank you.
De Weerd: Thank you. Any other comments? Okay. So, Council, what would you like
staff to do at this time? Certainly, Mr. Nair, they could approve something this evening
with you to bring back. I know there is a time element, but --
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Until we get this ordinance straightened out and passed, maybe we can be a little
lenient our code enforcement for a week or so with our people. I mean I hate doing
that, don't get me wrong, but -- but, you know, this -- in the first place, in a lot of
businesses from November to Christmastime is a lot of their income and you know --
and lappreciate the way Central Paving has went to town and got the job going and
everything, but I think we need to really take a hard look at what -- make sure that we
do everything possible, as we said from the start, to help those businesses.
Nary: Madam Mayor?
De Weerd: Mr. Nary.
Nary: Madam Mayor, Members of the Council, if you -- a 32 square foot sign is the size
of a sheet of plywood. Four by eight. So, I -- one of the things Councilman Rountree
said a little bit ago was they are somewhat self-policing; right? I mean I don't envision
245 sheets of plywood along Meridian Road or Cherry Lane or that -- I hope to shout
that we don't see that. Because they do require property owner's permission, I can
Meridian City Council
November 7, 2012
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almost guarantee you ACHD is not going to allow a 32 square foot sign on the sidewalk,
because it's just too big. So, they are going to be somewhat self-policing, because they
are going to require property owner permission. We could certainly put in the ordinance
up to 32 square feet, that would allow them to decide what works for them, because
these are very expensive. I mean unless you, you know, can afford it, I mean you go --
commercially made metal 32 square foot sign it's going to cost you a few hundred
dollars, so it's not something cheap. So, we just want to be as flexible as we can.
There certain is not a rapid movement like code enforcement in the last week or the
next week to go out and chase these things, they just want some way to verify that it's
allowed to be where it is, that's why we want them to use the permitting system,
because we can allow it, we have an easy way to access the record, we can designate
where it's supposed to be, we are not charging for it, so they really -- our intent was --
the person would bring in the map or the map would be part of the application, they
could say here is where my business is, here is where the sign is. We can mark it on
the map and, then, we put it in the system and it's done. Next year, if the project gets
done on time, October 7th, the code enforcement would know that sign needs to come
down, that sign needs to come down, and that can be done very easily. So, if you want
us to, we could certainly make it up to 32 square feet for the -- again, the properties that
have frontage along Meridian Road. We can do that eight square feet for the property --
for every other area property, whether they are on the side streets or Main Street and if
-- our only concern is once you open the door and we don't like the result we are going
to have a hard time really taking it back. So, we just didn't want to -- but I think as
Councilman Rountree said, I think it's going to police itself, because these are not going
to be everywhere, they just --
Bird: No.
Nary: -- they won't likely -- no one will see it if they do it that way.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I agree with that suggestion. Up to 32 and, in fact, it all goes away a year
from now anyhow.
Nary: Right.
De Weerd: In less than that.
Zaremba: Even if we get ugly ones that we don't like, so --
De Weerd: Anything further from Council? So, direction is if we can get it in a form of a
motion -- correct?
Meridian City Council
November 7, 2012
Page 45 of 52
Nary: Madam Mayor, if that's the direction we will have an ordinance on your agenda
next week for approval.
De Weerd: Okay. And you have the specifics of that stating, so that code cannot turn a
blind eye, but it is allowed because Council has directed it in form. Okay? Perfect.
B. Ordinance No. 12-1532: Temporary Sign Allowance for
Permanent Proprietors within the Ada County Highway
District's Meridian Split Corridor Phase 2 Roadway Project
De Weerd: Item 8-B is Ordinance No. 12-1532. Madam Clerk, will you, please, read
this ordinance by title only?
Nary: This one is moved to next week.
C. Legal Department: Discussion on Update to Animal Control
Code
De Weerd. Mr. Nary
Nary: Thank you, Madam Mayor, Members of the Council. This is a cleanup ordinance
that you have in front of you. There is a couple of -- just a couple of items that are
simply a cleanup. One of them is -- is there is a discrepancy in our city code in regards
to dogs and dogs off leash. Our code -- our parks code allows us to have dogs off leash
in the park at the direction of the director and you authorized the use of Kleiner Park as
an off leash dog park for a certain period of time. Our city code in dogs says you can't
have a dog off a leash anywhere in the city at anytime. Obviously that conflict is already
existing, so the Kleiner issue is not -- it's not really the issue. That would prohibit having
dogs off leash in the dog park now. So, we have never enforced that, we have always
taken the specifics of the parks ordinance, but now that we are going to expand the
area of where it's going to be used, we felt it's probably an appropriate time to clean up
the ordinance and make sure there is no conflict between the two. So, that's -- that is
what that was and there is also a definitional request by our -- our police attorney and
prosecutor in regards to some definitions and regarding dogs, so he asked if we would
just clean that up as well. So, they are very minor changes. We think it's simply ready
to be approved tonight if you're comfortable with it.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Mr. Nary, what is -- I have some real concerns when you -- out at a park with a
bunch of kids around and you're letting dogs run loose off a leash, what is -- what is --
what is our liability regarding that? Because, you know, a lot of dogs people don't have
control over, a lot of dogs people have good control over, but it -- it kind of bothers me.
Meridian City Council
November 7, 2012
Page 46 of 52
De Weerd: Mr. Nary?
Nary: Thank you. Madam Mayor, Members of the Council, Council Member Bird,
recreational immunity in the state of Idaho is very clear, so if you have a recreational
property that you allow the public to access for no cost or no charge, then any injury
that's relative to the use of that property is -- the governmental entity is immune or the
private entity is immune from -- from a lawsuit. I totally understand your concern and
our discussion with the parks department really is making sure that there is adequate
signage and notice to people that are going to use Kleiner Park that there is an off leash
area during certain times of the day, because the issue of whether a dog is off a leash
or not and whether you're liable I mean exists today, right, so you could have a dog bite
somebody in the dog park and the reality is is that it's no different than if we allow it in
the Kleiner Park. But you enter a cage to go in to the dog park, so you have some idea
that there is a risk, but -- and there isn't one that's intended for Kleiner, but, again, if
there is adequate notice to folks, again, they have the ability to choose to enter the area
or not. Because a dog owner is always responsible for the behavior of their animal. So,
the dog owner is the first person who is liable, whether they are on the street, whether
they are off the leash, whether it's anywhere other than on their own personal property,
they are always going to be liable first for the actions of their animal.
De. Weerd: Okay. Thank you, Mr. Nary. Any other questions for Mr. Nary at this time?
Bird: I have none.
De Weerd: So, how would you like to proceed with it?
Bird: Read the ordinance.
D. Ordinance No. 12-1533: Animal Control Code Updates
De Weerd: Okay. Okay. Item 8-D is Ordinance 12-1533. Madam Clerk, will you,
please, read this ordinance by title only.
Holman: Thank you, Madam Mayor. City of Ordinance No. 12-1533, an ordinance of
the City of Meridian amending Meridian City Code Section 6-2-8A relating to barking
dogs, amending Meridian City Code Section 6-2-8B relating to dogs at large, providing
for a waiver of the reading rules and providing an effective date.
De Weerd: You have heard this ordinance read by title only. Is there anyone who
would like to hear it read in its entirety? Seeing none, Council?
Hoaglun: Madam Mayor?
De Weerd: Yes.
Hoaglun: I move approval of Ordinance 12-1533 with suspension of rules
Meridian City Council
November 7, 2012
Page 47 of 52
Zaremba: Second.
De Weerd: I have a motion and a second to approve Item 8-D. If there is no
discussion, Madam Clerk.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
Staff: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
E. Information ServiceslHuman Resources: Department Update
De Weerd: Item 8-E. Council, you probably can tell by the title of this item that we have
named the Information Services Department and it accurately reflects the services
between the divisions that would be in Information Technology and our City Clerk's
Office. We have proceeded and I will ask you to -- Bill or Jaycee to provide any
additional information, but they have been meeting with the staffs in both departments
about the merger of the two and -- and that is between the -- the four, the two co-
managers of IT and Bill and Jaycee, that they did come up with the Information Services
Department title. There will be a difference in salary of probably around 10,000 dollars
and a budget amendment will be forthcoming at the end of a six month evaluation
period. We need to see if this merger has any impact on any of the other positions.
This gives Jaycee an opportunity to see what that might be. She doesn't anticipate any
changes at this time, but does want that time period to evaluate what potential impact
that would have. I guess at this point I would ask if there is any other information that
either of you would like to add?
Holman: Madam Mayor, I just have a question.
De Weerd: Yes.
Holman: Who is our liaison?
De Weerd: Well, probably Mr. Hoaglun, as he is your liaison at this point.
Hoaglun: Okay. Madam Mayor, Members of the Council, we have met with all the staff
in IT and Jaycee knows all the staff in the clerk's office and everybody understands the
logic and the rationale of moving all of our information services into one department,
they understand how the organizational structure at least will be at the outset and they
recognize that over some time period that Jaycee will be making that evaluation on
whether or not any other changes are appropriate, whether it's this current fiscal year or
in the next fiscal year. I did talk with finance and ask if we needed to do a budget
amendment now. Todd's recommendation was, no, you know, we can -- we can deal
with any salary issues now, but we can evaluate whatever is necessary, because,
Meridian Cily Council
November 7, 2012
Page 48 of 52
obviously, if there is some logistical changes that are necessary that are usually fairly
minor and the -- to be honest finance doesn't care what departments are called, they
have budgets for the different sections of the city and they don't care which -- they just
need to know who is supposed to sign the PO and who is supposed to sign the different
things. So, they don't really -- they don't group the budgets based on the department
specifically. Over the last six years I have always had a budget for IT and a budget for
HR and a budget for legal and we have different allocations within those budgets for
different line items, so there we are not concerned about doing a budget amendment
now. It needs to be done before the end of the fiscal year, so Todd's recommendation
was let Jaycee evaluate what she needs and we will bring it forward in the future.
De Weerd: Mr. Zaremba.
Zaremba: Madam Mayor. I think this is a great idea and congratulations to Jaycee, I
think that's wonderful. Just for confirmation, we are not talking about really any physical
moves, right? Everybody pretty much stays physically where they are?
De Weerd: They stay physically where they are. I think that Jaycee will be doing some
commuting between departments, but the physical space is not changing.
Zaremba: Thank you.
De Weerd: Okay.
Holman: Madam Mayor, Members of the Council, I just thank you very much for the
opportunity. So, thank you..
F. Solid Waste Advisory Commission: Recommendation
Regarding the September 26th, 2012 Ada County Response
Letter
De Weerd: Item 8-F is a report and a recommendation from the Solid Waste Advisory
Commission. I will ask Mr. Nary to provide comment.
Nary: Thank you. Madam Mayor, Members of the Council, you may recall earlier -- the
late part of the summer you sent a letter to the Ada County Board of Commissioners
regarding some of the projects that were going on there and of adequate noticing of
those projects to both you, as well as the public. You did receive a comment back from
them at the end of September and your direction was to have the solid waste
commission review it and decide if any additional comment was necessary. So, you
have in front of you a draft letter that was prepared today and approved by the solid
waste commission to send back to the Board of Ada County Commissioners basically
just outlining the specifics of what they were -- what they were trying to -- what you were
trying to address previously, which was, again, what the statutory process is necessary
when you are having a change in how you are managing your landfill. The state statute
is very specific about what you're supposed to do and ways that you can avoid doing it
Meridian City Council
November 7, 2012
Page 49 of 52
and the county commission really didn't do either one of those things, so you pointed
out in your earlier letter, they responded by raising some other issues about prior
process they had used and whether we had followed their process, too, and such, which
really started off the point. So, this is just to reconfirm this is the position of the city. We
felt it was important from the Commission standpoint to recommend that the city provide
them at least a very clear, very short letter saying here is what we were trying to advise
you, here is why we think it's important and if you think this is adequate this is their
recommendation to send onto the county.
De Weerd: I think the last sentence in the first paragraph is very confusing, but,
Council, I guess the -- do you think at this point a letter is necessary? I don't want to
poke people in the eyes unnecessarily, but --
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: SWAC discussed this letter this afternoon. They made some edits and I
think they will probably be getting those to Bill. They supported a letter. I guess my
comment specifically to the letter is are we just entering into yet another letter writing
campaign and they are going to write back and say, well, we don't need to do this and
we -- our council says we don't and it's like we have been going back and forth. The
thing I'm going to throw out here is that planning and zoning -- county planning and
zoning has a hearing tomorrow night on this very subject and it's interesting in their
publicity on that they have indicated that this is the first public hearing that they have
held on this particular issue and I thought that was a bit enlightening coming from the
county. We probably need to frame that. But would it be more appropriate to clarify
Meridian's position and all along our position has been -- we are concerned about the
process. To a degree we are concerned about the project, because we don't have and
never had that very good clear information. But our issue has always been process and
maybe a letter like this or this letter be submitted as testimony to that hearing to
planning and zoning, because I'm sure they have never been apprised of the issues. All
they have read is what's in the newspaper and it's been inaccurate. We have never
been on record as opposing the project. We have been critical of the process that the
county has pursued and I think all we are asking the county is to follow the state statute,
which we don't believe they have done. I don't know where the -- is that something we
would want to do is submit this as testimony or to post yet another letter back and forth
between us and the county commissioners?
De Weerd: I think the public hearing does provide a good venue to submitting this
written testimony. I don't know who would be going to the meeting. And, again, I think
Council, then, has been very clear and it sounds like SWAC also talked about that
earlier, that our issue has not been with Dynamis per se, they and the county are
responsible doing that due diligence. Our issue has been the ability to see the
feasibility study, to provide meaningful comment and listing public notice is what we
could read in the newspaper when we are a customer is -- I don't see -- I would agree
Meridian City Council
November 7, 2012
Page 50 of 52
with SWAC that it doesn't follow the intent of this code. Additional comments? Any
preferences from each Council on the need and where it should happen?
Hoaglun: Madam Mayor, lagree -- I like sending this letter and I do like the idea doing
it tomorrow night, that it be part of the voices that want to be heard on this issue. I think
this is a legitimate concern about a process that's defined in state code and I think it's
one way to get it out there and do it in a way --along with other folks who are concerned
about this issue.
De Weerd: Do we have staff, Mr. Nary, that had intended on being in attendance?
Nary: Madam Mayor, Members of the Council, I don't know. I hadn't -- Ms. Mangerich
from Public Works and environmental I know has followed a lot of this topic very closely.
I don't know if she was intending to go. We can certainly determine if we can submit the
letter without being in attendance. I think, you know, we might want to -- like you said,
Madam Mayor, clean up that last sentence or delete it, I don't know if it's even
necessary. We could change the letterhead -- or change the direction to the planning
and zoning commission of Ada County and submit it tomorrow prior to the hearing. I
don't -- I don't know what their process is, Pete, on whether that's something that could
be done electronically or whether we have to typically go.
Friedman: Madam Mayor, Members of the Council, Mr. Nary, I think in the past that we
can submit it electronically and just as long as we can get it there before they start the
hearing. I would send it to the director of development services, ask that it be placed in
the public record. I would probably also cc a number of other folks up there. I will also
call her in the morning to make sure that that -- it will get in the record if we choose to
do it that way.
Bird: Madam Mayor?
De Weerd: Yes. Mr. Bird
Bird: My concern, though, is doing it that way it's not going to get read right there at the
pukilic hearing. It's just going to be noted that it's in the public record. If you want to see
it, go look at it. Am I not right, Pete?
Friedman: Madam Mayor, Members of the Council, Council Member Bird. Yeah. I
don't know that the county staff would read it directly into the record. I believe they
would enter it into the record that there is a letter from the City of Meridian to the
commission.
Bird: I would personally -- follow-up. Sorry, Mayor. I would personally like to it read
into the record, because -- and I don't think -- I'm like Councilman Rountree, I don't want
to play a letter chain going, but this way we are not playing a letter chain, we are putting
out a letter that our feelings have been expressed many a time and has never got to
Meridian City Council
November 7, 2012
Page 51 of 52
anybody, but a couple of commissioners or whatever the newspaper has allowed it. So,
I -- if there is any way we could get it read into the record down there I would be for it.
Nary: Madam Mayor, we will try to see if we can get a staff person to be able to go.
De Weerd: Okay. Thank you. Anything further from Council?
Hoaglun: And, Madam Mayor, I just have a few minor word edits I'd like to submit to Mr.
Nary, if that's okay with Council Members?
Rountree: Yes.
Item 9: Future Meeting Topics
De Weerd: Okay. Well, Council, we are at Item No. 9, Future Meeting Topics. Any
topics for consideration for future agendas?
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: Not really a topic, but I anticipate that I may miss the meeting of the 20th and
wonder if that threatens a quorum?
Bird: Not me.
Hoaglun: I will be here.
Rountree: No.
Zaremba: Okay. Thank you.
De Weerd: Very good.
Bird: Out of town for Thanksgiving?
Zaremba: We are thinking about it.
Bird: Good.
De Weerd: Well, very good. With that said, Council, I would entertain a motion to
adjourn.
Rountree: So moved.
Zaremba: Second.
Meridian City Council
November 7, 2012
Page 52 of 52
Bird: Second.
De Weerd: All those in favor?
MOTION CARRIED: ALL AYES.
MEETING ADJOURNED 9:10 P.M.
(AUDIO RECORDING ON FILE OF THESE PROCEEDINGS)
MAYOR T Y DE WEERD
DATE APPROVED
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