HomeMy WebLinkAbout2013-04-23E IDIAN --
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CITY COUNCIL REGULAR
MEETING AGENDA
Tuesday, April 23, 2013 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 by Troop 1
3. Community Invocation by Arthur Clemens with MGT Legacy Church
4. Adoption of the Agenda Adopted
5. Consent Agenda Approved (Pg 2-4)
A. Approve Minutes of April 2, 2013 City Council PreCouncil Meeting
B. Approve Minutes of April 2, 2013 City Council Regular Meeting
C. Approve Minutes of April 9, 2013 City Council PreCouncil Meeting
D. Approve Minutes of April 9, 2013 City Council Workshop Meeting
E. CableONE Movie Night in Meridian 2013 Single-Night Sponsorship
Agreement Between Idaho Central Credit Union and the City of Meridian for
a Not-to-Exceed Amount of $350.00
F. CableONE Movie Night in Meridian 2013 Single-Night Sponsorship
Agreement Between Meridian Library District and the City of Meridian for a
Not-to-Exceed Amount of $350.00
G. Meridian Teen Movie Night 2013 Single-Night Sponsorship Agreement
Between Meridian Library District and the City of Meridian for aNot-to-
Exceed Amount of $350.00
H. Approval of Contract Change Order No. 1 to the Existing Agreement for
"Well 16 Abandonment" to McLeran Well Drilling, LLC for the Not-To-
Exceed Amount of $26,090.00
Meridian City Council Meeting Agenda -Tuesday, April 23, 2013 Page 1 of 4
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.
Life Church Recreational Pathway Easement
J. Water Main Easement with Cedar Springs Neighborhood Association, Inc.
for Mulberry Subdivision
K. Approve Easements with Various Owners for Sanitary Sewer and Water
Mains to Properties as Part of the Ada County Highway District (ACRD)
Franklin -Ten Mile to Linder Project
Parcel No. Property Owner Easement Type
Parcel 1, Franklin & Ten Mile, LLC Sewer/Water Main
Parcel 16, No. 1 SCS Brighton, LLC Sewer/Water Main
Parcel 16, No. 2 SCS Brighton, LLC Sewer/Water Main
Parcel 17 Steven C. Smith & Brighton Inv., LLC Water Main
6.
7.
8.
L. Amended onto the agenda: Legal Department Budget Amendment
Community Items/Presentations
A. Meridian Environmental Excellence Awards Presentation (Pg 4-7)
Items Moved From Consent Agenda None
Action Items
A. Public Hearing Continued from April 16, 2013: VAR 13-001 Knightsky
Estates by Iron Mountain Real Estate, Inc. Located on the Northwest Corner
of Chinden Boulevard and N. Linder Road Request: Right-In/Right-Out
Access Point to State Highway 20/26 (Chinden Boulevard) Approved (Pg 7-
12)
B. Public Hearing: AZ 13-004 Thompson Farm by R. Orville & Heidi Thompson
Located at 975 S. Locust Grove Road Request: Annexation and Zoning of
2.38 Acres of Land with a R-2 Zoning District
Approved (Pg 12-15)
C. Public Hearing: PP 13-005 Oak Leaf Subdivision by Oak Leaf Development
Company, Inc. Located North of Chinden Boulevard and Approximately a
1/4 Mile East of N. Black Cat Road Request: Preliminary Plat Consisting of
Four (4) Single Family Lots and Two (2) Common Lots on Approximately
10.10 Acres in an R-2 and R-8 Zoning Districts Approved (Pg 15-19)
D. Public Hearing: AZ 13-002 Heron Ridge Estates Subdivision by Mason and
Stanfield, Inc. Located North of Chinden Boulevard, South of the Phyllis
Meridian City Council Meeting Agenda -Tuesday, April 23, 2013 Page 2 of 4
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.
Canal and Approximately a 1/2 Mile East of N. Black Cat Road Request:
Annexation of 10.10 acres of Land from RUT and R-1 in Ada County to the
R-2 (Low-Density Residential) Zoning District Approved (Pg 19-24)
E. Public Hearing: PP 13-006 Heron Ridge Estates Subdivision by Mason and
Stanfield, Inc. Located North of Chinden Boulevard, South of the Phyllis
Canal and Approximately a 1/2 Mile East of N. Black Cat Road Request:
Preliminary Plat Approval Consisting of Sixteen (16) and Single Family
Residential Lots and Five (5) Common Lots on Approximately 9.76 Acres in
a Proposed R-2 Zoning District Approved (Pg 19-24)
F. Public Hearing: ZOA 13-001 Unified Development Code (UDC) Text
Amendment by City of Meridian Community Development Department
Request: Text Amendment to Certain Sections of the UDC Pertaining to
Block Length, Multi-Family Parking, Storage Facilities, Bicycle Parking
Facilities, Street Knuckles and Other Miscellaneous Clean-Up Items
Approved (Pg 24-35)
9. Department Reports
A. Mayor's Office: Resolution No. 13-920: Appointing Brian Schreiner to Seat
4 of the Meridian Arts Commission Approved (Pg 35-36)
B. Donation of Fire Department Items to Idaho Youth Ranch (Pg 36-37)
C. Resolution No. 13-921: A Resolution Authorizing the Donation of
Household Items to the Idaho Youth Ranch Approved (Pg 36-37)
D. Parks and Recreation Department: Fiscal Year 2013 Budget Amendment
Regarding Generations Plaza Water Feature Remodel for aNot-to-Exceed
Amount of $14,500.00 Approved (Pg 37-38)
E. Public Works: City Hall Water Feature Update (Pg 38-42)
F. Community Development: Discussion Regarding Placement of Final Plats
on the City Council Agenda (Pg 42-47)
G. Legal Department: Discussion Council Start Times and City Council Duties
(Pg 47-51)
H. Mayor's Office: State of the City Budget Amendment for the Not-to-Exceed
Amount of $12,455.00 Approved (Pg 51-52)
I. Mayor's Office: MYAC Community Events and Travel Amendment for the
Not-to-Exceed Amount of $11,750.00 Approved (Pg 52-53)
Meridian City Council Meeting Agenda -Tuesday, April 23, 2013 Page 3 of 4
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.
10. Ordinances
A. Third Reading of Ordinance No. 13-1549: Large-Scale Special Events
Update to Temporary Use Code Approved (Pg 53-54)
B. Second and Third Reading of Ordinance No. 13-1551: An Ordinance
Amending Title 4, Public Health & Safety, Chapter 1, Sanitary Service
System, of the Meridian City Code, for the purpose of including Definitions
for Commercial Recycler, Commingled Recyclable Material(s), and Source-
Separated Recyclable Material(s) in 4-1-3; and to add "Or Commercial
Recycler" to 4-1-10 H. And to Add a New 4-1-11 Commercial Recycling
Exemption; and Re-assign the existing Section 4-1-11 Nuisance Declared to
Section 4-1-12; and Re-Assign the existing Section 4-1-12 Penalty to
Section 4-1-13; and Providing an Effective Date Approved (Pg 54-55)
C. Ordinance No. 13-1553: An Ordinance Amending Title 2, Boards and
Commissions, Chapter 7, Board of Adjustment of the Meridian City Code,
Section 6, Hearing Procedures, for the Purpose of Amending 2-7-6B to Add
a New Thirty (30) Day Filing Deadline to Submit a Request for Hearing
before the Board of Adjustment from the Dated Notice of an Administrative
Denial of a Request for a Billing Adjustment; and Amending 2-7-6C to Add
that the City Clerk has Authority to Schedule a Hearing on an Alternative
Date from the Regular Scheduled Hearing Date and Time for Board of
Adjustment, Provided the Hearing is Scheduled Not Later Than Twenty-
Eight (28) Days From the Next Regularly Scheduled Meeting; and Providing
an Effective Date Approved (Pg 55-56)
D. Ordinance No. 13-1554: An Ordinance (Legacy Church RZ 13-001) for the
Re-zone of the south 55-feet of Lot 15, Lot 17, a portion of Lots 16 and 18,
Block 1 of Wilson Addition to Meridian, as shown in Book 12 of Plat at Page
708 records of Ada County, Idaho; a portion of Lots 1-4, Lots 5-8 of Block 4
of Nidays Second Addition to Meridian as shown in Book 11 of Plats at
Page 594 records of Ada county, Idaho and adjoining right-of-ways. Situate
in the northeast quarter of the northeast quarter of Section 12, Township 3
North, Range 1 West, Boise Meridian, Ada County, Idaho Approved (Pg 56-
57)
11. Future Meeting Topics
Adjourned at 9:34 p.m.
Meridian City Council Meeting Agenda -Tuesday, April 23, 2013 Page 4 of 4
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.
eridian City Council April 3, 2013
A meeting of the Meridian City Council was called to order at 7:00 p.m., Tuesday, April
23, 2013, by Mayor Tammy de Weerd.
Members Present: Mayor Tammy de Weerd, Charlie Rountree, David Zaremba, Keith
Bird, and Brad Hoaglun.
Others Present: Bill Nary, Jaycee Holman, Caleb Hood, Sonya Watters, Bill Parsons,
Kyle Radek, John Overton, Perry Palmer, Mollie Mangerich, Max Jensen and Dean
Willis.
Item 1: Roll-call tendance:
Roll call.
X David Zaremba X Brad Hoaglun
X Charlie Rountree X Keith Bird
X Mayor Tammy de Weerd
De Weerd: Good evening. I will go ahead and start tonight's meeting. First I would like
to welcome you to our City Council meeting. For the record it is Tuesday, April 23rd.
It's 7:00 p.m. We will start with roll call attendance, Madam Clerk.
Item ledge o Allegiance y Troop 1
De Weerd: Item No. 2 is our Pledge of Allegiance. And we are going to be led and
instructed by Dillon Chainer and he is with Boy Scout Troop No. 1. So, I will ask Dillon
to come forward and lead us in this next item.
(Pledge of Allegiance recited.)
De Weerd: I would like to thank Troop 1 for joining me earlier in the art gallery for a
discussion prior to this City Council meeting and appreciate you all coming down this
evening and for your interest in our City Council and city form of government. So, have
a good evening. Thank you.
Item Community Invocation by Arthur Clemens with T Legacy Church
De Weerd: Item No. 3 is our community invocation. Tonight we will be led Arthur
Clemmons with the MGT Legacy Church. If you will all join us in the community
invocation or take this as a moment of reflection. Thank you for joining us.
Clemmons: Father in Heaven, we thank you for these councilmen and the Mayor. We
thank you for the wisdom that they have, because they wouldn't be in this position if
they didn't have that kind of wisdom. But we pray tonight as they face the different
Meridian City Council
April 23, 2013
Page 2 of 57
challenges and different items that they might have, that you would give them
supernatural wisdom from above and help them to have patience with those who might
not agree with them and may this be a wonderFul time led by you, in Jesus' name,
amen.
De Weerd: Mr. Clemmons, if I -- if I could, please, offer you a City of Meridian pin.
Clemmons: I have one.
De Weerd: Well, good.
Clemmons: Want me to have two?
De Weerd: I just wanted to thank you for leading us.
Clemmons: You're welcome.
Item Adoption o the genda
De Weerd: Isn't that nice, saving us some money there. Item No. 4 is adoption of the
agenda.
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Hoaglun: A couple items to put onto the agenda this evening. Under our Consent
Agenda, 5-L, we want to add a Legal Department budget amendment for that part there.
Under 9-A, that Resolution No. is 13-920. 9-C is Resolution No 13-921. Under
Ordinances 10-C is Ordinance No. 13-1553 and 10-D is Ordinance No. 13-1554. With
that, Madam Mayor, I move adoption of the agenda as amended.
Rountree: Second.
De Weerd: I have a motion and a second to adopt the agenda as amended. All those
in favor say. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Item : Consent genda
pprove inutes of ril 013 City Council reCouncil
Meeting
pprove inutes of ril 013 ity Council eular eetin
Meridian City Council
April 23, 2013
Page 3 of 57
Approve inutes o April 013 iy Council reCouncil
Meeting
D. Approve inutes f April , 2013 City Council Workshop
Meeting
Cable E ovie fight in eridian 2013 Single-Night
Sponsorship greement a een Idaho Central Credit Union
and the City of eridian for aot-to- xceed Amount of
$350.00
CIeO ovie i h in eridian 2013 Single-Night
ponsorship greement a een eridian Library District and
the ity o eridian fora of-to- xceed Amount of $350.00
eridian Teen ovie i ht 2013 in le- fight ponsorship
Agreement a een eridian Library District and the City of
eridian fora of-to- xceed mount o $350.00
H. pproval of Contract Change rer o. 1 to the Existing
Agreement for °' ell 1 Abandonment" to cLeran Well
Drilling, LLC for the Not-To- xceed mount of $26,090.00
I. Life Church ecretional Pathway asement
J. ter ain asement with Cedar prings Neighborhood
Association, Inc. for ulberry udivision
Approve Easements with Various Owners for nitary ewer
and ater ains to roperties as art of the a County
Hih y istric ( CHD) ranlin -Ten file o Linder rojec
Parcel o. Property caner asement Type
Parcel 1, Franklin Ten Mile, LLC ewer/Water Main
Parcel 1 o. 1 C righton, L ewer ater Main
Parcel 1 o. C righton, LLC ewer/Water Main
rcel 17 teven C. Smith righton Inv., LLC ater Main
L. Amended onto the agenda: Legal epartent Budget
Amendment
De Weerd: Item 5 is our Consent Agenda.
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Meridian City Council
April 23, 2013
Page 4 of 57
Hoaglun: As has been mentioned on the Consent Agenda we are adding Item 5-Le t
Legal Department budget amendment. I move approval of the agenda Cons
Agenda and the Mayor to sign and Clerk to attest.
Rountree: Second.
De Weerd: I have a motion and a second to approve the Consent Agenda as amended.
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.
Ite Community Items/ resentations
A, eridian nvironmental xcellenc morels resentation
De Weerd: Item No. 6 is under Community Presentations and I will ask Mollie to take
the mike and do these presentations for us.
Mangerich: Thank you very much. I'm going to turn this around if I may.
De Weerd: Yes.
Mangerich: Good evening, everyone. My name is Mollie Mangerich. I'm with the Citb
of Meridian and proud to be their environmental programs manager and part of m tooa
is the joy of tonight's presentation of our city environmental excellence awards
significant few within our community for the reasons that I will be showing and telling
you about in just a moment. Madam Mayor, will you be available to distribute the
awards this evening? Thank you for being -- and thank you. Our awards are over here
this evening.
De Weerd: Sorry, I usually don't have jeans on.
Mangerich: So, these awards are looking back into our calendar year of 2012 and
what's interesting is the candidates came forward and arose is that there~seems to b ud
theme that connects them all and it was a very unique partnership and I m really pro
that this evening's contributors have engaged in some very special partnerships withind
our community that have provided great value to our community. Madam Mayor an
Council Members, our first award of the evening goes to our Meridian Poplar
Department's community services division for their very important and very popu
pharmaceutical drop off program. A bit of history. Meridians pharmaceutical drop off
program became a reality clear back in 2009 and this was due to the leadership of our
Meridian City Council
April 23, 2013
Page 5 of 57
Meridian Police Department, our community services division, the Mayor's anti-drug
coalition, and a lot of meetings that they held with Idaho DEQ, Idaho Public Health
Association, and including our pharmacy program at the Meridian campus of the Idaho
State University. You know, the common theme amongst all these stakeholders was to
provide a safe and easy way to dispose of -- excuse me -- unused prescription drugs.
Lieutenant John Overton and the Mayor's Youth -- or the Mayor's Anti-drug Coalition
found that the statistics as they are today extremely alarming. Everyday more than
2,000 kids between the ages of 12 and 17 are trying painkillers nonmedically to get high
and as of today our Meridian Police Department offers free anonymous convenient
disposal for these unused medications that lie around in our house and we take them at
our Police Department Monday through Friday 8:00 to 5:00, no questions, anonymous,
free, convenient. It's fabulous. I really applaud you and the partners and their efforts.
Now, on the environmental side, from my perspective, we wanted to provide and insure
and encourage that there was a safer disposal method, as opposed to improper
disposal of just flushing down the toilet and entering our surface waters where we are
finding scientific studies of pharmaceuticals and chemicals in our surface waters and
who knows what the future brings. So, a diversion program of this enormity are
potentially wonderful for us. So, with that I would like to proudly say that our Meridian
Police Department to date has accepted over 5,000 pounds -- is that correct?
Overton: Six thousand by this weekend.
Mangerich: Holly cow. Six thousand pounds in pills and medications through your
efforts, your team and your partnership with our community. With that our Mayor would
like to present to you and your group the Meridian Environmental Excellence Award.
think Natalie is going to be taking pictures.
(Pictures taken.)
Mangerich: Our second award goes to a very special group who has just started doing
a wonderful activity within our community and this is the Meridian Co-op Gardeners.
Upon invitation by our Meridian Parks and Recreation Department, the Meridian
Cooperative Gardeners were established in May of 2012 at our Julius Kleiner Park, our
newest park here in our community. The Meridian cooperative garden is dedicated to
providing local produce and crops for their subscribers and for their volunteer workers.
Excess produce and certain crops are donated right here to the Meridian Food Bank.
Located on about three-quarters of an acre, this extremely resourceful group has
secured support from organizations such as Southwest Idaho RCFD, Idaho Power
funding, a little bit of help from the Home Depot association and Albertson's. As well in
terms of being resourceful in developing partnerships locally, they have created
relationships with our Future Farmers of America, lots of boy scouts I am told,
Friendship Celebration Lutheran Church and Harvest Church of Meridian. Now, these
volunteers within these organizations help to cultivate, plant, weed and water all the
garden activities that are going out there. Katie Gonzales is the coordinator of our
Meridian Co-op Gardeners. She's here tonight with some of her friends and family. I'm
so nervous. Excuse me. The garden produced 1,500 pounds of produce for the
Meridian City Council
April 23, 2013
Page 6 of 57
Meridian Food Bank, as well as providing for their co-op owners just this last year and
am told a special thanks goes out to an individual in our community by the name of
Carrie Swanks who spearheaded the Food Bank's campaign in 2012. So, thank you
very much and our Mayor would love to provide you our Meridian Environmental
Excellence award. Katie Gonzales.
(Pictures taken.)
Mangerich: Our third award this evening goes to a cooperative effort from two very
successful businesses within our community. I'd like to bring Steve Sedlacek or
highlight Steve Sedlacek of Sanitary Services Company, our original waste
management company within Meridian and now it's Republic Services and Hal and
Mark Miller of Larsen Miller Medical Disposal Services. This is for their medical sharps
container exchange program. You know, back in the day when Steve had begun our
solid waste services he knew there was problems with syringes, needles, or what we
call medical sharps posing potential dangers to a lot of his sanitation workers and his
recycling workers, so he and Larsen Miller put their heads together, made some very
unique collaborative arrangement with one another and exchanged services to the
benefit of our community. The exchange program runs like this -- and it is unique to
Meridian and found nowhere else in the Treasure Valley and as far as I know the state
of Idaho. No business waste is accepted, first of all, but proof of Meridian residency is
provided at the transfer. Free medical waste containers are given to residents,
individuals, who need disposal and containerization of their medical sharps. Full
containers, they bring them right back to SSC and they are accepted for no charge.
This is when Larsen Miller gets involved, who accept a kiosk full of full red sharps
containers, transport them safety back to their Elmore county facility, autoclave them,
melt them down and, then, properly dispose of these inert materials in a landfill. When
this program started only a handful of individuals participated in the program, but in the
last ten years they have seen six to eight individuals come in the door each day to
exchange their medical box. What a unique service they are providing to our
community of their own accord and of their own integrity and creativity. Our Mayor
would very much like to provide each of you an Environmental Excellence award for
your contribution to our community. Come on up.
(Pictures taken.)
Mangerich: That concludes our Environmental Excellence awards for this year. I'm
really proud of our community and you should be, too. In the back of the room are
materials related to these programs. Please take them home if you will.
De Weerd: Thank you, Mollie. We appreciate your passion for this and certainly we
appreciate our community partners. Your efforts continue to help us achieve that
premier community status to live, work, and play and so we do appreciate you being
there. And, Mollie, you know, I always tear up, so I think you are just filling in, because I
wasn't doing it.
Meridian City Council
April 23, 2013
Page 7 of 57
Mangerich: Thank you.
De Weerd: So, you thank you carrying on the tradition.
Mangerich: Thank you.
Item 7: Items Moved From Consent enda
De Weerd: There were no items moved from the Consent Agenda.
Item 8: ction Items
ulic Hearing Continued from April 16, 013: VAR 13-001
nihty states by Iron ountain eal state, Inc. Located
on the orthwest Corner of Chinden Boulevard and N. Linder
oa euest: fight-In/ fight- ut cce Point to tate
Highway 0/ (Chinden Boulevard)
De Weerd: So, we will move to item 8. 8-A is a public hearing that was continued from
April 16th on VAR 13-001. I will turn this over to Bill.
Parsons: Thank you, Madam Mayor, Members of the Council. If you recall last hearing
on April 16th Council did continue this item to this hearing to get some additional
information, the most important was Council wanted to see how this proposed access
would interact with the future build out of that roadway along Chinden Boulevard. I
would mention to Council that the applicant did provide an exhibit for you. I have
attached that in your hearing outline this evening. Also on the graph -- or the display
board here I do have the graphic up showing you where that edge of right of way is
from the ultimate build out as well. ITD said -- did also provide additional comment for
you that stated that the decel lane and the access could fit within the planned right of
way moving forward. At this time ITD does not have that roadway planned or any
budgeting for that roadway and that's detailed in the letter as well. One other additional
item that wasn't provided from ITD was how they were going to restrict access for this
point, where through a pork chop or center median. So, I think that's still the
outstanding issue for you this evening is how was ITD going to -- are they going to
require that center median or are they going to allow the access or require a pork chop
with that access. Other than that additional information, staff has nothing else to add
and at this time I'd stand for any questions you have.
De Weerd: Council, any questions for staff?
Bird: I have none.
Rountree: I have none.
Meridian City Council
April 23, 2013
Page 8 of 57
De Weerd: Okay. Does the applicant have comment? Good evening. If you will,
please, state your name and address for the record.
Amar: Good evening, Madam Mayor, Council Members. My name is Kevin Amar.
Address is 3681 North Locust Grove. We have before you the exhibit that was
requested from previous hearing. It's important to note that we have the exhibit. We
also have a comment from Mr. Szplett at ITD insuring that the right of way that is being
provided with this project will allow for future expansion of the width of Chinden while
maintaining bike lanes and maintaining landscaping buffers, as well as room for the
decel lane to remain in place in the future. We tried to get some additional information
from him, so we could show an actual design of what that might look like and he
declined. He said they weren't sure what it was going to look like yet, but it was
important to them, as it is to us, to make sure that the right of way width is maintained to
provide the necessary lanes, as well as the safety feature of the decel lane. The
question remains as to how to restrict right-in, right-out and our proposal currently is the
pork chop. We are working with ITD to determine what works best, you know, that you
need to turn right not left out of there in that location, so that would be some ongoing
discussion that we would have to determine at the time presumably of design how we
are going to do that with ITD. But we know there is going to be here a pork chop or a
center median in the road and determine which is best to make that happen. I don't
know that you have ITD's comments from Dave Szplett. If you don't I brought those
with me, but I would stand for any further questions.
De Weerd: Council, any questions for Kevin?
Bird: I have none.
De Weerd: Kevin, I guess one thing that did come up last week was if there could be a
design for the entry into the subdivision to perhaps limit the pass-through traffic?
Amar: That did come up, yes, Madam Mayor. The thought -- I will need to verify this
with the fire department also, but even if we could narrow that section -- there is a
portion of the plat -- Bill, I certainly don't know how to use this. Perfect. There is a
portion of the plat on the western end where there are no drive accesses or anything
else, it's just the connection of the road from this property to the Spurwing Challenge
golf course. That portion that is just purely a connection, we have proposed maybe
narrowing that to a minimum of I think 25 feet as what the fire department requires as a
minimum to drive. We talked a little bit afterwards to Mr. Reich I believe his last name
was, and he, you know, was acceptable to anything, as long as we can try to limit some
of that. We just want to make it as -- we just don't want to make it attractive to drive
through there, so if we do limit the width that would help. They have already -- we
talked to them about doing some sort of roundabout. His position is they have already
submitted a design and they really don't have the room to do a roundabout and due to
the nature of where ours connects with their facility there is not room just on our side to
do a roundabout either. So, I guess my proposal would be to narrow that road as much
Meridian City Council
April 23, 2013
Page 9 of 57
as we can while still maintaining safety with the fire department, so it's not an easy pass
through situation.
De Weerd: Also another point that came up is their request to limit it to emergency
personnel access. Do you have an opinion on that?
Amar: Yes. We would like to maintain it as a full access understanding that provides
benefit for the community for both their subdivision, as well as ours. We have seen
those emergency access locations and seems to cause more confusion than help and,
to be honest with you -- and we won't know until it's built -- I don't see this as a strong
cut through location. Certainly not for people trying to access the Spurwing clubhouse.
It's going to be much quicker to travel that distance on Chinden and drive direct access
in off of Long Lake and a stoplight on Long Lake.
De Weerd: Okay.
Amar: So, I think it will be more residents of Spurwing Challenge that would use this the
majority than anyone else.
De Weerd: Thank you. Anything further from Council?
Bird: I have none.
De Weerd: Okay. Thank you.
Amar: Thank you.
De Weerd: Okay. We did keep this public hearing open. Is there anyone else who
would like to provide testimony on this item? Okay. Council?
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: Let me kind of work backwards through the subject. My preference would be
for the connection to the new Spurwing Challenge Subdivision to remain an open public
road. The access into Spurwing is pretty well constructed already. It doesn't quite -- the
entire subdivision isn't quite a cul-de-sac, because I believe we have required an access
out through Spurwing Greens or -- the new project to the west has changed names a
couple of times, but there is a good section of Spurwing that would still function like a
cul-de-sac if this were not an access and I would prefer that it not be an emergency only
access. I think it makes sense to have it be a public road and an open access. If our
fire department is comfortable with some traffic calming idea there that either narrows
the road or puts an island in the middle of it, I would be happy to have them work that
out, but my -- my opinion would be to be against bollards or something that actually
closes it off. I will also state a preference on the access to Chinden. Our general
Meridian City Council
April 23, 2013
Page 10 of 57
agreement on access to -- to state highways is there can be a full access on the half
mile and aright-in, right-out on the quarter mile. I can understand all of the other
elements that have gone on around here that bring us to this point. I can go along with
substituting this access for the quarter mile access, even though it's not on the quarter
mile, but it does provide that function and there are property lines that make access on
the quarter mile very difficult. So, even though I have a strong history of being opposed
to adding extra accesses in locations like this, I can be satisfied. I still appreciate
Councilman Rountree's question and I will leave it up to him to see if his understanding
of this drawing satisfies the right of way. I would add one more thing in that I agree with
others who have stated I don't think the pork chops are working to force aright-in, right-
out.. They -- people ignore them, they find a way to go around them, so I would propose
certainly that the applicant and ITD settle on having some kind of a center divider at this
point, whether it's an island or just a curbing or even the -- I think they call them
candles. It isn't important to me, but I think there should be something along the center
line that -- that prevents left turns. I don't think the pork chops that I have seen along
Eagle are working to satisfy that. So, that is my opinion. I would be in favor of
approving this right-in, right-out, making sure that's the only thing it can be and
maintaining public right-of-way at the west property line.
De Weerd: Thank you, Mr. Zaremba. Any other comments from Council? Questions
for staff.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: Just a comment. I agree with what Councilman Zaremba has just stated. I
agree that the pork chop is not the solution for right-in and right-out in a development
agreement. I believe it needs to have language with respect to providing a -- some kind
of an -- either curb or raised median to not allow that turn to be made, because it will be
made if it's not prohibited in the travel lane itself. That's a bit of a difficult intersection as
it's laid out right now with two lanes. You're not sure which lane you want to be in going
east and the same way going west and both merging into one lane. Ideally -- and it's
probably too late, but it would have been nice to have all four corners of this intersection
put up the funds to at least get the intersection itself designed properly and functioning
properly and transitioning back to two lanes, even though I think we have lost the
opportunity with that on the east side. But I agree with what Councilman Zaremba said.
I'm not sure what else you can do in order to get this particular corner and piece
developable. It's unfortunate that the parcel was split, but the parcel was originally
designed for that road to go from Linder all the way through to the Spurwing original
access point and I think it needs to remain as such.
De Weerd: Thank you, Mr. Rountree. If there is no further questions for the applicant
or staff -- Mr. Hood.
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April 23, 2013
Page 11 of 57
Hood: Madam Mayor, if I could just make one clarification. With the variance we won't
be getting into the development agreement at this time, but certainly as the applicant
comes back we will certainly look to these comments as we begin to guide a staff report
for development agreement modifications, plats, those types of things. So, we won't
typically condition a variance, but duly noted. I just wanted that for the record that we
won't be including that with this action, but certainly moving forward we will consider
those comments. Thank you.
De Weerd: Thank you for that clarification. If there is no further information needed
from Council, I would entertain a motion to close the public hearing.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I move we close the public hearing on VAR 13-001.
Rountree: Second.
De Weerd: I have a motion and a second to close the public hearing on Item 8-A. All
those in favor say aye. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I move we approve VAR 13-001 and realize that we can't put conditions on
that, but I'm certain the applicant is aware that as this moves through the process there
is a preference for some sort of center divider on Chinden. That will come up as further
applications come along and I would also comment that this is a unique situation and
nobody should interpret this as establishing a precedent. End of motion.
Rountree: Second.
De Weerd: Mr. Zaremba, would that include working with the property to the west in
some treatment at the entrance into the residential side to slow traffic into that?
Zaremba: Madam Mayor, yes. I would add the subject of working together with the
adjacent property owner to come up with some acceptable -- I'm sorry -- with the
adjacent property owner and the fire department -- our fire department to come up with
with an acceptable method of traffic calming that does not close this off.
De Weerd: Okay. Second agree?
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Page 12 of 57
Rountree: Second agrees.
De Weerd: Thank you. Any comments?
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Hoaglun: Yeah. This is something I can support. This is a unique piece of property
and I think Councilman Rountree noted correctly that if it hadn't been split I think the
design would have been different. I don't think we are adding any -- a special right or
privilege and I think the applicant can point to several other places on a state highway --
Eagle Road and other places -- that right-in, right-outs are utilized to meet needs. It's
also -- it's interesting under point two a variance relieves an undue hardship because of
characteristics of the site, in this I look at it as the hardship that we are creating in trying
to relieve is allowing commercial traffic to have to use a residential street to come to the
commercial entity and that to me is backwards and -- and I think this right-out -- right-in,
right-out actually relieves that hardship that would be created on the residence. So, a
little different view than some others might look at it, but that's how I view it. And I think
with the information provided by ITD it meets the safety standards and is very
reasonable in all these respects, so I could support this motion.
De Weerd: Thank you, Mr. Hoaglun. I think that clarification was essential as part of
that variance. Any further comments from Council? 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.
ulic Hearing: 13-004 Thompson Farm by rville
Heidi Tho peon Located t 975 . Locust Grove oad
euet: nnexation and oning of .3~ Acres of Land with a
C- (Community usiness) - Zoning District
De Weerd: Item 8-B is on AZ 13-004. I will open this public hearing with staff
comments.
Watters: Good evening, Madam Mayor, Members of the Council. The next application
before you is a request for an annexation and zoning. This site consists of 2.38 acres of
land. It's currently zoned RUT in Ada County and is located on the southwest corner of
East Central Drive and South Locust Grove Road, 975 South Locust Grove. The
applicant requests annexation and zoning of 2.38 acres with a C-C zoning district,
consistent with the future land use map designation of commercial. There is currently a
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April 23, 2013
Page 13 of 57
single family dwelling and associated buildings on this site. You can see by the picture
here. The applicant requests hook up to city sewer and water service for the existing
home and one of the out buildings. A couple of conceptual drawings have been
submitted showing how the property should redevelop in the future, however, there are
no plans for redevelopment at this time. The use of the site is proposed to remain
residential. For this reason staff and the Commission is recommending that a zoning
designation of R-2, low density residential, consistent with the existing and continued
residential use of the property, rather than C-C as requested. The applicant is in
agreement with staff and Commission's recommendation for zoning. Upon
redevelopment of this site the property should be rezoned to a commercial district in
accord with the commercial future land use designation. The existing home is required
to hook up to city services within 60 days of annexation ordinance approval. The
Commission recommended approval of the annexation request. Sam Johnson testified
in favor at the public hearing. No one testified in opposition or commented and written
testimony was received from Sam Johnson, the applicant. There were no key items of
discussion by the Commission. Commission changes to the staff recommendation.
Based on the applicant's request and staff's recommendation the Commission
recommended comment 2.21 pertaining to streetlights is included as a DA provision for
requirement upon redevelopment of the site. That is development agreement provision
1.1 D. There has been no written testimony since the Commission hearing and there
are no outstanding issues for Council. Staff will stand for any questions the Council
may have.
De Weerd: Thank you. Any comments or questions for staff?
Bird: I have none.
Rountree: I have none.
De Weerd: Okay. Does the applicant have any comments? Thank you for joining us.
If you will, please, state your name and address for the record.
Johnson: Yeah. Thank you for having me. My name is Sam Johnson. My address is
2701 East Pine in Meridian.
De Weerd: Thank you.
Johnson: I really don't have anything else to add to the application and, then, to the
staff report, so we are in agreement with the recognized zone of R-2. There is no
immediate plan to develop the property commercially. The main intent to annex it is to
connect to city sewer and water. As you can see from the pictures, the site's been I
guess renovated. The buildings have been resided and painted. The owners have
decided it was time to clean the property up and wait for future development when the
opportunity arises. I would stand for questions.
De Weerd: Council, any questions?
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April 23, 2013
Page 14 of 57
Bird: I have none.
Rountree: I have none.
De Weerd: It does look nice out there.
Johnson: A little different.
Rountree: Much better.
De Weerd: Yes. Thank you.
Johnson: Thank you.
De Weerd: This is a public hearing. Is there anyone who wishes to provide testimony
on this item?
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: Seeing none, I move that we close the public hearing on Item 8-B.
Zaremba: Second.
De Weerd: I have a motion and a second to close the public hearing on Item 8-B. 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 8-B, AZ 13-004.
Bird: Second.
De Weerd: I have a motion and a second to approve Item 8-B. Mr. Zaremba?
Zaremba: Should we clarify that we are approving it as an R-2.
Rountree: That's how it's presented to us with the staff recommendation. Well,
including staff recommendations and comments.
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April 23, 2013
Page 15 of 57
De Weerd: I appreciate the clarification and, yes, that is part of the motion. Madam
Clerk, will you, please, call roll on that.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
De Weerd: Item 8-C is a public hearing on PP 13-005. 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 the Oak Leaf Subdivision. It's located north of Chinden Boulevard,
approximately a quarter mile east of North Black Cat Road. This property is currently
zoned R-2 in the city. Was annexed in with the Tree Farm property in 2006. There is a
development agreement requirement for this property as well that would happen with
the annexation. The applicant is here this evening proposing a four lot estate
subdivision. The existing home, which is situated on Lot 4, Block 1, will remain part of
that subdivision and, then, there is two -- or three additional building lots and then, two
common lots as well. The extension of the roadway will happen from North Moon River
Way, which was provided with Spurwing Grove Subdivision No. 4. That will be
terminating in a cul-de-sac and provide access to this property. I would mention to
Council that the existing home does have access to Chinden Boulevard at this time and
that will be vacated once this road is provided to this property as well. The applicant
has submitted a landscape plan. They are required to provide ten percent per the UDC.
The plat -- the landscape plan before you this evening does depict two passive open
space lots. Each passive open space lot will have a sitting area, so there are two
amenities proposed as well with this subdivision. The applicant also provided
elevations for you this evening. In the application the applicant stated that the minimum
home size in the subdivision would be 3,500 square feet, so we are looking at some
substantial homes on one acre lots as well. Planning and Zoning Commission
did recommend approval to you on the March 21st hearing. Barry Semple spoke in
favor of the application. No one testified in opposition of it. Primary issues of
discussion of the Commission hearing was the utility connection of the existing home on
Lot 4, Block 1. And I will get to that in a moment as well. Commission did recommend
a modification to Condition 1.1.6. They changed the wording from shall to may and,
then, written testimony since the Commission hearing, staff did receive a lengthy
rebuttal from the applicant and he also attached an exhibit on how the home would be
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April 23, 2013
Page 16 of 57
sewered in the future. I believe that those comments are provided in your packet this
evening. And, again, here is what the applicant is proposing. Originally when we were
before Planning and Zoning Commission the intent was that the home would be --
sewer would be stubbed from the cul-de-sac proposed with the subdivision and the
sewer line would come back into the property and connect here to the existing home.
Well, at that hearing it was testified that in order to service that property from the cul-de-
sac the applicant would have to put in a pressurized sewer line in order to make that
happen. After the hearing and getting to the P&Z Commission hearing, the applicant
came back, sat down with staff, and engineered a proposal that seems to work better
for servicing the property and the reason why it works better is the applicant could
facilitate sewer connection via this main that would be constructed with a future
Spurwing Greens phase. The other benefit is that this would all be a gravity line,
instead of having to be pressurized in the future. Staff did receive written testimony
from that adjacent property owner to the east. He's amenable to the routing of this
sewer. He has given consent to allow that to happen. The only issue before you
tonight is the timing for that to happen. I would also mention to Council that the
recorded development agreement requires this property to hook up to city services and
keep in mind that when we talk -- when we are talking city services, this is United Water.
We are mainly talking about sewer. They will have to coordinate with United Water to
facilitate the water connection. So, staff is recommending a change to their conditions
of approval before you this evening. That condition would be 1.1.7. Basically we are
asking that that condition requires the home hook up to city services or urban services,
sewer and water, to give the applicant some flexibility. We are basically stating that
future connection to the sewer would happen as depicted in the exhibit before you this
evening and, then, we want to make sure that that connection would happen with the
development of a future phase, which is the property to the east. So, it's a little
ambiguous. We don't have a specific timeline for that connection, but staff feels just
allowing that to happen with that development in the future makes sense. In speaking
with the applicant the private system seem to be working fine at this point, so there isn't
a real concern to get that hooked up, but at least wanted to go on record and let you
know that this seems to be working. We did coordinate with Public Works, they are in
agreement with this orientation as well. Other than that timing issue that I mentioned to
you, staff is recommending approval, Commission recommended approval, and I stand
for any questions you have.
De Weerd: Thank you, Bill. Council, any questions?
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: Bill, I didn't catch this. You probably said it. On this proposed rerouting of
the sewer line into the future Spurwing Greens phase, has that phase been preliminary
platted to the extent that we know this can work and there is going to be a utility
easement where that could go through the subdivision?
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April 23, 2013
Page 17 of 57
Parsons: Madam Mayor, Members of the Council, yes, property to the east has been
preliminary. That's happened. I know in speaking with the applicant they have run the
models. He's the engineer, I will let him testify to that, but based on his modeling he
believes that this will work as shown before you this evening.
Rountree: Okay. Thank you.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: Could 1 ask to go back to a view that shows more of the surrounding
property? I think -- yeah. Thank you. Hold on that for just a moment if you would.
What I'm looking for is future road connectivity to the property to the west and it looks
like it's sort of the south end, not on the property that we are talking about, but at the
south end is that a connection? South of the property we are talking about it looks like
there is a roadway that --
Parsons: Madam Mayor, Members of the Council, this subdivision is not proposing any
stub streets, but when Spurwing Greens Subdivision -- that preliminary plat came
through there was a requirement for a stub street in this general location, if you can see
my cursor. That will ultimately provide that road network in there and connect back to
Black Cat.
Zaremba: Thank you. That was my point that this one does not having a --
Parsons: That is correct.
Zaremba: --- any connection, so as long -- as long as there is a provision for a future
connection nearby I'm satisfied.
De Weerd: We won't land lock them.
Zaremba: Good.
De Weerd: Okay. If there is no further questions, would the applicant like to make
comment? Good evening. If you will, please, state your name and address for the
record.
Semple: Yes. My name is Barry Semple. I'm with RiveRidge Engineering. Address is
2447 South Vista Avenue in Boise.
De Weerd: Thank you.
Semple: I am here tonight representing the applicant who is in attendance, if you
should have any question for him. I appreciate staff's assistance in working through one
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April 23, 2013
Page 18 of 57
remaining issue. To continue that conversation that Bill had, as you're aware the --
believe it's called Sugar Tree Drive was recently completed in the Spurwing Green No.
4 and so the sewer and water services are installed there and the stubs have been
installed to the property that's to the east of the Oak Leaf Subdivision, so we know
specifically what the elevations of the sewer are there and I have evaluated the sewer
main extension and service extension along the proposed alignment and it does work.
The sewer when it reaches the home -- existing home will be at least six feet below the
ground surface. So, this alignment just, from an engineering standpoint makes a whole
lot more sense. There is no mechanical pumping involved. It happens to coincide with
the location of existing clean out where the sewer leaves the home. There are no --
basically there is a -- there is a lawn area that the sewer service would cross, rather
than trying to accommodate a very circuitous route through extremely mature
vegetation, several ponds, just -- and, oh, by the way, there is no pumping again. I think
that's -- I think that's key. So, in short, we support the staff's recommendation for
approval. As I said, the applicant is here should you have any questions of him and
with that I will stand for any questions you may have.
De Weerd: Thank you. This is a great solution to a complex problem that was
presented because of mature landscaping and beautiful at that. Any questions from
Council?
Bird: I have none.
Rountree: 1 have none.
De Weerd: Thank you.
Semple: Thank you very much.
De Weerd: This is a public hearing. Is there anyone who wishes to provide testimony
on this item?
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: Seeing none, I move we close the public hearing on Item 8-C.
Hoaglun: Second.
De Weerd: I have a motion and a second to close the public hearing on Item 8-C. All
those in favor say aye. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Rountree: Madam Mayor?
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April 23, 2013
Page 19 of 57
De Weerd: Mr. Rountree.
Rountree: I move that we approve Item 8-C PP 13-005, subject to staff comments and
not necessarily simple solution that's being recommended.
Bird: Second.
De Weerd: I have a motion and a second to approve Item 8-C. Any discussion from
Council? 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: Item No. 8-D and E are public hearings on AZ 13-002 and PP 13-006. I will
open these two public hearings with staff comments.
Parsons: Thank you, Madam Mayor, Members of the Council. Last item on -- public
hearing item -- or the next item on the agenda is the Heron Ridge Estates Subdivision.
Again, this is located on the north side of Chinden Boulevard, approximately a half mile
east of north Black Cat Way -- or North Black Cat Road. The property does consist of
two parcels currently zoned RUT and R-1 in Ada County. It is adjacent to Spurwing
Greens or Jayker Subdivision as well. The applicant is proposing to annex in 10.10
acres of land and plat approximately 9.76 acres with an R-2 zoning designation. The
plat consists of 16 residential lots and five common lots, with a gross density of 1.65
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April 23, 2013
Page 20 of 57
dwelling units to the acre, which is consistent with both the low density designation on
the Comprehensive Plan and the requested R-2 zoning designation. The applicant is
proposing to develop the plat in two phases. Phase one would be -- would consist of
ten lots, which is located on a six acre parcel here and, then, phase two would be
approximately three and a half acre parcel and consist of the six remaining lots as well.
The property will be bisected with a future collector road that will be extended with the
project and terminate down by Phyllis Canal here. Access to phase one is provided
from North Moon Drummer Way and will, again, terminate and cul-de-sac with no other
additional stub streets given the topography in the area and, then, phase two, again, is
another extension of a street and dead-end cul-de-sac. If Council recalls, we came
through recently with a final plat that was to provide that connectivity to this project.
Those applicant -- or those property owners are still in communication and getting that
alignment and utility alignment correct as well. So, that is happening as well. But final
plat has -- is setting the stage for the extension of Jaykers and, then, also this local
street connection to phase two. Phase two won't be able to develop until access is
provided to this property, so it is somewhat predicated on Brighton finishing their phase
southwest of this property as well. Again, applicant is required to provide ten percent
open space. The open space is in the form of a passive open space lot here, eight foot
wide parkways, and, then, the collective street buffer along the future North Jayker Way,
which is terminating at the Phyllis Canal. One amenity is providing -- is being provided
with the subdivision. That is a sitting area located in this area as well. Staff realizes
that it is a disconnect from phase two, but given the topography in the area and what's
happening, it's -- it's difficult to link the two together. I'd also mentioned to you that the
applicant has requested alternative compliance due to the topography down through the
gulch here. So, a portion of these -- of the west side of the collector roadway will not
have the required landscape buffer as required by the UDC. Instead, the applicant is
providing a wider buffer for this segment of the roadway and, then, along the east side
they are providing 20 feet and in some areas as wide as 70 feet to offset the loss of that
landscape buffer on the west side. I'd also mentioned to Council that with the approval
of the Spurwing Subdivision to the south, there was a ten foot pathway constructed
along North Jayker Way on the east side and that will be constructed with this street
segment as well and, then, terminate at the gulch with a future collector roadway. The
applicant again is proposing large estate lots. Here is the type and flavor of the homes
that they propose for the subdivision. Staff does support the design of these homes.
Conditions of approval require compliance with these elevations moving forward.
Because the applicant is coming in with an R-2 zoning designation staff is not
recommending a development agreement with annexation of the property given the low
density and the types of uses proposed out there. The Commission did recommend
approval to you back in March -- on March 21st. Scott Stanfield testified in favor of the
project. There were no outstanding issues discussed at the Commission. There were
no recommended changes by the Commission. Staff has not received any written
testimony sense the hearing and to staff's 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. Any questions from Council?
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April 23, 2013
Page 21 of 57
Bird: I have none.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: Two different kinds of questions. It doesn't appear on the agenda, but it is on
the notes that you have provided for us. ALT 13-007. Is that the alternate compliance
that you were talking about?
Parsons: Madam Mayor, Members of the Council, that is correct. That is the alternative
compliance that --
Zaremba: And does that piece not require Council approval? Is that administrative
or --
Parsons: It is administrative approval.
Zaremba: Okay. So, we don't -- it's not on the agenda and I'm making sure that we
don't have to vote on it, so -- okay. So, that was separate. The other thing that I bring
up constantly is the public roadway connection to the Aldape property just north of this
and which eventually we are looking forward to having a public park on the north end of
that property. My question tonight is if this collector is going to be completed to the
Phyllis Canal, there is a significant grade change there, essentially this road goes down
a small canyon and my concern is if that road is completed to the Phyllis Canal, there is
no place for anybody to go, but onto the Aldape property, how do they turn around and
get out of there or should we add some signage -- temporary signage at the top end --
the uphill end of this that says no access to anything and that sign would be removed
when Aldape is developed. My concern is somebody is going to get stuck down there,
then, what do they do, they have to drive onto the Aldape property to turn around.
don't know if that's a big concern, but --
Parsons: Madam Mayor, Members of the Council, Councilman Zaremba, I know that
roadway -- the applicant engineer is still working with ACRD on the design of that
roadway. They are getting closer to finalize that. I know that this subdivision has not
been -- it has to go before their commission, because in order to get a waiver from their
policy the fire department and ACRD haven't required a turn around at the terminus of
the roadway as you stated, because there is no room for it. So, in order to get that
approved through ACRD they have to get a waiver from policy and have their
commission act on that. So, they are still working that out. It may be something that I
can certainly check into for you and see if ACHD is amenable to at least putting that
sign up towards the gulch. It provides no access to the development, but --
Zaremba: I'm just offering that as a suggestion, so that people don't go down that road.
Parsons: Sure.
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April 23, 2013
Page 22 of 57
Zaremba: It looks like it goes someplace once you build it and they wouldn't be able to
see that it doesn't, so --
Parsons: Correct.
Zaremba: Just a suggestion.
Parsons: Maybe the applicant can shed some light on that for you as well.
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Hoaglun: I have questions along that same vein. The future of that access point, is that
going to be a public access point for the future park down -- whenever that occurs?
Okay. They are nodding yes for the record.
Parsons: Madam Mayor, Councilman Hoaglun, that is a collector street and a public
street at that. So, it is being dedicated through a warranty deed. It's not being
dedicated with this plat, because there is multiple property owners involved that own
land along the gulch and so this land owner and the two other property owners are
working together to cost share on the construction of the roadway. So those things are
happening, but I know it's getting very close to finalizing that.
Hoaglun: Okay. Thank you, Bill.
De Weerd: Any further questions at this point? Okay. Would the applicant like to make
comment? Good evening. If you will, please, state your name and address for the
record.
Stanfield: Thank you, Mayor, Council.
De Weerd: Thank you.
Stanfield: Scott Stanfield with Mason Stanfield Engineering. 826 3rd Street South,
Nampa, Idaho. Good to be here tonight. I'm not here very often and so it feels good to
come back and I would like to thank Bill for his help on this project. I think it's very good
that he's represented the project to the south also, so we maintain a continuous project,
if you will, from south to north and I think that's very important and I commend the city
for structuring their planner to that -- to that pathway, so that's good. Nothing really to
add. Bill did a good job as usual on the staff report. We have no concerns, no issues
outstanding. We are in agreement with everything on there. So, I will jump into
Zaremba's concerns regarding the roadway down below. We did talk at our very first
meeting with ACRD, Gary Inselman, about putting in signage up top. He recognized
that we really want to get that built now versus putting it in a trust fund and maybe
Meridian City Council
April 23, 2013
Page 23 of 57
building it later, so we have teamed up with adjacent owners, as Bill pointed out, and we
are going to build now and, of course, that has inherent problems and that is a
turnaround down there. So, ACHD is amenable to the signs up top and it will be an
inconvenience until people figure that out and everybody will have to recognize that and
everybody will have to go along for awhile, but the developer will put signs up top. In
fact, we are working on that roadway design as we speak and should have that into the
highway district here real soon. So, hopefully that answers your -- the questions there.
Zaremba: Yes, that does help. Thank you.
Stanfield: Short of that, we have just tried to create some nice, big, generous lots, those
view lots look down on the river valley down below and you can see this project is two
parcels with very odd ball shapes, so it was very challenging to make something fit and
we tried to do the best we could and work within your code and with that I'd stand for
any questions.
De Weerd: Thank you. Any questions from Council?
Bird: I have none.
De Weerd: Okay. Thank you.
Stanfield: Thank you, Mayor.
De Weerd: This is a public hearing on Items 8-D and E. Is there anyone who would
wish to provide testimony on this item?
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: Seeing none, I move that we close the public hearings on Item 8-D and E.
Bird: Second.
De Weerd: I have a motion and a second to close the public hearing on Items 8-D and
E. All those in favor say aye.
MOTION CARRIED: ALL AYES.
Bird: Madam Mayor?
De Weerd: All ayes. Motion carried. Mr. Bird.
Bird: I move we approve AZ 13-002 and PP 13-006 and include all staff and applicant
comments.
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Rountree: Second.
De Weerd: I have a motion and a second to approve Items 8-D and E. Is there any
discussion by Council? Hearing none, 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.
De Weerd: Item 8-F is a public hearing on ZOA 13-001. I will open this public hearing
with staff comments.
Hood: Thank you, Madam Mayor, Members of the Council. I think it was probably my
first week taking over for Pete, staff had this laundry list of things to change in UDC.
So, we sat down and we started going through it, taking those comments that we had
received over the past several months and have compiled them in an application and
ask for you approval tonight. There aren't too terribly many of them, so if you don't mind
I would just like to run through the proposed changes real quick. I won't read all the
changes, but I do want to at least highlight them all real quickly. So, the first change we
are proposing has to do with knuckles in -- on streets. We have some complaints from
the fire department primarily, but also ACRD about the -- sometimes they are called
eyebrows in the knuckles and so those are problematic. I believe also the solid waste
folks had some difficulties particularly when people park on those and maneuvering
around and so, basically, our -- our proposed change is to remove that requirement to
separate that with the landscape island or an eyebrow is what we typically call those.
So, that's the first change we are proposing. The second proposed amendment has to
do with pathway lighting. There has been some clarification needed on when bollard
style lighting or pedestrian level lighting is needed on these pathways. Hopefully, the
UDC changes clarify that when they are not visible from a public street they need to
have lights. So, if the police department -- and that's how we are going to work it out --
we meet with -- with police and fire and parks approximately three weeks before each
hearing item and sit down and have what we call a comments meeting. So, we sit down
with the site plan and go through a proposed project together and talk through any
issues and conditions. That's how we come up with conditions for staff reports. So, we
are going to sit down together. Lieutenant Overton is typically the police representative.
Jay Gibbons is typically the parks representative. So, we will look at those and see
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where visibility may be an issue. So, if a pathway comes in and does a 90 degree turn
and it's not visible from a public street, we will look at pathway lighting for that area that
would otherwise be dark and not have the eyes on it at least from a patrol standpoint
being able to maneuver in a vehicle. I should say at any point in time if you want any
further clarification or want to talk about anything, please, feel free to interrupt me. The
third change is -- came about really a couple of fold. I think I forwarded to you all a
request from ACHD bicycle advisory commission probably three, four, five months ago
on a concern that they received and also we received at the city regarding a project
where they had installed bike racks that only came about 12 inches off the ground and
so cyclists were concerned with 1,000 dollar bikes only being able to lock their front tire.
Some had lost their bikes -- you know, the front tire was still there, but their frame and
the rear bike that the tire was on. So, the BAC at ACRD had recommended some
standards for those to basically get a minimum height so cyclists can lock their frame
and wheel and not have to carry multiple locks to lock your frame and your wheel to a --
to clock. We also looked at Nampa standards and some other municipalities for those
locations. We want them fairly close to the door. We don't want to put them right there
where pedestrians may trip or -- but we do want them fairly close to a front door, not on
the back side, so cyclists don't even know they are there or won't use them. So, we
have tried to walk that fine line of close to the door, but not right in front of the door and
we think we have -- we have gotten to that happy medium in our proposed standards for
the location of those. The next proposed change has to do with car parks for multi-
family projects --
Hoaglun: Madam Mayor? Caleb?
De Weerd: Uh-huh.
Hoaglun: Before we move on I want to back up to bike -- bicycle parking.
Hood: Sure.
Hoaglun: I want to -- number five, that addition that a bicycle parking facility is abutting
a structure and the landscape and shall be installed and maintained a minimum
clearance of three feet. So, where ever it's put it's going to be three feet away from a
tree or something like that, that part about abutting astructure -- and the reason I ask
this -- right next to where I work downtown the Ten Barrel Brew Company has opened
and they kind of have a novel bike approach, it meets the height requirements, but it is
actually attached to their building in a long pipe, tube, and it's -- and there is a ton of
bikes -- I mean they are parked boom, boom, boom, boom, boom -- well, you're not
three feet from that structure. I mean it's right up against it and I looked at it and since
it's along the sidewalk it actually works well, because the height of the bikes are going
parallel to the building, allows access, they aren't sticking out, the biker is parked -- you
know, they aren't spread out, they are actually, you know, front wheel can go in behind
the rear wheel and it works out pretty well. So, when I read that I go, um, are we
prohibiting something that might be a novel approach for -- for some of our parking of
bikes along sidewalks. So, something to think about there.
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Hood: And certainly is and if we can just maybe schmooze that out and see if maybe
there is a clarification there. Certainly the intent was we didn't want it right up against
the building and, then, you .aren't able to get your bike into to actually park it next to the
rack. We wanted some clearance of your front or rear tire, so you can actually get your
frame next to the rack, so three feet separation so you can have the middle of your bike
there. That's the intent. I don't think we thought about it being perpendicular with the
building, because that certainly -- then if you ran it parallel with the sidewalk that issue
isn't there. So, maybe we can clarify this, that when you're running them -- again, when
you're parking your bike perpendicular to the building face you need three feet of
clearance, but if you have your rack that comes out in a tube or whatever from the
building and you're still allowing them to -- cyclists to park their bikes there -- I don't
know what that clarification is, except for maybe we could add -- maybe that is it.
Where a bike rack is parallel to the face of a structure or something like that.
Hoaglun: Yeah. It's one of those things I had not seen before and when I saw it I went,
oh, that's -- that's a novel approach and it seems to work, so just something to think
about in number five, if you want to move it forward on the --
Hood: And we can -- I guess I will just know it is code and we are charged with
enforcing this. However, the intent certainly is when we get someone that does
something outside the box and meets the intent of the code, I think we have some
wiggle room there and we did try to leave it where we do have some standards, but we
didn't want to have -- we didn't -- and some of the recommendation was have them build
that rack or have them build one of these three racks and, well, we don't want to do that,
we want to leave their -- you know, if they want to make it a piece of art and yet also
functional, that's fine, but we wanted to have some minimum standards in place. So, we
-- except for that one you just called us out on, we thought we did a pretty good job
coming up with something that would make everyone happy, but, yeah, maybe we can
circle back to that if anyone has any comments on either way, seeing that up or, again,
our interpretation of that would potentially allow us to move forward with that allowance.
One of the big ones that we had talked about at staff level and heard a lot from the
development team is our requirement to have two covered car parks in two and three
bedroom multi-family units. What we -- what we found is that we were getting a lot of
push back from multi-family developers. In fact, I have two letters that are in support of
our proposed text amendment this evening regarding this section of the ZOA. There is
a couple of reasons that they list and maybe if I just real quick -- so, Matt Swain from
Perry and Associates provided a letter and the architect's office John Price provided the
other one, although they are just a sampling of some of the comments we have
received from architects and developers on this issue. The first one that we heard over
and over again -- I think staff has even pointed this out to you in the past -- is they take
away carports particularly, garages maybe not so much, but carports and garages to a
certain extent detract from the esthetics of the building. There is a lose of investment
going into a building and our current requirements require two car parks for two and
three bedroom units being in this enclosed carport or enclosed garage or a covered
carport. So, in talking with some of these developers and, again, looking at other
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standards throughout the United States, we thought paring that back to still having two
car parks required for two and three bedroom units, but only requiring that one of those
two be in a carport or garage and the other one could be a surface parking stall, allow
some view corridors into projects, you can actually see the architectural design of the
buildings and/or landscape -- you know, there are view corridors that maybe can be
maintained. The other thing that we heard from -- from at least one of these architects
is -- and I would have to somewhat disagree with one of these architects -- they do tend
to work better in parts of the country where you have extremely hot and extremely cold
temperatures, which we do sometimes. I mean this winter if I were parked outside
during the wintertime you either have to go out early and start your car ten minutes early
and scrape your windows or keep it in the garage and so for a lot of these -- a lot of
people in apartments they don't have the ability to -- to park indoors and so one of the
comments is that's really not an issue in this area. Again, I don't know that I necessarily
buy that side of the argument so much, but functionally we think having one out of the
two, that still allows a primary vehicle and a residents to be parked in some either
secured or enclosed or covered structure and a secondary car for a teenager or spouse
or whatever would still need to -- there would still be a spot for it, but it may or may not
be covered. So, that is the -- the proposal we had. Again, that's basically -- I won't say
a battle, but it's definitely a discussion we have with -- across the board with all the
developers and architects about our current standards and it being pretty heavy
handed. So, we have set that back half of a step, didn't really change the number of car
parks, but we did change our allowances to at least allow one of them to be a surface --
and Iwill -- again, that's a minimum. If they want to still provide both of them in a
garage or carport, certainly we would consider that in changing the minimum. So, I
don't know if anyone has any comments on that point, but that was a pretty big one that
we heard from the development team.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I would comment -- and, actually, your assessment matches my comment.
was on the committee that put that provision into the UDC and our discussion was along
the lines of safety for the motoring public. Sometimes people don't go to the effort to
clean the snow and ice off of their windows before they jump in their car and get on the
public roads and I occasionally see cars driving around where I wonder how the drivers
can see where they are going and certainly feel they are unsafe to themselves and for
me as they are driving around. So, that was the discussion that got the carports as a
minimum into the original UDC. I have no problem with the discussion of whether it's
one primary car or both of their cars or whatever, but you did -- you did make the point
that the committee made when we made that a requirement.
De Weerd: Okay. Thank you.
Zaremba: Thanks.
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Hood: So, moving onto the next proposed change. This one has to do with sound
attenuation walls for self storage facilities. We have had some difficulty in having a
developer prove or do the engineering that the sound wall actually does attenuate the
sound, so rather than going to this expense and effort to have a wall, which probably
doesn't do what it's intended to do, a lot of times you will get reverberation off the wall
and off the building and it goes back over the fence you were trying to avoid the noise
from going over in the first place or for the self storage facilities they are pretty low
impact, so the noise typically is, you know, during business hours, weekends, those
types of things and it's -- you know, you hear roll-up doors occasionally and some cars,
but it's not overly noisy. So, we think with some fencing and landscaping we can,
essentially, provide some of that buffering and necessary mitigation for adjacent
residential uses without this requirement for a sound wall being put there. Again, it
probably doesn't -- in theory it sounds good, but in practice I don't think they work in this
particular instance, so -- and, again, it was a big thing of having them prove up this
sound wall that does that and we don't have any standards that say -- and, then, on the
other side of this wall what's the measurement for sound. Is it absolutely zero sound on
the other side of the wall? So, without getting into a lot of details of what the wall has to
do -- a sound attenuation wall doesn't really mean a lot. So, again, we are just
proposing some dense landscaping and fencing to -- to meet the intent of that. So, I
see some looks on some faces, so maybe I will pause there and see if there is
comments or concerns about that proposed change.
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Hoaglun: I was curious. The setback for the building to the property line is ten feet from
-- if you were to put a storage unit on the back side -- for some reason I think it's ten feet
to the property line; is that right?
Hood: So, Madam Mayor, Councilman Hoaglun, it's going to vary by zoning district. In
residential districts that's going to be the --
Hoaglun: That's right. That's --
Hood: A lot of these are in commercial districts and so you're looking at a 25 foot
separation if they are in a commercial district to any residential districts and that would
be more of a shed. This would be more a storage unit complex I mean kind of what this
-- aself-storage facility is, so that would be more a for profit type thing and a separation
there. And, typically, they are going to be designed where they are going to have a
drive aisle there with roll up doors, so, you know, you're 60 feet from a property line, so
with your landscape buffer, your drive aisle, and, then, face of a roll up door or multiple
roll-up doors --
Hoaglun: Here is where I'm going with it, though. You flip that, you have the property
line, you have the landscaped area, you have the back of the storage unit, the storage
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unit itself and the drive aisle is located on the other side of the -- and we are going to
require a 25 foot -- in that scenario a 25 foot landscape buffer -- if you were at ten feet
or less, there is not going to be much sound from that side, because the whole -- and
where I'm thinking of is, this particular storage unit I was helping afriend -- it abuts
residential, but it's in the county, so I didn't care. No. But there is, you know, very low --
I'm sure there is sound, but I didn't know if -- it depends on the design if that -- or if we --
it's hard to -- hard to draw those all out. You got to make something fit, I guess.
Hood: And, Madam Mayor, we were -- we were trying to accommodate for the worst
case scenario here. We do have that drive aisle and roll-up doors facing the residential.
Certainly most of them do have, like you're talking about, it's internal it's two sided and
access to the units and they don't have the perimeter drive aisle, but that is a design
choice and depending on the size of a property they could potentially have a drive aisle
there. But, again, even then most of them aren't too -- they aren't as bad of a neighbor
as some of our other commercial users can be, so we think this, in most all instances,
should provide enough of a -- without going over the top, provide enough of a
separation in those uses.
Hoaglun: And if I'm in the residential area -- portion of it, having a 25 foot landscape
buffer certainly looks better, even if it's no concern about the sound, it makes it look
better, so --
De Weerd: Any other questions from Council on that?
Bird: I have none.
De Weerd: Okay. Caleb.
Hood: This is my last proposed change, but it's a biggie, at least in our discussion. We
probably spend more time on this one as staff and developers and any of the other ones
probably combined, although the bike rack is one we spent some energy on as well.
This one has to do with -- I'm sorry, I have two. The first one has to do with daycare
facilities and conditional use permits being transferrable from one proprietor to another,
not taking your daycare license and moving it somewhere else, but someone else
coming into that same location where a CUP was approved previously and you
operating that existing daycare and allowing that. Currently our code conflicts. One
section it says CUPS are transferrable from one owner to another and, then, in the very
bottom it says change in ownership of a daycare facility requires a new CUP
application, which didn't make any sense to us. It's the same business, just a new
operator. So, they will still have to do all the background checks and all that to do -- to
operate that business, but going through the CUP process, the planning side of things,
didn't make any sense. So, we are just proposing to allow someone to buy that
business or transfer that ownership of the CUP rights for daycares. So,~ I apologize
had that one as well. The bigger one was a block face -- the maximum block face
length. This was one where measurement and interpretation and application was a little
bit -- we were a little bit inconsistent I guess I probably should say in the way we were
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applying the code. So, what we came up with is, essentially, a hybrid between what we
had on the books about two years ago and what's on the books now in the UDC for
maximum block length. What we proposed does reinforce our current standard of a
maximum 750 foot block face length, but it does allow special provisions that would
break up that block face. So, pedestrian pathways are open space -- excuse me --
other provisions like a 90 degree turn when you also provide some pedestrian
connectivity can constitute a break in block face and we did cap that at 1,200 feet
maximum. I do have one comment from Becky McKay on that and that's a concern of
hers -- although I cannot think of one instance in the city, one piece of property today
where with this standard you couldn't develop the property because of our max --
proposed standard to use a maximum block face of 1,200 feet, again, because you can
do a 90 degree turn in a roadway and constitute a block face length -- maybe I should
just pause. I mean a lot of the -- there is really two folds for our maximum block face
standards. One is connectivity for vehicular -- for vehicles and pedestrians and that's --
that's probably a bigger one than most people get caught up on. The other one that we
look at is really traffic safety and having these long, straight roads where even though
it's posted 25, people are going 40 in residential neighborhoods. So, this allows turns in
those or intersections where people -- drivers tend to slow down regardless of what the
speed is posted. So, having that maximum block length means that you're going to
have either intersections you're constantly going through and, again, you tend to slow
down and look both ways or pedestrian crossing or turns in the roadway and, again,
those curvilinear people tend to slow down. So, that's really the intent behind the code.
That being said, we did -- we did have some allowances in here where you can go up to
a thousand feet if you break up a block with like a mid block pedestrian micro path and,
then, up to 1,200 feet in length when you're abutting like railroad tracks or a canal and
it's really not feasible or practical to get either a roadway or a pedestrian crossing
across. You can go up to over a quarter mile. And, again, looking at citywide I cannot
think of an instance where this proposed standard would preclude anyone from
developing the property or even developing it efficiently for that matter. You can -- you
can bring in cul-de-sacs and connect those together with micro pathways and still have
some pedestrian connectivity. Anyway, there is some design things that one can do on
all properties. So, while I appreciate Becky's comment, I think we can get there within
the confines of the proposed text and I think we did some work on this and I'm pretty
proud of actually our solution to this issue and with that, Madam Mayor, Members of the
Council, I would stand for any questions you may have.
De Weerd: Council, any questions at this point?
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Hoaglun: This last one, Caleb, just thinking through this, that 90 degree turn in the
roadway I guess if -- if Heron Ridge Estates that we just approved as a preliminary plat
-- annexation and preliminary plat, that had been a third of a mile through that gully,
valley, canyon, whatever you want to call it, then, they could have broken that up with
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that 90 degree turn and met the requirement? Because, otherwise, you're not -- you
don't -- pedestrian access isn't an issue, I mean you couldn't provide that, different
things like that. I mean that's aminor -- I mean just one example. I'm just thinking as
we move south -- as the city moves south we do get into some hills, so it's -- the
topography definitely has an impact on -- on things, on how they are laid out, so --
besides, engineers and designers, they want -- they just -- they are tired of doing cookie
cutter stuff, they want to do the exciting stuff now; right? So -- you want some
challenges. But would that work, if that was the situation at Heron Ridge, a 90 degree
turn?
Hood: Yeah. Madam Mayor, Councilman Hoaglun, I do think -- I mean if you didn't
have that collector roadway going through there, you couldn't even tie the -- again, the
cul-de-sacs in that situation basically across Basco Lane. And so you still allow a
pedestrian crossing there and you would have -- it's hard without having it on the map.
Yeah. A 90 degree turn constitutes a break in that block face. The thing we are going
to be looking at -- and, again, it's case by case, is is this appropriate or not. Is 90
degrees the right solution for that problem or not. This just says you can do it. Staff still
has the leeway to say, well, what about if you did this or with their design professional
kind of work through and see if it's the best design possible. So, it's -- the 90 degree
thing just allows an out. If there is no other way -- if you're -- if you have got a mile
along the railroad tracks and there is nothing else you can do, you can at least do a 90
degree turn and continue on for another quarter mile and drop it down 90 degrees and
-- at least that provides some break and you're not just a mile straight parallel with the
railroad corridor. So, that's -- I'm not saying that's the greatest design, either but that at
least allows the flexibility when there is no opportunities to go south, east, north or west
with other properties, so --
Hoaglun: Okay. Thank you.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: On the same subject and since it was Ms. McKay that -- that brought up this
one opposing subject, I'm remembering a project that she brought in and the issue was
that we measured the block length in some manner that actually incorporated three
sides of a block. It had something to do with -- we started counting if there was an
intersecting roadway or something like that. So, I understand her issue and I agree that
if say if there is a 90 degree turn that stops the -- that stops the measurement and that
would have solved the problem that she had in the one that I'm remembering, because
you were only measuring one face and not three sides of the block until we ran into
something else that we were measuring from. So, I think the 90 degree solves that. My
second comment would be where this would come up is on a preliminary plat, I think,
and a final plat and in general if you needed a variance you could apply for almost
anything on a preliminary plat -- what I'm saying is I don't think we need to add those
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words, because it -- I'm not saying you'd get it, but you can apply or do we exclude even
applications on some things?
Hood: Yeah. Madam Mayor, Councilman Zaremba, yes, we do not -- and that's where I
said at the very beginning of this section of the discussion, we have been fairly
inconsistent in our application and even enforcement of this. I do believe we have
processed variances for block lengths before, but state law doesn't say a variance is the
right tool to get there. Our code also doesn't -- a variance is not the right avenue to get
a waiver or a variance to your block length requirements. The code is the code. This
isn't one of those things like a setback or the height of a building or something that you
can ask for a variance to. So, even if we added it to this section we'd have to go into
our variance section and I would defer to Mr. Nary and see how consistent that is with
state code even on what you can apply for a variance for. State access to a roadway or
something, you can ask for a variance to. Block length is not one of those, so -- at least
not currently. But -- and if I can just on your flip point, the pods, I mean that's the
common -- that's what they call those where it comes in off a collector and does like a
lollipop around and comes back out. Yes, our block face is measured from an
intersection, but the 90 degree turn helps that, so you can still do that pod concept in
this code. Again, as staff we are still going to be looking at those going is there -- do we
still need some connectivity, though. Is that still appropriate. Yeah, for the block length
maximums you might be there, but is it still a good design. I mean how big is your pod
and how would someone get to the adjacent pod -- how far do they have to drive out of
their way -- that's a separate section of our code. This just deals with, again, primarily
those two things I pointed out earlier, the long, straight stretches of roadway and
interconnectivity, so -- and pedestrian interconnectivity, too, with multi -- with -- or our
pathways -- our regular pathways. So, you know, you got a variance if you want to talk
about that some more. I don't think it's appropriate to add that in here, again, because it
conflicts, but --
Zaremba: Okay. Now, I --
Hood: -- that was a comment.
Zaremba: -- I wasn't intending to open a whole new avenue of legal and stuff like that
and I think in the issue that we have in front of us, I think establishing the 90 degree turn
is where we stop measuring anyhow, so -- appreciate your work on that. Everybody's
work on it.
De Weerd: Okay. Anything further, Caleb?
Hood: If I may, just pick up on Councilman Zaremba's comment, I do want to thank staff
and, again, the development community that helps us come up -- make our code even
better than it is now and -- I know it's ever changing and we get called on some things
all the time, but I do appreciate people that -- that submitted support letters or comment
letters to this effect and worked with us on coming up with these standards. So, other
than that, Madam Mayor, no. Thank you.
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De Weerd: Okay. Thank you. Council, any questions at this point?
Bird: I have none.
Rountree: I have none.
De Weerd: This is a public hearing. Is there any testimony on this item?
Stanfield: I'm here at the right place at the right time.
De Weerd: Absolutely.
Stanfield: Scott Stanfield, Mason Stanfield Engineering. 826 Nampa, Idaho. 826 3rd
Street South, Nampa, Idaho. I want to go to the carport issue real quick. I have done a
lot of apartment complexes, multi-family in the valley, and the carports are creating an
issue with your public works departments water and sewer easements. Because you
can imagine on the drive aisle side we have our utilities in there and the sewer
easements are X many feet beyond the sewer line and happens to be below the
carports. So, public works is, you know, waving, well, we can't have the carport inside
the easement, well, then, we are short on the carports, because of the requirement I
can't make my drive aisle 20 feet wider, so I have a lot of asphalt. So, I welcome that
decreased carport. It allows you to cluster them and decreases the impact to public
works.
De Weerd: Thank you. Any questions from Council?
Bird: I have none.
Rountree: Not at this point.
De Weerd: Okay. Thank you.
Hood: Madam Mayor, if I can, just -- thank you, Scott, for that comment. Not only is it
public works, it's also fire has some similar concerns about access to the fronts of
buildings and typically what we are getting is structures in front of those buildings and
they need access as well. So, I failed to mention that in my presentation. It was in my
notes, but I'm sorry I failed to mention that in my verbal, but both public works, their
service lines, and fire for access also support this amendment, so --
De Weerd: Thank you. Any further testimony? Wow, it's pretty impressive.
Rountree: Good job.
De Weerd: Council, any questions for staff?
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April 23, 2013
Page 34 of 57
Bird: I have none.
De Weerd: Okay.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: No further public testimony, I move that we close the public hearing on Item
8-F.
Bird: Second.
De Weerd: I have a motion and a second to close the public hearing on Item 8-F. All
those in favor say aye. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Hoaglun: Madam Mayor, before we make a motion, I wanted to find out from Caleb --
Caleb, under that bicycle thing is there some language that we can come up with on the
fly that kind of covers that -- that deal? Not that anybody in Meridian might be utilizing
that right away, but there might be and it seemed to work out slick and I don't .know if
there is something -- or if it's something we could just address later when the time
comes, but if there is -- I think you understood what -- what the issue was and so I don't
know if there is something we can come up with that kind of makes that -- makes that fit.
Hood: Madam Mayor, I apologize, I wasn't able to think on the fly and give my
presentation, too, so, you know, again, I think that -- unless perpendicular from a
building -- we can put that in there or we could even get unless otherwise approved by
staff or something like that even in there. That gives us some flexibility to -- to look at
that and that may be a little too much flexibility, but it still allows us to work with them
and at least the intent of that is still there and we can work with them on -- on meeting
that to make sure we can get the bikes in there to actually park them.
Hoaglun: Right. And, Madam Mayor, I was trying to play around with that -- unless bike
parking facility is affixed to the building and allows parking parallel to the building,
something like that. Just something that gives that description that there is another way
to do this, but if you do it this way we will probably allow you to do it, so -- something
along those lines. But I'm not -- I'm just a city councilman, 1 don't do planning and
zoning stuff like every day.
Nary: Madam Mayor?
De Weerd: Mr. Nary.
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April 23, 2013
Page 35 of 57
Nary: Madam Mayor, Members of the Council, Council Member Hoaglun, we have to
bring it back in the final form, so we do have another shot at maybe some wordsmithing
of that and I do think we are talking -- I think it's really just trying to figure out if we -- if
adjacent gets us there, if abutting or perpendicular is more appropriate and it's kind of
the same as Caleb, (think -- I think this probably -- is probably one or two words or if it's
up to me 12 or 14 words that will fit in there just fine and make it make sense. But I
think -- we get one more crack before we bring it back to you and we will make sure we
point it out when we do.
Bird: We are not going to vote on the final now anyway, but --
Hoaglun: Okay. That will be good and I'm glad we don't pay Mr. Nary by the word.
Bird: We would be in trouble.
De Weerd: Anything further from Council?
Bird: I have nothing.
Rountree: Madam Mayor, is a motion to be made to move it forward? I so move.
Bird: Second.
Rountree: With the clarification on the bicycle item point five point whatever.
De Weerd: Okay. Any discussion on the motion? 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.
Item 9: Department eorts
ayor°s ice: esolution o. 1®920: poining rin
Schreiner to eat of the eriian Arts Commission
De Weerd: I don't think I needed a roll call on that, but just thought I'd do it anyway.
Item 9-A is Resolution 13-920. Council, the chair of the Meridian Arts Commission and I
conducted interviews of the interested applicants and in front of you is -- is certainly my
honor to bring you Brian's consideration -- name in consideration for Seat 4. He has
been volunteering and participating on a regular basis on the Meridian Art Commission.
Certainly would be a valuable asset to the Commission. He has a strong interest and
certainly has already exhibited his dedication. So, I would ask if you have any
questions. If not, I would appreciate a motion on this appointment.
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April 23, 2013
Page 36 of 57
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Hoaglun: Let's see, Brian has been involved with the Meridian Arts Commission and I'd
like to make a motion that we approve Resolution 13-920 appointing Brian Schreiner to
Seat 4 of the Meridian Arts Commission.
Bird: Second.
De Weerd: I have a motion and a second to approve Item 9-A. 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.
Donation o ire epartment (tams o Idaho Youth anch
C. Resolution IVo. 13-921: esolution Authorizing the ontion
of Household Items o the Idaho Youth anch
De Weerd: Item No. 9-B is under our fire department, so I will turn this over to chief.
Palmer: Thank you, Madam Mayor and Council. We recently replaced the mattresses
and box springs that were due for replacement at two of our stations and we are
recommending that we donate those to the Youth Ranch.
De Weerd: And I don't want any jokes about mattress backs or anything like that. Any
questions from Council?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: You want to do the resolution now or am I ahead of you? I'm ahead of you.
De Weerd: You're ahead of me. If there is nothing further certainly you can.
Bird: I move that we approve Resolution No. 13-921.
Zaremba: Second.
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April 23, 2013
Page 37 of 57
De Weerd: I have a motion and a second to approve Item 9-C. If there is no questions
from Council, Madam Clerk.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
. arks and Recreation eprtment: Fiscal Year 2013 uge
endment Regarding Generations lz ter Feature
emoel fora of-to- xceed Amount o $14,500.00
De Weerd: Item No. 9-D is our Parks and Recreation Department. Mike.
Barton: Madam Mayor, Members of the Council, the -- we have a budget amendment
before you for approval and it's to deal with the -- the downtown fountain in Generations
Plaza. When the fountain was originally installed it was intended for a -- as a decorative
feature and as the downtown areas become more active with people during the summer
months it's become a recreational water feature. The current sanitation in that fountain
will kill most organisms that -- it has a chlorine eroder, but it will not kill Cryptosporidium
and over the last couple of years, as I'm sure you're well aware, we have had outbreaks
in the valley and we have placed signage in the plaza to deter people from using that
water for recreational purposes and -- and every day we still see a lot of people using it.
So, the budget amendment that we have before you will pay for the initial design and a
statement of probable cost to see what it will take to get that -- that water feature up to a
safe standard. Our proposal will be to remove all the components out of a vault there
that staff has to enter to perform service. We will add a chlorine generation unit, better
filtration and ultraviolet light, which will kill Cryptosporidium. So, with that I will stand for
questions.
De Weerd: Thank you, Mike. Council, any questions?
Bird: I have none.
Hoaglun: Madam Mayor, just ask our legal counsel is this what they refer to as an
attractive nuisance?
Nary: Madam Mayor, Members of the Council, definitely it is an attractive nuisance. I
mean recreational immunity does apply in all of our park facilities for people using any
of our facilities for their intended purpose, but it does seem to make sense to make sure
it's at least as reasonably safe as possible for the public.
Hoaglun: Thank you.
De Weerd: Okay. If there is no questions from Mike, I would entertain a motion.
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April 23, 2013
Page 38 of 57
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I move we approve the 2013 budge amendment regarding Generations
Plaza water feature remodel, for a not to exceed amount of 14,500 dollars.
Rountree: Second.
De Weerd: I have a motion and a second to approve Item 9-D. If there is no
discussion, Madam Clerk.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Public orks: City Hall Water Feature Update
De Weerd: Item 9-E is under our Public Works. I see, Max, you're up. You call that a
prop. All exited to hear about this.
Jensen: Madam Mayor and Members of the Council, I stand before you tonight here to
provide you an update on the City Hall water feature progress.. As you can see, we
have -- we have got the planting feature and we having been looking at planting -- all
the plantings and everything and we started to dig into the -- the weir that the water
actually comes out and collects into the pools and when we started removing the brick
where the weirs were there was -- there was water that kind of gushed out from the
parts that broke, so we continued on taking that apart, but there was water trapped
behind that brick. The more that we -- we looked into it, the -- the weir basin, as the
original plan shows, it's supposed to be cast into concrete and the weir basins were not
cast into concrete, they were -- there was a block out in the concrete where the weir
basins were going to be, so that created a potential water collection, the penetration
water, and also in the concrete. Those weir basins were also held in place with post-
installed noncoated metal angles. The weir basin was also supposed to be made of
aluminum with welded joints to prevent leaks. As you can tell, this is not aluminum.
These are pieces of --
De Weerd: It looks like a rain gutter.
Jensen: Yeah. These -- these are pieces of material that's very similar to a rain gutter.
And joints here and calking are every joint and connection to prevent the water from
leaking out, but calk only lasted so long. So, the water leaked through these
apparatuses, also to the pipe that was cast in the concrete. The uncoated metal clips
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April 23, 2013
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that were holding this up as you can tell rotted off, eventually, it's not caught and that
rust is going to start coming out the front wall. So, staining the concrete on the front.
So, the piping to the rear basin, which is supposed to also be cast in concrete, there
was supposed to be one piece of pipe coming up with a threaded connection that
comes out into the same steel weir. The pipe and the fitting vary some with what the
plans call out. The last piece between the pump and the pipe to the weir basin is a
flexible rubber material, as you can tell, so it's flexible. The pipe that's in the concrete is
rigid, so when you take rigid and you glue it with a rubber material. Over time shrinking
and expansion pulls these and it breaks apart. So, part of the issue was with that joint.
Nor can we verify the -- the water stop that was supposed to be installed with that pipe
that's in the concrete because of the fact that's cast in concrete, so the water stop is
supposed to prevent the water from coming up the pipe at the connection and there is
no way to verify that at this point, because it's cast in concrete. So, it was very apparent
that water was collecting in the weir basins from the -- from the joints from the
construction, from the different materials that were glued together that were all
supposed to be one piece, so that's why things are on hold out there currently and we
are moving forward to address these unforeseen items. We are going re-pipe the weir
basins. Bring this pipe on the outside of the wall, up against the wall, and penetrate it
back through the wall where the existing weir basins are, due to the fact that we don't
have -- we don't know the conditions of the pipe that are actually installed in concrete.
All the connections are improper as well. And using the new materials is one less worry
about leaks. The re-piping on the outside of the wall will have a formed metal rigid
material around them, similar to appearance of a -- a ten by ten inch column the length
of the pipe. So, that would come up to about this tall up on the outside face of the wall.
Where this is going to occur also is a -- the location of the benches. So, that also will be
nice also, because that column will extend about 18 inches above the bench. So, most
of it is going to be behind the bench. So, once again, this will only protrude ten inches
out from the wall. We will have the -- the weir basins fabricated and connected properly
to the new piping. In the end we will come back and fill the void around the weir to
prevent the potential of water collections and penetrations. Portions of the additional
unanticipated work, as well as any future unknowns is difficult to predict for existing
conditions and may need to be updated as we progress through this process. The
additional work described to you tonight may range in the 20 to 30 thousand dollars and
may cause a six week delay before completion of this project, because of the fact that
we have to get on the fabricator's schedule now to construct these, not knowing exactly
how much of a load that they have it could potentially be delayed by six weeks. We
were looking at being completed by the first week of June. This would put it out to mid
August. Once, again, that depends on the fabricator's schedule.
De Weerd: Thank you, Max. I have just all kinds of comments that I could probably
say, but our attorney might get after me. I would like to know can we mail this to
someone.
Nary: You certainly can.
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April 23, 2013
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Jensen: I think Bill said he had a water feature he was going to create in his backyard
and he wanted to use this.
Nary: My model for the backyard.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: What are we going to -- are we going to have ten vendors fabricate this out of
aluminum? Who is -- what trade is going to do it?
Jensen: Well, we will put it out to bid. I mean we could get --
Bird: It will be -- I mean, man, I think we could get it within six weeks. This is getting --
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Hoaglun: If we -- this delay as you mentioned, we have our first Concert On Broadway
coming up June --
De Weerd: 22nd.
Hoaglun: -- 22nd. Something like that. Somewhere in there. 22nd I think it is. You're
right, Madam Mayor. So, as I understand, that water feature won't be operational,
which is fine, because you turn it off when you have that, but it's not going to be a
construction zone, is it? Because, you know, we will have a lot of people on the plaza
and it will be something that will be safe?
Jensen: It, basically, won't look like -- it won't look like a construction zone. It's
basically called out at the point that it is right now because of the fact that we have to
get these back installed. We are not certain as far as what the design actually is going
to entail to do all the piping work. It's scheduled here to get these back installed, fill it up
and, then, put a barrier until these are in and the brick around it is laid, so we will come
back two or three different times and if the color is not matching, the texture is not
matching like they do it all at the same time.
Hoaglun: Okay. Thank you just for consideration. Keep in mind June 22nd is the first
Concert On Broadway, so just want to make sure it's not -- you guys are -- if it's like it is
now I don't think that should be a problem.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
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April 23, 2013
Page 41 of 57
Zaremba: Two questions. The first -- I'm not sure I was following the discussion about
the pipe that will now need to be outside of the concrete structure.
Jensen: Correct.
Zaremba: Is that going to be on the front or what I would call the visible or is it going to
be on the back where the planters are?
Jensen: It will be on the backside, so as you exit these doors that wall -- that back wall
face is where that would be.
De Weerd: The visible side. The visible side.
Zaremba: You will see --
De Weerd: Yes.
Bird: But it will look nice. It will look like a column.
Jensen: They will be capped off just like the columns. It will be the same color as the
wall. Blend in. It will look just like a column.
Zaremba: I appreciate that.
Jensen: So, most of it's going to be hidden by the benches that are just right there as
well, so --
Zaremba: Thank you. Second subject. I don't know if I can volunteer him, but it would
be worth asking. Our parks department has a very creative metal fabricator.
De Weerd: Maybe not as creative as this.
Zaremba: Well, yeah, not as --
De Weerd: He might do it right.
Bird: Don't even go there.
Zaremba: But I just wonder if it might be worth asking if -- if he might be able to do
something quicker than somebody else could or if it's even possible. Maybe Mike can
shed some light on that.
Barton: Madam Mayor, Councilman Zaremba, we currently -- we don't have the ability
to weld aluminum at this time.
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April 23, 2013
Page 42 of 57
Zaremba: All right. Thank you.
Hoaglun: But the governor took lessons. Maybe we could ask him. No. I guess not.
De Weerd: At this point we can only laugh. I mean --
Nary: But there are four of those, Madam Mayor -- you have off line four addresses to
get of those, you can certainly do that.
De Weerd: I'd say one at the district level and how many?
Rountree: Five. At the -- any further questions from Council?
Bird: Let's get her going.
De Weerd: Thank you for that wonderful update. We will not kill the messenger.
Jensen: I appreciate that. Thank you for your time.
Bird: Take your part with you.
Zaremba: Thank you for the visual aid.
Bird: Maybe we can use that as one of the yard pieces over here or something.
Community evelopen: i cussion Regarding Placement of
Final Plats on the City Council ~4genda
De Weerd: Okay. 9-F under our Community Development Department.
Hood: Love to follow this one -- that one up with this report. Madam Mayor, we have
had some requests from some of the development community. In fact, one of them is
still hanging out with us. Mike Wardle is still here. He has asked us to look at the
consent agenda for -- specifically for final plats, although I have explored with Jonathan
Seal at least having the dialogue of maybe other potential projects that are -- that might
be good candidates for a consent agenda that aren't final plats. So, what we are asking
you tonight is to consider maybe having a consent agenda for final plats in which the
staff and applicant are in agreement with the staff report and the conditions of approval.
It would help facilitate some of your meetings where staff is giving a presentation on
something you have already approved at the preliminary plat stage, the conditions of
approval are really just reiterating the applicable conditions from your preliminary plat
and I don't have a percentage, but nine times out of ten there aren't any issues, yet we
still go to the effort of giving a staff report, the applicant coming up or at least nodding in
the audience saying I agree with the staff report, even though we may have something
in writing from them already saying they agree with the staff report and have no issues.
So, we have had the request. Sometimes they can sit through proclamations and other
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April 23, 2013
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things here and it gets to be late in the night. We would still advise them to come to
those meetings when their applications are on a consent agenda if we go this way, just
in case the Council has questions and wants to talk to them or maybe someone from
the public is here and questions need to be -- need to be asked and answered. But we
would like to explore this as at least the city of Boise as been somewhat of a model in
this regard and use it in a similar way, although I understand they do it for other types of
projects, too, where applicants and staff are on the same page. But, again, I would
request that we explore a consent agenda for final plat. I don't recall having this
discussion with you before, but we had been getting new requests again to -- as our
agendas become longer and we see more development activity the request has been
made by a couple of different parties at least to see if the Council wouldn't be agreeable
to considering a consent agenda for final plats and probably pause there and see what
comments you may have and, then, if you're -- you think it's maybe a go I would explain
a little more details on how that would work.
De Weerd: Thank you, Caleb. You know -- and, Mike, it really is a ruse to get more
people attending those City Council meetings, so -- Council, any questions?
Rountree: I don't have any questions, Madam Mayor. I think it's a good idea.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I do think it's a great idea. The -- the piece that I usually listen for in the
presentation about final plats is this is significantly the same as the preliminary plat and
I guess the only question that raises, if it's significantly the same, then, staff would put it
on the consent agenda, is there some level that you have in mind of where it's not
significantly the same that it -- that it would be on the agenda, but not the consent?
What's your concept of where that dividing line is?
Hood: Yeah. Madam Mayor -- so, if I can, since just a couple of you seem to like this
idea, what we would do is give what I would propose to our staff is we move up our
deadlines for having our staff reports finalized and over to the applicant to give them two
business days to review the staff report and comment back to us. That would
correspond, then, with the clerk's deadline to set the Friday -- Friday agenda, so they
can go out the door. So, basically, close of business on Tuesday we would have staff
reports to the applicant, ask them to respond back to us by close of business on
Thursday. If we don't hear from them or if they have issues, if it's not in substantial
compliance or they have issues or we don't hear back from them, we will put it as a
regular agenda item. Now, we may hear back from them in between Friday and
Tuesday and we can -- but we will still give a little staff report and say we just didn't hear
back from the applicant, staff and the applicant are in agreement or we heard back and
these are the issues with the project, but the only way it lands on the consent agenda, if,
in fact, staff and the applicant consent by the time it goes to print. That's how we would
propose this work. Our hopes would be is that it lands on -- and, again, the two parties
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April 23, 2013
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that I talked to -- Jonathan Seal was the other one that I talked to and Mike Wardle --
both committed to have 48 hours is typically more than enough time for them and
seemed reasonable to get the staff report and respond. But if by chance they respond
and -- you know, that same day and they re-read it over the weekend and they say, oh,
didn't read that one right, oops, they are requiring this, there is still an opportunity to
come on Tuesday night and say I want that off the Consent Agenda, I need to talk to
you about a condition. So, there is still that opportunity to go through that or if Council
has a question or concern we can certainly pull it off. But, again, 90 percent of them I
think we will be able to get through on a consent agenda. That's how I would at least
like to pilot this and see how it works. There may be some other way that works better
as we get into this and say, you know, we need to tweak this or let's put them all on the
consent agenda and we only take them off if -- I don't know. But this seems to be the
best way. So, I hope that answers your question. It doesn't -- just to be clear, it doesn't
get even scheduled for a recommendation for approval if it's not consistent with the
preliminary plat. Staff has to make the finding that it substantially complies with the
layout from the preliminary plat or there is going to be issues and it would not be on a
consent agenda, so --
Zaremba: That's confirmation enough for me. Thanks.
De Weerd: Any other questions from Council?
Bird: I have none.
Nary: Madam Mayor?
De Weerd: Mr. Nary.
Nary: Madam Mayor, Members of the Council, one other -- one other thought to
consider is that there are circumstances occasionally -- and I'm glad the way Caleb
phrased it -- that people might not get back to the staff as quickly as they should, but I
think it needs to be at least at the outset for the staff to strongly encourage the folks that
need to respond timely, so that we can set the agendas appropriately and not to wait
until Monday or Tuesday thinking, well, I will just come and ask you to move it to the
consent agenda on Tuesday. That will -- that really gums up how the meeting is set to
go and so we recognize that there are certain occasions where it may make sense,
even though it's set on a regular agenda, to move it to consent on a rare occasion, but
at least -- I think once people understand that they just need to be timely and we can --
we can accommodate the consent request, I think it will probably flow fairly normally all
the time. But I just wanted to bring that up, because sometimes when we agree to
move things to the consent agenda sometimes we have had people sort of wait until the
last minute thinking we will just do it for them all the time and that would really make it
more cumbersome for all of you, as well as for the staff. So, just something to make
sure you're aware of up front.
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April 23, 2013
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De Weerd: I think if -- if it sounds like it's fair to get the two days. If they don't it's on the
regular agenda.
Nary: Sounds good.
De Weerd: Any other comments from Council? Any comments from those who waited
for this item?
Wardle: Madam Mayor, Council, Mike Wardle with Brighton. This came up recently,
simply because staff was concerned about loading up your agendas. We had the
seventh phase of our Spurwing project and the fourth phase of Messina that we
submitted on the 3rd of April with anticipation in communication with staff that we would
be heard on the 7th of May, but because of, again, staff's concern about the length of
your agenda working with the clerk, it just appeared that maybe your workload was such
that it ought to be delayed out to the 21st of May and you have seen lots of projects
from us in particular, Brighton coming through -- our phases are smaller because of
markets in the past, but they are coming quite quickly and anything -- a five week even
to a seven week period starts to really cut into development and completion of projects
in a timely manner, when, in fact, our lot availability is really slim now in virtually all of
our projects. So, that's what kind of provoked begging the clerk is there any way that
these can be held to closer to the five weeks than the seven week and, hence, the
discussion. So, I appreciate the opportunity to at least bring that to your attention and
it's certainly not because I don't like to come to your meetings, although I can't claim
that I always pay a hundred percent attention to everything that transpires here, but it
just -- it just seems prudent, frankly, for your own time of -- on things that -- and our
process with staff has been perfectly described by Caleb, because we always get the
staff reports, we respond and provide copies to the clerk's office as well and so virtually
every application that has come through in the last several years you have something in
the record that comes to you with part of the packet that says applicant agrees or in a
couple of cases we didn't agree and so those were -- would be items that we would
have to have a discussion. So, I just wanted to let you know kind of how it came about
and how much we are -- we are really working on a lot of projects in the community.
De Weerd: Well, we appreciate you bringing this suggestion and certainly I know that
where we can find some better efficiencies we are very open for those.
Wardle: Thank you.
De Weerd: So thank you.
Hoaglun: Madam Mayor?
De Weerd: Any questions? Yes.
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April 23, 2013
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Hoaglun: I did. Mike, are you going to be sticking around for the next topic or are you
taking off? We are going to be discussing Council start times. Because if you feel like
taking off I -- the next agenda item, so -- you know.
De Weerd: Go ahead and ask.
Hoaglun: You know, would it be helpful if we started at 6:00 o'clock, instead of 7:00
o'clock for Council meetings? Or is that too early? I mean what --
Wardle: Madam Mayor, Councilman Hoaglun, no, it's not too early. Interestingly
enough, most of the other jurisdictions with which we deal are a little bit earlier and so
when I come to Meridian's councils I have to go find a really nice place to eat dinner --
Hoaglun: So, we are going to keep it at 7:00.
De Weerd: Well, you're making us jealous.
Hoaglun: Thank you, Mike. That's been very helpful to us.
Wardle: My apologies. So, a 6:00 o'clock meeting would, frankly, be -- would be great.
De Weerd: And, then, you will get dinner on your way out; correct? Okay.
Hoaglun: Thank you, Mike.
Wardle: Thank you.
De Weerd: Thank you.
Hood: Madam Mayor?
De Weerd: Yes.
Hood: If I can just add one thing. I would be remiss if I -- I think I mentioned Jonathan
and communicating with him, but he did send me an a-mail in support of this -- this
request tonight, too. So, I just wanted to formalize that. I will probably give it to the
clerk as well and she can put it in the record, but he does suggest and recommend to
Council to implement consent agenda for final plats. He goes on to say
noncontroversial items, he would also support that, but I just wanted to thank him on the
record for responding.
De Weerd: Oh, now that's an arbitrary one. Nonconflict. Any other comments from
anyone? Okay. Anything further from Council?
Hoaglun: Madam Mayor, those two on that side weighed in, I will weigh way that I think
it's a good idea to move forward with this.
Meridian City Council
April 23, 2013
Page 47 of 57
Bird: I don't have any problem with it.
De Weerd: Okay. Let's do it.
Rountree: If there are some potential others let's maybe combine them and hammer
this out together, but let's not protract it by doing that. It seems like it's something we
can do in -- relatively quickly.
De Weerd: We can.
Bird: And, Madam Mayor, we -- if they don't have it -- if they don't have their agreement
in by Thursday it's on the regular agenda. I don't care what they -- who they are or
what they do and we -- we got to stick to the deadline.
o Le al apartment: iscussion ouncil tart Times and City
Council Duties
De Weerd: Okay. That's fair. We will turn this over to Bill with the Legal Department.
Nary: Madam Mayor, Members of the Council, I was asked to look at a couple of
different things and Council Member Hoaglun was good to bring up the first item. As we
were looking at internally as the election is approaching and the potential that we may
be adding additional Council members and in addition to the fact that we are getting
busier and your agendas are getting longer and many of you probably remember when
the agendas went until midnight fairly regularly, we wondered if you would like to -- now
I didn't bring that particular ordinance, because that's a pretty simply change, but
whether or not you would like to consider moving your start times to 6:00 o'clock, rather
than 7:00 o'clock, so your meetings, other than your workshop. The only other impact
that could have on you is that we do a lot of Executive Sessions that we try to put on the
front end of your meetings so to not have you stay even later at the end of the meeting.
That may mean occasionally we will have to meet at 5:00 o'clock. We were hoping to
not have so many Executive Sessions over the next couple of years, but I can't predict
that and so we just wanted your feedback on that particular point and whether we
should, then, bring up the ordinance changes and I will explain the little packet I just
handed you to consider and my thought was to bring back a department report on the
May workshop on these issues, so that we can completely vet them out and get them
back in front of you in a timely manner. Do you want me to talk about the other in front
of you or do you want to talk about the start times first?
De Weerd: Let's go ahead and start with the starts times.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Meridian City Council
April 23, 2013
Page 48 of 57
Zaremba: I have no problem with moving to a 6:00 o'clock start time on what has been
our 7:00 o'clock meeting. You mentioned, though, working the Executive Sessions
around that. Part of the reason for trying to get Executive Sessions before the meeting
is not just us, but sometimes professional consultants or an attorney or somebody
needs to be brought and it's pretty expensive to call them in at 11:00 o'clock at night.
So, that might be the only drawback to that, but for me personally 6:00 o'clock would be
fine.
Nary: If I could speak to that. Rarely is there a problem on getting somebody -- an
outside person to be here at whatever time we ask them to be here. I do try to
coordinate that to your agenda to make sure we, you know, stagger that to make sure
we don't waste their time. To be honest with you, I do tend to pick the most expensive
people and have them come first, so that we can get them out the door a little quickly,
but -- just depending on what it is. But we do try to make sure we manage that and
schedule that, so that we don't waste their time or your time or the cost of that.
De Weerd: You don't try and pick the most expensive people. That came out kind of
wrong.
Nary: We don't -- we try to make sure that whoever we might be paying the most to we
get done with quickly --
De Weerd: You prioritize that, yeah.
Nary: -- so we prioritize, yes. Sorry. Thank you, Madam Mayor.
De Weerd: I think it's a general feeling that we are in favor of moving to 6:00 o'clock.
Bird: It don't bother me.
Rountree: I think the reason we were at 7:00 is because of some folks work status
and it was a little easier to leave work at 6:00 or so when you had to work a little extra
and get back to the city, but not an issue forme now.
Bird: I would definitely like to the keep executive sessions before. I think there is a lot
of things that you go over the agenda that you get -- you can get through the agenda
faster when we get through them. We got stuff on there we don't need on there by the
time Council gets back to the meeting.
Nary: All right. We will make that change and, again, partly I think to answer your
question, too, Council Member Rountree, we thought if we were to add new people they
would know going in when the change was, what times the meetings were, so that they
could plan accordingly, so -- all right. We will bring that. And so I'm just going to just
briefly tell you what -- the ones that are in front of you now, so that you can look at it.
You don't have to make a decision on all of them, you certain can discuss anyones you
wish. The first one that's in your packet -- you have a clean copy and a red line copy is
Meridian City Council
April 23, 2013
Page 49 of 57
what I did. I provided both so you could see what the ultimate ordinance would look
like, as well as what the red line copy looks like now. Under the qualifications to be on
the City Council it is unclear in our city code or the state code that you have to live in the
City of Meridian to actually be on your city council. That seems a little counter-intuitive
to me and I'm sure to all of you. The state code states that they must be an elector and
an elector is based on the state definition of residence where you have to reside and so
that's the problem. In the city code, because it's pretty old, they never really tried to put
those two together, but there are some constitutional provisions about voting in domicile
and that's why Ms. Kane came up with some definitions that we are still going to work
on and that's why I'd like to bring that back on the 14th to discuss it further, but we
wanted to make sure it was clear that you do need to have a legal residency within the
city to serve on at least this board, as well as to be the Mayor and the Mayor one is a lot
clearer than the other -- than the City Council. So, that was the intent of that first one,
we just want to make sure it's clear. I don't think we have ever elected anybody that I'm
aware of that didn't live in the city, but we wanted to be sure we didn't have that come
up in the future.
Zaremba: Madam Mayor?
Bird: We have taken the limits to the house so they could be on the Council back in the
'70s.
De Weerd: Mr. Zaremba.
Zaremba: I just -- you actually said legal residence, but this does not really require that
and I -- my question was going to be under definitions of domicile can we add some
kind of a phrase that says it complies with our zoning ordinance or something, so that
we don't have somebody who lives in a business zone residence apply?
Nary: Madam Mayor, Members of the Council, that's -- that's what Ms. Kane is working
on is there are a lot of 9th Circuit cases and U.S. Supreme Court cases regarding who
can live where and what kind of place they have to live in to qualify to both vote and to
serve and so we, obviously, want to make sure we are compliant with that. So, this is
really draft language, this is the initial brush she looked at, but we want to make sure we
have covered the constitutional allowances that people have to being able to vote and
be consistent with the state code as well. So, again, I'm hopeful by the time we come
back on the 14th to make it clearer. We, obviously, don't want to bring something to
make it muddier --
Zaremba: It has to be a legal remedy.
Nary: -- or more problematic. Yes. We don't want to make it worse, we just want to
make sure it's clear. So, this is just to bring it to your attention and we will bring it
back --
Zaremba: Or lives in a hotel or something. Okay. Thank you.
Meridian City Council
April 23, 2013
Page 50 of 57
Nary: The next item is 1-7-6, which is assignment of department liaisons and you will
notice that this is probably one of the more red lined ordinances and that's because our
code goes back to the late '90s when your system was operated differently of Council
and Mayor. You had apart-time Mayor and part-time Council Members at the time and
the method that they operated the city was very different than it's operated today. Back
then they had commissioners of departments and the department commissioners
actually had oversight and personnel responsibilities that are not consistent with the
state code for City Council members. What we have provided to you to review is more
consistent both with your current practice of departmental liaisons, so you have people
that each of your Council -- each of the Council Members are appointed to a particular
department and, then, the purpose of that is, again, to make sure compliance such as
statutory responsibilities you have requirements you have as Council Members in
regards to the budget, adherence to financial policies, adherence to spending, budget
amendment, budget transfers, to make sure that you -- and purchaser orders to make
sure that the departments are meeting those requirements under the policies that you
have set and there may be more, but this is the initial draft we took. There may be a
little bit more language on clarifying the policies and responsibilities, so we felt there
wasn't a need to regurgitate the state code, which has a lot of that same language, but
these were ones more specific to how you currently operate and, again, the current
operation is more consistent with state code and that's why that's in front of you, so --
De Weerd: Council, any questions at this point? I know this is really for your review
and we will bring it back for discussion.
Nary: The next one, Council, is 1-7-7 and this one is just really more of a cleanup
ordinance. There is some -- some language in the ordinance that's unclear about the
process of the public hearing. It's, again, not very complicated and it really is more of a
cleanup. There was a section about making it illegal to interrupt the person speaking,
but that's really the chair's responsibility is to manage how the meeting is being run,
who is speaking, when they are recognized, when they are not, it didn't seem to make
sense to make it illegal to interrupt the speaker. So, again, these are things for you to
review and if you have other questions or concerns you'd like us to bring it back on the
14th for discussion. The last item is 1-7-8 that's in front of you and, again, this is just
duties and responsibilities of both the president and vice-president of the Council.
Again, most of it is very cleanup oriented in regards to how your -- how your positions
operate currently, so they are not in conflict with both the state code or your practice.
There is some language about being the Council president, how often that could be.
There was some cleanup there. Some of it was really archaic, because it talked about
who could vote and if they didn't vote and if they voted this way, then, you'd have to
vote differently -- it's very -- it's more complicated than it needed to be. Some lawyer
must have written that part I'm sure. The last was also, too, that we have occasionally
-- rarely, but occasionally have run into situations where the Mayor is currently
unavailable -- the state code designates specifically that the president of the Council act
in the Mayor's place in the Mayor's absence and that's all the state code addresses.
Our code says the vice-president acts in case the president isn't available. Once in a
Meridian City Council
April 23, 2013
Page 51 of 57
great while that's happened. Once in a greater while both of those people aren't
available and neither is the Mayor. It's unclear who is supposed to do anything at that
particular point if there was a necessity for that. So, this simply states that the senior
member of the Council would do that. I know it seems kind of silly that the last thing is if
it's a tie there it's a coin flip, but Idaho is a coin flip state and if it's a tie that's how you do
it. So, it was just a way to clear up any kind of an issue, more for the emergency
management and such. The other thing we would be bringing back to you on the 14th
or -- as we have gone through these we have other sections of our code that are fairly
outdated in our codes as well and so on the 14th I was going to bring that back again for
your review and discussion at that point or a later point and some of the department
appointed officials. There is language in there, so of it's very relevant, some it's not. If
you recall we spoke a few years ago, there is some specifics as to your finance director
and the responsibilities they have, some of the timelines that actually are only governed
by your code and nothing else and aren't really practical and we made a decision a
couple of years ago to wait until we decided a rewrite was necessary, rather than keep
bringing pieces. So, Ms. Kane from my staff has been working on it to bring in one
larger collection of ordinances. I didn't feel that was necessary tonight, we wanted to
focus on the Council responsibilities or Council ordinances, but we will be bringing that
back probably on the 14th for, again, your introduction and review and, then, we could
bring those for passage at a later date as well.
Rountree: Very good.
De Weerd: Okay. Thank you, Bill.
Nary: Thank you.
Rountree: Long overdue.
H. ayor's Office: ate o the City u et menent for the
of-o- cee mount of 1 ,4 5.00
De Weerd: Yeah. It is. Okay. Item 9-H.
Simons: Thank you, Madam Mayor and Council. I will try to be quick and brief this
evening, but this is our budget amendment that we do annually after we have done the
State of the City, pay our bills and look at the receipts that come in. We are asking for
12,455 dollars in additional spending authority. I think one of the main things to note
from this year that we are going to be doing with that money is the Arts Commission is
going to be doing an RFP for the Meridian Road interchange rebuild are project. They
have agreed to take on that project forthwith and, then, you will see the other items that
are being proposed for this year and with that I'd stand for any questions.
De Weerd: Council, any questions?
Hoaglun: Madam Mayor?
Meridian City Council
April 23, 2013
Page 52 of 57
De Weerd: Mr. Hoaglun.
Hoaglun: I move approval of the State of the City budget amendment for the not to
exceed amount of 12,455 dollars.
Zaremba: Second.
De Weerd: I have a motion and a second to approve Item 9-H. Any questions from
Council? Madam Clerk.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
I. yor's fice: YC Community Events and `Travel
Amendment for the of-o- xceed Amount of $11,750.00
Simons: Madam Mayor, Members of the Council, the second one is hard at work
finding lots of support and sponsors, along with Sergeant Gonzales to pay for things
such as the Treasure Valley Youth Summit, which is taking place in two days. They
have over -- well over 200 people signed up. We are only supposed to have 200 people
attend, but we should have about 230 people corning, but between that and their NOIS
event that they did, the STAND grant for their event at Big AI's, which is covering all
those expenses --
De Weerd: You're good with the acronyms.
Simons: Yes. Thank you. They just won't quit. So, they raised this money, they have
got some good events,, and they have all kinds of questions.
De Weerd: I would just add -- I certainly appreciate Sergeant Gonzales and his interest
and passion for the national organization on youth safety and the sponsors he helped
us find so we could send our youth back to Washington DC and learn more about this
distractive driving and teen driver safety, in addition to the STAND, which is Supporting
Teens Against Nicotine Dependency and what they did with the partnership with Big AI's
and that was -- that was a very well attended event from our youth and our youth
summit -- our Mayor's Youth Advisory Council reached out and it's a Treasure
Valley wide summit this year and we have had just tremendous business support,
people coming -- stepping forward to sponsor these events, so it's -- all costs are
covered. It's just been phenomenal. And certainly Ken's leadership, his passion for our
kids and making sure that he can put these events on with the resources he needs to
make it meaningful is greatly appreciated as well. So, I do think that it was worth
spending a little bit more time to make sure you knew that this is hard work from some
Meridian City Council
April 23, 2013
Page 53 of 57
individuals in our city that care about our youth and want to make sure that they have
what they need to -- to step forward and learn and be leaders. Any other questioned on
this item? Do I have a motion?
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Hoaglun: I move approval of the MYAC community events and travel amendment for
the not to exceed amount of 11,750 dollars.
Rountree: Second.
De Weerd: I have a motion and a second to approve Item 9-I. Madam Clerk.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Item 10: rdinances
Third Reading of rdinance o. 13-1549: Large-Scale Special
Events Update to Temporary Use Code
De Weerd: Thanks, Robert. Okay. Item 10-A is the third reading of Ordinance 13-
1549. Madam Clerk, will you, please, read this by title only.
Holman: Sorry. I thought I was going to have to talk first. I'm not prepared. Okay. City
of Meridian Ordinance No. 13-1549, an ordinance of the City of Meridian amending
Meridian City Code Section 3-4-1 relating to the definition of special events. Amending
Meridian City Code Section 3-4-3A6D relating to standards for denial of temporary use
permit applications. Amending Meridian City Code Section 3-4-3C6 relating to large
scale special events and providing an effective date.
De Weerd: Do you have any comments to this item?
Holman: Madam Mayor, this is just -- to summarize, this is the ordinance that we have
been speaking it out for the last few weeks and it's just helping us identify large scale
special events providing greater limits for obtaining insurance for these events, setting
the -- the deadline out to 60 days for a complete application and, again, asking the
applicant to come in two weeks before that to sit down for this pre-application meeting.
De Weerd: Thank you. You have heard this ordinance by title only. Is there anyone
who would like to hear it read in its entirety? Seeing none.
Bird: Madam Mayor?
Meridian City Council
April 23, 2013
Page 54 of 57
De Weerd: Mr. Bird.
Bird: I move we approve Ordinance No. 13-1549.
Rountree: Second.
De Weerd: I have a motion and a second to approve Item 10-A. 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: Item 10-B is the second and third reading of Ordinance No. 13-1551.
Madam Clerk, will you, please, read this by title only.
Holman: Thank you, Madam Mayor. City of Meridian Ordinance 13-1551, an ordinance
amending Title 4, Public Health and Safety, Chapter 1, Sanitary Service System of the
Meridian City Code, for the purpose of including definitions for commercial recycler,
commingled recyclable material and source separated recyclable materials in 4-1-3 and
to add: Or commercial recycler to 4-1-10H and to add a 4-1-11, commercial recycling
exemption. And reassign the existing Section 4-1-11, nuisance declared, to Section 4-
1-12 and reassign the existing Section 4-1-12 penalty to Section 4-1-13 and providing
an effective date.
De Weerd: You have heard this ordinance by title only. Anyone who would like to hear
it read in its entirety? Seeing none.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Meridian City Council
April 23, 2013
Page 55 of 57
Bird: I move we approve the second and third reading of Ordinance No. 13-1551.
Rountree: Second.
De Weerd: I have a motion and a second to approve Item 10-B. 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: Item 10-C is Ordinance 13-1553. Madam Clerk, will you, please, read this
by title only.
Holman: I will. City of Meridian Ordinance 13-1553, an ordinance of the City of
Meridian amending Title 2, Boards and Commissions, Chapter 7, Board of Adjustment
of the Meridian City Code, Section 6, Hearing Procedures, for the purpose of amending
2-7-6B, to add a new 30 day filing deadline to submit a request for hearing before the
Board of Adjustment from the date of notice of an administrative denial of the request
for billing adjustment and amending 2-7-6C to add that the City Clerk has authority to
schedule a hearing on an alternative date from the regular scheduled hearing date in
time for the Board of Adjustment, provided the hearing is scheduled not later than 28
days from the next regularly scheduled meeting 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.
Bird: Madam Mayor?
Meridian City Council
April 23, 2013
Page 56 of 57
De Weerd: Mr. Bird.
Bird: I move we approve Ordinance No. 13-1553 with suspension of rules.
Rountree: Second.
De Weerd: I have a motion and a second to approve Item 10-C. 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: Item 10-D is Ordinance 13-1554. Madam Clerk, will you, please, read this
by title only.
Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 13-1554, an
Ordinance RZ 13-001, MGT Legacy Church for the rezone of the south 55 feet of Lot 15
-- Lot 15, Lot 17, a portion of Lot 16 and 18 of Wilson Addition in Meridian as shown in
Book 12 of Plat at page 708 records of Ada County, Idaho. A portion of Lots 1 through
4, Lots 5 through 8, of Block 4 of Nidays Second Addition, OT, Meridian, as shown in
Book of Plats at page 594, records of Ada County, Idaho, and adjoining right of ways,
situated in the northeast quarter. of the northeast quarter of Section 12, Township 3
North, Range 1 West, Boise meridian, City of Meridian, situated in Ada County, Idaho,
and adjacent and contiguous to the corporate limits of the city of Meridian, as requested
by the City of Meridian, establishing and determining the land use zoning classification
of OT, Old Town Zoning District, in the Meridian City Code, providing that copies of this
ordinance shall be filed with the Ada County assessor, the Ada County recorder and the
Idaho State Tax Commission as required by law and providing for a summary or the
ordinance and providing for a waiver of the reading rules and providing an effective
date.
Meridian City Council
April 23, 2013
Page 57 of 57
De Weerd: Now didn't that sound interesting. Is there anyone who would like to hear
this read in its entirety?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I would move that we approve Ordinance No. 13-1554 with suspension of rules.
Rountree: Second.
De Weerd: I have a motion and a second to approve Item 10-D. Madam Clerk.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Item 11: Future Meeting Topics
De Weerd: Under Item 11, any future meeting topics for consideration?
Bird: I have none.
De Weerd: Okay. I would entertain a motion to adjourn.
Rountree: So moved.
Bird: Second.
De Weerd: All those in favor say aye. All ayes.
MOTION CARRIED: ALL AYES.
MEETING ADJOURNED At 9:34 P.M.
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