2021-09-21 Regular
City Council Regular Meeting
City Council Chambers, 33 East Broadway Avenue Meridian, Idaho
Tuesday, September 21, 2021 at 6:00 PM
Minutes
ROLL CALL ATTENDANCE
PRESENT
Councilwoman Liz Strader
Councilman Joe Borton
Councilman Brad Hoaglun
Councilman Treg Bernt
Councilwoman Jessica Perreault
Councilman Luke Cavener
Mayor Robert E. Simison
PLEDGE OF ALLEGIANCE
COMMUNITY INVOCATION
ADOPTION OF AGENDA
PUBLIC FORUM – Future Meeting Topics
ACTION ITEMS
1. Public Hearing for City of Meridian Proposed New and Increasing Fees Approved
Motion to approve made by Councilman Bernt, Seconded by Councilman Hoaglun.
Voting Yea: Councilwoman Strader, Councilman Borton, Councilman Hoaglun, Councilman
Bernt, Councilwoman Perreault, Councilman Cavener
Resolution adopting fees to be considered at future City Council meeting.
2. Request for Reconsideration of City Council's Decision of Speedy Quick (CR-2021-
0003) by Clark Wardle, Located at 2560 S. Meridian Rd. Granted
Motion to approve request for the purpose of drafting new Findings made by Councilman
Borton, Seconded by Councilman Hoaglun.
Voting Yea: Councilwoman Strader, Councilman Borton, Councilman Hoaglun, Councilman
Bernt, Councilwoman Perreault, Councilman Cavener
ORDINANCES \[Action Item\]
3. Ordinance No. 21-1949: An Ordinance (H-2020-0122 3175 N. Ten Mile Rezone) for
Rezone of a Parcel of Land Being a Portion of Government Lot 1 of Section 3,
Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho; Establishing
and Determining the Land Use Zoning Classification of 1.16 Acres of Land from R-4
(Medium Low Density Residential) Zoning District to L-O (Limited Office) 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 of the
Ordinance; and Providing for a Waiver of the Reading Rules; and Providing an
Effective Date Approved
Motion to approve made by Councilwoman Perreault, Seconded by Councilman Hoaglun.
Voting Yea: Councilwoman Strader, Councilman Borton, Councilman Hoaglun, Councilman
Bernt, Councilwoman Perreault, Councilman Cavener
FUTURE MEETING TOPICS
ADJOURNMENT 6:12 pm
Item#4.
Meridian City Council September 21, 2021.
A Meeting of the Meridian City Council was called to order at 6:01 p.m., Tuesday,
September 21 , 2021, by Mayor Robert Simison.
Members Present: Robert Simison, Joe Borton, Luke Cavener, Treg Bernt, Jessica
Perreault, Brad Hoaglun and Liz Strader.
Also present: Chris Johnson, Bill Nary, Brad Purser, Shawn Harper, Joe Bongiorno and
Dean Willis.
ROLL-CALL ATTENDANCE
Liz Strader (6:05 p.m.) _X_ Joe Borton
_X_ Brad Hoaglun _X_Treg Bernt
X Jessica Perreault _X Luke Cavener
_X_ Mayor Robert E. Simison
Simison: Council, call the meeting to order. For the record it is Tuesday, September 21 st,
at 6:01 p.m. We will begin tonight's regular City Council meeting with roll call attendance.
PLEDGE OF ALLEGIANCE
Simison: Next item is the Pledge of Allegiance. If you would all, please, rise and join us
in the pledge.
(Pledge of Allegiance recited.)
COMMUNITY INVOCATION
Simison: Next item is our community invocation, which will be given by Pastor Vinnie
Hanke. If you would all, please,join us the community invocation or take this as a moment
of silence. Pastor.
Hanke: Thank you, Mr. Mayor, Members of City Council. Thank you, again, for the
opportunity to come and pray for you and with you this evening and just know on Tuesday
nights when I'm not here I'm still praying for you. Let's pray. Father God, we thank you
for this evening. We thank you for the opportunity to gather open and in public to discuss
the business of the city. Father, we think about cities across the nation who haven't had
the same opportunity and privilege at this time. Pray that you would guide them -- their
leaders as well. I ask for those gathered here tonight, God, you would grant them wisdom
and discernment as they consider the business of the city. We thank you for the prosperity
and freedom we experience here in Meridian and ask that you would receive glory from
it and you would help them to steward it well. God, we think of our first responders and
on the frontlines, those in our hospitals, and we ask that we continue to guide them and
protect them as they serve our community, for our teachers and our students, God, as
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Meridian City Council
Item#4. September 21,2021
Page 2 of,
they begin the school year under just continued pressure. We ask for wisdom and
discernment as well. God, we ask that you would help Meridian to be a place where
neighbors love one another and serve one another. Where kindness and love rule and
reign and that you would be glorified. We ask these things through Christ, our Savior,
amen. God bless you all. Thank you.
ADOPTION OF AGENDA
Simison: Thank you. Next item is the adoption of the agenda.
Borton: Mr. Mayor?
Simison: Councilman Borton.
Borton: I would like to make a motion that we move -- I move to adopt the agenda as
published.
Hoaglun: Second the motion.
Simison: I have a motion and a second to adopt the agenda as published. Is there any
discussion? If not, all in favor signify by saying aye. Opposed nay. The ayes have it and
the agenda is adopted.
MOTION CARRIED: ALL AYES.
PUBLIC FORUM — Future Meeting Topics
Simison: Mr. Clerk, do we have anyone signed up under public forum?
Johnson: Mr. Mayor, no.
ACTION ITEMS
1. Public Hearing for City of Meridian Proposed New and Increasing Fees
Simison: Okay. Then we will move into our Action Items this evening. Our first item up
is a public hearing for City of Meridian proposed new and increased fees. Turn this over
to Mr. Purser.
Purser: Mr. Mayor, Council Members, appreciate being here tonight. I don't have
anything further to add from my comments a few weeks ago. I am here. I'm happy to
answer any questions --
Simison: Can you pull up the mic so we can --
Purser: Is that better? I don't have any further comments to add to what I said a few
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Item#4. September 21,2021
Page 3 of,
weeks ago. But I am here for any questions, so if you have any that I would be happy to
address those.
Simison: Okay. Thank you. For the record Council Woman Strader has joined us at
6:05. Is there any questions for staff at this time?
Hoaglun: Mr. Mayor, just a quick question.
Simison: Councilman Hoaglun.
Hoaglun: Mr. Mayor, Brad, prices haven't gone up in the meantime have they?
Purser: Mr. Mayor, Councilman Hoaglun, appreciate that and not that I'm aware of. I'm
sure there has been some fluctuations, but we will capture those at a later date.
Hoaglun: Thank you.
Simison: Okay. Council, any additional questions? Okay. Thank you. This is a public
hearing. Mr. Clerk, do we have anyone signed up to provide testimony on this item?
Johnson: Mr. Mayor, we did not.
Simison: Okay. Is there anybody online that would like to provide testimony on this item?
If so you can use the raise your hand function at the bottom of Zoom. Seeing no one
wishing to testify and raise their hand, Council, do I have a motion to close the public
hearing?
Bernt: Mr. Mayor?
Simison: Councilman Bernt.
Bernt: I move that we close the public hearing.
Hoaglun: Second the motion.
Simison: I have a motion and a second to close the public hearing. Is there any
discussion? If not, all in favor signify by saying aye. Opposed nay. The ayes have it and
the public hearing is closed.
MOTION CARRIED: ALLAYES.
Bernt: Mr. Mayor?
Simison: Councilman Bernt.
Bernt: What type of motion are we looking for in this item one? Are we looking at just a
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Meridian City Council
Item#4. September 21,2021
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blank motion to approve new increasing fees and the Finance Department -- well, how do
you -- how would you want that worded?
Nary: Mr. Mayor, Members of the Council, Council President Bernt, yes, simply that and,
then, we will bring forth a resolution establishing those fees. So, we will craft a resolution
with the Finance Department and, then, put that on at a future meeting.
Bernt: All right. So, is there even a motion needed this evening or are we just going to
put it in a resolution?
Nary: Motion for the direction to bring the resolution back, yes.
Bernt: Okay. Mr. Mayor?
Simison: Councilman Bernt.
Bernt: I move that we -- I move that we direct the Finance Department to bring back a
resolution with the proposed fee increases at a later date.
Hoaglun: Second the motion.
Simison: I have a motion and a second to bring back a resolution with the proposed fee
changes. Is there any discussion? If not, all in favor signify by saying aye. Opposed
nay. The ayes have it. We will bring a resolution back forthwith.
MOTION CARRIED: ALLAYES.
2. Request for Reconsideration of City Council's Decision of Speedy
Quick(CR-2021-0003) by Clark Wardle, Located at 2560 S. Meridian Rd.
Simison: Next item is Item 2, request for reconsideration of City Council's decision of
Speedy Quick, CR-2021-0003, and we will turn this over to Mr. Nary.
Nary: Thank you, Mr. Mayor, Members of the Council. So, you have a request in front of
you from counsel for Speedy Quick asking for a review of your decision back from July
6th and that -- the counsel was interpreting the city UDC ordinance and the interpretation
of that ordinance. The counsel is in disagreement with the Council's ultimate decision
and with the findings that were provided subsequent to that. In reviewing -- in reviewing
the decision and reviewing the findings, at least from the Legal Department's perspective,
the decision certainly followed the ordinance properly. The findings are sufficient, but
there are some more specific detail that could be included that would provide a little bit
more detail to a district court if this were to be appealed. So, our recommendation would
simply be to grant -- or excuse me. To grant the request for reconsideration only to the
findings themselves and to request a new set of findings be brought forth before you. We
have a draft ready to go that can be on your agenda next Tuesday for your consent and
review and that not to reconsider the decision itself, but just merely the findings and to
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Meridian City Council
Item#4. September 21,2021
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remanded it for that new findings.
Simison: Thank you, Mr. Nary. Council, any questions?
Borton: Mr. Mayor?
Simison: Councilman Borton.
Borton: I -- I thought the letter of August 31 that the applicant submitted with this request
for reconsideration laid that out well. I think Mr. Nary's advice is well taken, that asking
that--that we grant the reconsideration to get some amended findings of fact, conclusions
of law, provide a little more context to the reason statement and explanation for the
decision that we made is appropriate. So, I will make a motion that we grant the request
for reconsideration for that limited purpose, to allow Legal to provide an amended findings
of fact, conclusions of law and final order that's discussed today.
Bernt: Second.
Simison: I have a motion and a second. Is there discussion?
Borton: Mr. Mayor?
Simison: Councilman Borton.
Borton: Just for that context a little bit more is -- is a little more supplement to the reason
statement that explains the criteria and standards that we all considered, the facts that
we relied upon and the rationale that all of us discussed and applied in coming to our
ultimate decision. That the findings include some more context there for the benefit of
the applicant as well.
Bernt: Second agrees.
Simison: Okay. Is there further discussion? I will ask the Clerk to call the roll.
Roll call: Borton, yea; Cavener, yea; Bernt, yea; Perreault, yea; Hoaglun, yea; Strader,
yea.
Simison: All ayes. Motion carried.
MOTION CARRIED: ALLAYES.
ORDINANCES [Action Item]
3. Ordinance No. 21-1949: An Ordinance (H-2020-0122 3175 N. Ten Mile
Rezone)for Rezone of a Parcel of Land Being a Portion of Government
Lot 1 of Section 3, Township 3 North, Range 1 West, Boise Meridian,
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Meridian City Council
Item#4. September 21,2021
Page 6 of 7
Ada County, Idaho; Establishing and Determining the Land Use
Zoning Classification of 1.16 Acres of Land from R-4 (Medium Low
Density Residential) Zoning District to L-O (Limited Office) 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 of the Ordinance; and Providing
for a Waiver of the Reading Rules; and Providing an Effective Date
Simison: With that we will move on to Ordinances, Item 3. Ordinance No. 21-1949. Ask
the Clerk to read this ordinance by title.
Johnson: Thank you, Mr. Mayor. It's an ordinance related to H-2020-0122, 3175 N. Ten
Mile rezone. Rezone of a land being a portion of Government Lot 1 of Section 3, Township
3 North, Range 1 West, Boise meridian, Ada county, Idaho; establishing and determining
the land use zoning classification of 1.16 acres of land from R-4 (Medium Low Density
Residential) Zoning District to L-O (Limited Office) 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 of the ordinance; and providing for a waiver of the reading rules;
and providing an effective date.
Simison: Thank you. Council, you have heard this ordinance read by title. Is there
anybody that would like it read in its entirety? Seeing none, do I have a motion?
Perreault: Mr. Mayor?
Simison: Council Woman Perreault.
Perreault: I move that we approve Ordinance No. 21-1949 with a suspension of rules.
Hoaglun: Second the motion.
Simison: I have a motion and a second. Is there any discussion? If not, all in favor
signify by saying aye. Opposed nay. The ayes have it and the item is agreed to.
MOTION CARRIED: ALLAYES.
FUTURE MEETING TOPICS
Simison: Council, anything under future meeting topics? Or do I have a motion to
adjourn?
Bernt: Mr. Mayor?
Simison: Councilman Bernt.
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Meridian City Council
Item#4. September 21,2021
Page 7 of,
Bernt: I move that we adjourn the meeting.
Hoaglun: Second the motion.
Simison: I have a motion to adjourn. All those in favor signify by saying aye. Opposed
nay. The ayes have it and we are adjourned.
MOTION CARRIED: ALLAYES.
MEETING ADJOURNED AT 6:12 P.M.
(AUDIO RECORDING ON FILE OF THESE PROCEEDINGS)
g / 28 / 2021
MAYOR ROBERT E. SIMISON DATE APPROVED
ATTEST:
CHRIS JOHNSON - CITY CLERK
Page 113
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AGENDA ITEM
Public Forum - Future Meeting Topics
The Public are invited to sign up in advance of the meeting at
www.meridiancity.org/forum to address elected officials regarding topics of
general interest or concern of public matters. Comments specific to an active
land use/development applications are not permitted during this time.
By law, no decisions can be made on topics presented at the Public
Forum. However, City Counicl may request the topic be added to a future
meeting agenda for further discussion or action. The Mayor may also direct
staff to provide followup assistance regarding the matter.
CITY OF MERIDIAN
CITY COUNCIL
PUBLIC FORUM SIGN - IN SHEET
Date : September 21 , 2021
Please sign in below if you wish to address the Mayor and City Council and
provide a brief description of your topic . Please observe the following rules of
the Public Forum :
• DO NOT :
o Discuss active applications or proposals pending before Planning
and Zoning or City Council
o Complain about city staff, individuals , business or private matters
• DO
o When it is your turn to speak, state your name and address first
o Observe a 3 - minute time limit (you may be interrupted if your topic
is deemed is for this forum )
Name ( please print ) Brief Description of Discussion Topic
i
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E IDIAN
'aAHO
AGENDA ITEM
ITEM TOPIC: Public Hearing for City of Meridian Proposed New and Increasing Fees
PUBLIC HEARING SIGN IN SHEET
DATE : September 21 , 2021 ITEM # ON AGENDA : 1
PROJECT NAME : City of Meridian Proposed New and Increasing Fees
Your Full Name Your Full Address Representing I wish to testify
( Please Print ) HOA ? ( mark X if yes )
If yes, please
provide HOA name
1
2
3
4
5
6
7
8
9
10
11
12
13
14
Item#1.
CITY OF MERIDIAN
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN,pursuant to the ordinances of the City of Meridian and the laws of
the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at its
meeting on Tuesday, September 21, 2021, at 6:00 p.m., at Meridian City Hall, 33 East
Broadway Avenue, Meridian, Idaho, regarding adoption of proposed new and increasing fees, as
set forth below. Further information regarding these proposed fees is available in the Finance
Department at Meridian City Hall, 33 East Broadway Avenue, Meridian, Idaho. Any and all
interested persons shall be heard at said public hearing, and the public is welcome and invited to
submit written comments and/or provide verbal testimony at the hearing. Verbal testimony may
be limited to three (3) minutes per person. For auditory, visual, or language accommodations,
please contact the City Clerk's Office at 208-888-4433.
DATED this 26th day of August, 2021.
CHRIS JOHNSON, CITY CLERK
PUBLISH on September 7, 2021 and September 14, 2021.
NEW OLD
FEE DESCRIPTION AMOUNT AMOUNT
Water System Repair Fees:
1" IP 250 PSI Poly Pipe Per linear Ft. $0.88 $0.67
1.5 " IP 250 PSI Poly Pipe Per linear Ft. $2.07 $1.56
10" C-900 Pipe Per linear Ft. $23.88 $13.42
12" C-900 Pipe Per linear Ft. $33.64 $18.97
12" Repair Coupler LPS (Long Pattern Sleeve) $279.59 $177.24
12" Wedge Restraint Gland Pack $152.51 $137.92
2 inch gate valve for hydrant meter $228.39 $194.42
2" IP 250 PSI Poly Pipe Per linear Ft. $3.48 $2.57
3/4" IP 250PSI Poly Pipe Per linear Ft. $0.56 $0.43
4" C-900 Pipe Per linear Ft. $4.56 $2.60
6" C-900 Pipe Per linear Ft. $9.26 $5.15
8" C-900 Pipe Per linear Ft. $15.91 $8.95
Cast-Iron Valve Lid $17.65 $12.00
Fire Hydrant $2,300.52 $2,146.06
Hydrant- 6" Extension $614.29 $569.99
Hydrant Meter Gate Valve Handle 2" $34.50 $3.30
Manhole Ring $191.15 $156.42
Non-Traffic Rated 42" Meter Tub/Tile for
Single/Double Services $167.96 $121.98
Non-Traffic Rated Standard Lid&Ring $146.47 $139.20
Page 4
Item#1.
Non-Trafic Meter Tub 36" $128.48 $106.78
STORZ fitting - 4.5 hydrant nozzle $239.94 $145.60
Traffic Rated Meter Tub 42" $150.33 $142.12
Traffic Rated Ring 20" $125.02 $84.62
Valve Box - 16" Top Section $34.54 $29.73
Valve Box - 26" Top Section $62.70 $48.02
1" Comp x 3/4" MIP U-Branch Brass $68.46 New Fee
1" FIP x FIP Brass Curb Stop Valve $104.46 New Fee
1.5" FIP x FIP Brass Curb Stop Valve $213.88 New Fee
2" FIP x FIP Brass Curb Stop Valve $312.81 New Fee
3/4" x 3/4" IP PE Compression x Compression
Grip Coupler $29.60 New Fee
1.5" x 1.5" IP PE Compression x Compression
Grip Coupler $128.94 New Fee
2" x 2" IP PE Compression x Compression Grip
Coupler $173.72 New Fee
Adapter 3/4" MIP x HT $10.65 New Fee
Adapter 2 1/2" MNST x 2" MIP $83.82 New Fee
Bushing V x 3/4" $4.51 New Fee
Bushing 2" x 1" Brass $17.52 New Fee
Bushing 3" x 2" Brass $42.41 New Fee
Nipple 3/4" Close Brass $2.55 New Fee
Nipple 1" Close Brass $3.77 New Fee
Nipple 1 1/2" Close Brass $7.39 New Fee
Nipple 2" Close Brass $11.26 New Fee
Sod sf ft $0.32 New Fee
12" Repair Coupler $345.54 New Fee
4" LPS (Long Pattern Sleeve) $64.52 New Fee
6" LPS (Long Pattern Sleeve) $108.08 New Fee
8" LPS (Long Pattern Sleeve) $173.71 New Fee
10" LPS (Long Pattern Sleeve) $207.90 New Fee
4" Wedge Restraint Gland Pack $51.23 New Fee
6" Wedge Restraint Gland Pack $61.62 New Fee
8" Wedge Restraint Gland Pack $83.36 New Fee
10" Wedge Restraint Gland Pack $145.58 New Fee
2 inch T-2 Meter(Reclaimed) $1,176.60 $1,117.76
Dual Port MXU $100.00 $94.00
OMNI Hydrant Meter H2 Register w/Measuring
Chamber, Complete $1,256.60 $371.86
Water Meters:
Backflow Assembly 1" $315.03 New Fee
Backflow Assembly 1 1/2" $554.06 New Fee
Page 5
Item#1.
Backflow Assembly 2" $587.09 New Fee
Backflow Assembly Repair Kit 3/4" $111.30 New Fee
Backflow Assembly Repair Kit 1" $172.55 New Fee
Backflow Assembly Repair Kit 1 1/2" $275.45 New Fee
Backflow Assembly Repair Kit 2" $334.95 New Fee
Backflow Test Port Valve $11.50 New Fee
1 1/2 inch C-2 Measuring Chamber Assembly $869.61 New Fee
2 inch C-2 Measuring Chamber Assembly $869.61 New Fee
4 inch T-2 Measuring Chamber Assembly $899.95 New Fee
4 inch C-2 Measuring Chamber Assembly $1,288.39 New Fee
1 1/2 inch T-2 Measuring Chamber Assembly $594.16 New Fee
2 inch T-2 Measuring Chamber Assembly $594.16 New Fee
1 1/2 inch T-2 Measuring Chamber Assembly
(Reclaimed) $678.41 New Fee
1 1/2 inch C-2 Measuring Chamber Assembly
(Reclaimed) $887.26 New Fee
2 inch T-2 Measuring Chamber Assembly
(Reclaimed) $678.41 New Fee
2 inch C-2 Measuring Chamber Assembly
(Reclaimed) $887.26 New Fee
4 inch T-2 Measuring Chamber Assembly
(Reclaimed) $917.51 New Fee
4 inch C-2 Measuring Chamber Assembly
(Reclaimed) $1,306.04 New Fee
Engineering/Development Services:
Qualified Licensed Professional Engineer
(QLPE) Review $298.70 $290.00
Planning:
Remand Fee $705.00 New Fee
City Clerk:
Campaign Filing Fee $40.00 New Fee
Page 6
w IDIAN�
AGENDA ITEM
ITEM TOPIC: Request for Reconsideration of City Council's Decision of Speedy Quick (CR-
2021-0003) by Clark Wardle, Located at 2560 S. Meridian Rd.
Item#2.
Charlene Way
From: Chris Johnson
Sent: Tuesday, August 31, 2021 3:56 PM
To: Lynette Cochran; City Clerk
Cc: Josh Leonard; david@speedyquick.net; Bill Nary
Subject: RE: Request for Reconsideration - CR-2021-0003 - Speedy Quick
Received. We will be in touch with next steps soon.
Chris Johnson, M.Ed., IdCMC
City Clerk I City of Meridian
33 E. Broadway Ave., Meridian, Idaho 83642
Phone: 208.888.44331 Email: c.ighnsnn(2_M_�rEidi ncit .or
Ci ty, Clerk's Pffice,
Canncciring Our Citizens to Tt e&Gove nrnenir
All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law,
in regards to both release and retention,and may be released upon request,unless exempt from disclosure by law.
From: Lynette Cochran <lcochran@clarkwardle.com>
Sent:Tuesday,August 31, 2021 3:50 PM
To: City Clerk<CityClerk@meridiancity.org>
Cc:Josh Leonard <jleonard@clarkwardle.com>; david@speedyquick.net
Subject: Request for Reconsideration -CR-2021-0003-Speedy Quick
II:xteirn:all Sendeir-Please use caution with links or attachments.
Please see the attached request for reconsideration submitted on behalf of Speedy Quick in CR-2021-0003. Please
acknowledge your receipt by return email.
Thank you,
Lynette Cochran, Legal Assistant
WARDLE 251 E Front Street,Suite 310 1 PO Box 639 1 Boise, Idaho 83701
Icoc,hran«Y)clarl(wardle-.com I Phone 208.388.1000 1 Fax 208.388.1001
DEVELOPMENT ATTORNEYS
CONFIDENTIALITY NOTICE: This transmission is intended only for the use of the individual(s)named as recipients. It may contain information that is privileged,confidential,and/or protected
from disclosure under applicable law including,but not limited to,the attorney-client privilege and/or work product doctrine. If you are not the intended recipient of this transmission,please notify
the sender immediately by telephone. Do not deliver,distribute or copy this transmission,disclose its contents,or take any action in reliance on the information it contains.
THIS E-MAIL IS NOT AN OFFER OR ACCEPTANCE: Notwithstanding the Uniform Electronic Transactions Act or any other law of similar import,absent an express statement to the contrary
contained in this e-mail,neither this e-mail nor any attachment are an offer or acceptance to enter into a contract,and are not intended to bind the sender or any other person or entity.
1 Page 8
Charlene
From: Lynette Cochran <|cochran@darkward|e.com>
Sent: Tuesday, August 31' 2O21 3:50PK4
To: City Clerk
Cc: Josh Leonard; david@speedyquick.net
Subject: Request for Reconsideration [R-2021-0003 Speedy Quick
Attachments: Request for Reco Inside ration.pdf
I::',xteirnmUSendeir'Please use caution with links orattachments.
Please see the attached request for reconsideration submitted on behalf of Speedy Quick in CR-2021-0003. Please
acknowledge your receipt by return email.
Thank you,
CLARK Lynette Cochran, Legal Assistant
WARDLE 251 E Front Street,Suite 310 | PO Box 63v | Boise' |doho837Ol
| Phone 208.388.1000 | Fox208.388.1001
DEVELOPMENT ATTORNEYS
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THIS E-MAIL/v NOT^w OFFER omACCEPTANCE: Notwithstanding the Uniform Electronic Transactions Act=any other law w similar import,"*se"^""express statement to the contrary
Item#2. •
DEVELOPMENT REAL PROPERTV ZONINC
WARDLE
JOSHUA J. LEONARD
J LEONARD@CLARKWARDLE.COM
August 31, 2021
Meridian City Clerk
33 E. Broadway Ave., Suite 104
Meridian, Idaho 83642
Re: Speedy Quick (CR-2021-0003) - Request for Reconsideration of Meridian City
Council's Land Use Decision CW Matter No. 23481.1
Dear City Clerk,
This firm represents Blood, LLC ("Applicant") in the above-referenced matter. On behalf of
the Applicant, we write to formally request reconsideration of the Meridian City Council's final
land use decision in application no. CR-2021-0003.
Meridian City's Uniform Development Code ("UDC") provides that a request for
reconsideration of a final decision of the City Council is appropriate only after "final approval
of the findings of facts, conclusions of law, decision, and order" (UDC § 1-7-10.A.1).
In late July, we received a letter dated July 21, 2021, which referenced "Speedy Quick (CR-
2021-0003)," and included only the following statement about the City Council's decision in
the above-referenced matter:
This letter is to confirm that the City Council upheld the Director's determination
regarding the dimensional standards set forth in UDC Table 11-2B-3 and
denied the subject application at their July 6, 2021 meeting.
July 21, 2021 letter from Caleb Hood, Planning Division Manager (the "July 21st Letter").
In late August, we received a similar letter, this one dated August 23, 2021, which again
referenced "Speedy Quick (CR-2021-0003)," and included only the following statement
concerning the Meridian City Council's decision:
This letter is to confirm that at their meeting on August 17, 2021, the City
Council entered Findings of Fact, Conclusions of Law, and Final Order
upholding the Director's determination associated with the above-listed
application.
T.Hethe Clark Ceoffrey M Wardle Joshua J.Leonard Rylev Siegner 7:208.388,1000 251 E Front St,Su:1 31U
F 208.388.1001 PO Box 630
clorkwordle.com Boise l0 83701 Page 10
Item#2.
August 31, 2021
Request for Reconsideration: Speedy Quick (CR-2021-0003)
p. 2
August 23, 2021 letter from Caleb Hood, Planning Division Manager (the "August 23rd
Letter"). The August 23rd Letter did not enclose a copy of the Findings of Fact, Conclusions
of Law, and Final Order that the City Council approved on August 17, 2021, to uphold the
Director's decision finding against the Applicant.
Idaho Code ("I.C.") § 67-6535(2) contains requirements for final decisions:
The approval or denial of any application required or authorized pursuant to
this chapter shall be in writing and accompanied by a reasoned statement
that explains the criteria and standards considered relevant, states the
relevant contested facts relied upon, and explains the rationale for the
decision based on the applicable provisions of the comprehensive plan,
relevant ordinance and statutory provisions, pertinent constitutional principles
and factual information contained in the record.
I.C. § 67-6535(2), emphasis added. Subsection (a) then prescribes the result of a final
decision that fails to include the requisite elements:
(a) Failure to identify the nature of compliance or noncompliance with
express approval standards or failure to explain compliance or
noncompliance with relevant decision criteria shall be grounds for
invalidation of an approved permit or site-specific authorization, or
denial of same, on appeal.
I.C. § 67-6535(2)(a).
Reading UDC § 1-7-10.A.1. together with I.C. § 67-6535(2), the Applicant is entitled to a much
more detailed "reasoned statement" that includes approved "findings of facts, conclusions of
law, decision and order." Until a complete "reasoned statement" is approved by the City
Council and sent to the Applicant, the timeline for the Applicant to submit its request for
reconsideration has still not yet begun to run.
Pursuant to UDC § 1-7-10.A.2., a reconsideration request "must be in writing and filed with
the City Clerk within fourteen (14) days of the final approval." This Request for
Reconsideration now is filed with the City Clerk within 14 days of the August 17th "final
approval."
The Applicant's request for reconsideration is submitted pursuant to Idaho Code §§ 67-
6535(2)(b), 67-6521(1)(d), and UDC § 1-7-10.
Specific deficiencies in the Council's decision include the following:
1. Failure to Comply with LLUPA Requirements. Although "at their meeting
on August 17, 2021, the City Council entered Findings of Fact, Conclusions of Law, and Final
Page 11
Item#2.
August 31, 2021
Request for Reconsideration: Speedy Quick (CR-2021-0003)
p. 3
Order" (August 23rd Letter), neither the July 21st Letter nor the August 23rd Letter included
the information required by Idaho's Local Land Use Planning Act.
2. Failure to Comply with LLUPA Requirements. Reviewing the approved
"Findings of Fact, Conclusions of Law, and Final Order" ("Findings, Conclusions, and Order")
also fails to comply with LLUPA, in that the Findings, Conclusions, and Order does not include
a sufficient "reasoned statement," as required by LLUPA. As a result, the Applicant's due
process rights are violated, in that the Applicant has no way to know:
• what criteria and standards were considered relevant by the City Council;
• what relevant contested facts were relied upon by the City Council;
• the rationale offered by the City Council for its decision; and
• how the City Council might have reached its decision, based on relevant
provisions of (a) the comprehensive plan, (b) the UDC, (c) LLUPA, (d)
constitutional principles, and (e) factual information in the record.
No substantive request for reconsideration (or subsequent Petition for Judicial Review) is
possible without all of the above information being provided to the Applicant, which is why
LLUPA requires the City Council, for every LLUPA-authorized or -required application, to
issue final decisions that include all of the above information.
3. Incorrect Standard Applied. The Findings, Conclusions, and Order fail to
explain the "criteria and standards considered relevant," as required by I.C. § 67-6535(2).
The first reason given by the City Council for upholding the Director's determination,
according to the Council's Findings, Conclusions, and Order, was:
...in evaluating the intent of the interpretation to apply to a re-use of an existing
structure was [sic] more reasonable interpretation to apply to the single
residential building, but not to any new buildings to be constructed on the site;
Findings, Conclusions, and Order, Section CA., third bullet. The Findings, Conclusions, and
Order included no citation to Idaho Code, the Uniform Development Code, or Meridian City
Code authorizing "was more reasonable interpretation" to be applied as the standard in this
matter.
4. No Factual Support. The Findings, Conclusions, and Order fail to identify the
"relevant contested facts relied upon," as required by I.C. § 67-6535(2). The second reason
given by the City Council for upholding the Director's determination, according to the Council's
Findings, Conclusions, and Order, was:
The intent of the code was to grant limited leeway to re-use an existing
structure, but not simply waive all setback requirements entirely.
Page 12
Item#2.
August 31, 2021
Request for Reconsideration: Speedy Quick (CR-2021-0003)
p. 4
Findings, Conclusions, and Order, Section CA., fourth bullet. There is no mention in the
Findings of the source of this unilateral finding of intent by the City Council.
If the City Council's decision to uphold the Director's determination was based on "[t]he intent
of the code," then there should be a citation to the source of such interpretation of intent.
Although testimony was offered regarding the "legislative intent" behind the applicable
language contained in UDC Table 11-2b-3, the person providing that testimony provided no
foundation for his personal knowledge of such claimed intent, and no citation was provided
for the source of any personal knowledge to support such testimony.
5. UDC is Ambiguous. Table 11-213-3 in the UDC states the applicable side
setback in the L-O zoning district as "10/52," with note 2 reading: "minimum setback only
allowed with reuse of existing residential structure." Reading this in the UDC, the Applicant
interpreted it as clearly authorizing a smaller 5' side setback for all buildings, if an existing
residential structure on the property was being reused. The City Council recognized that the
language used in the UDC's Table 11-213-3 is ambiguous:
The Council determined that the language on its face could be construed
in more than one way, but in evaluating the intent of the interpretation to apply
to a re-use of an existing structure was more reasonable interpretation [sic] to
apply to the single residential building, but not to any new buildings to be
constructed on the site;
Findings, Conclusions, and Order, Section CA., third bullet, emphasis added.
In reliance on his reasonable interpretation of Table 11-213-3, which the City Council now
admits is ambiguous, the Applicant expended funds to design and plan a site plan that
complied with the shorter 5' side setbacks.
6. Incorrect Legal Standard. Among the reasons given on the record for the
denial of the Applicant's appeal was that all applications must be treated the same, which is
incorrect. The unique facts and circumstances of each application must be considered and
decisions made on the merits of each application. Land use decisions by a local agency have
no precedential value.
7. Final Decision Flawed; Violated Applicant's Substantive Rights. The City
Council's decision was:
• In violation of constitutional or statutory provisions, including (without
limitation) those entitling the Applicant to due process of law and the rights
of the Applicant to own, use, and enjoy its real property;
• In excess of the statutory authority of the agency, in that the City Council is
required to implement the plain language of the UDC;
Page 13
Item#2.
August 31, 2021
Request for Reconsideration: Speedy Quick (CR-2021-0003)
P. 5
• Arbitrary, capricious, or an abuse of discretion, as set forth above.
Based on the above deficiencies, the Applicant's substantive rights, including its right to own
and use property, were violated.
Additionally, while the Applicant's appeals were still in process, and before the City Council's
August 17 "Final Decision" was made, City staff notified the Applicant:
...you were to commence the use, acquire the building permits and commence
construction on or before July 6, 2021. As it is July 22, 2021 and this has not
occurred, the CUP is no longer valid.
July 22, 2021 email from Current Associate Planner Alan Tiefenbach to Lynette Cochran,
Applicant's attorney's Legal Assistant. However, the Applicant could not have pulled building
permits for its planned improvements on the subject property - the Applicant needed to wait
for a final decision on its appeals. It was fundamentally unfair for the deadline for expiration
of the CUP to continue running while the appeals were unresolved. In a subsequent email,
Planning Supervisor Bill Parsons noted his concurrence with Associate Planner Tiefenbach's
UDC interpretation of the CUP deadline and expiration.
On behalf of the Applicant, we continue to reserve all rights to supplement this request for
reconsideration. We further reserve our right to submit a request for reconsideration within
14 days of receipt of a complete final decision that includes the "reasoned statement that
explains the criteria and standards considered relevant, states the relevant contested facts
relied upon, and explains the rationale for the decision based on the applicable provisions of
the comprehensive plan, relevant ordinance and statutory provisions, pertinent constitutional
principles and factual information contained in the record" required by LLUPA and "findings
of facts, conclusions of law, decision, and order" required by the UDC.
Sincerely,
014�j
Joshua J. Leonard
Cc: David Blood
Page 14
77
C� E IDIAN�
AGENDA ITEM
ITEM TOPIC: Ordinance No. 21-1949: An Ordinance (H-2020-0122 3175 N. Ten Mile
Rezone) for Rezone of a Parcel of Land Being a Portion of Government Lot 1 of Section 3,
Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho; Establishing and
Determining the Land Use Zoning Classification of 1.16 Acres of Land from R-4 (Medium Low
Density Residential) Zoning District to L-0 (Limited Office) 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 of the Ordinance, and Providing for a Waiver of the Reading Rules; and Providing
an Effective Date
Page 15
ADA COUNTY RECORDER Phil McGrane 2021-138701
BOISE IDAHO Pgs=5 ANGIE STEELE 09/22/2021 09:01 AM
CITY OF MERIDIAN, IDAHO NO FEE
21-1949
CITY OF MERIDIAN ORDINANCE NO.
BERNT, BORTON, CAVENER,
BY THE CITY COUNCIL: HOAGLUN, PERREAULT, STRADER
AN ORDINANCE (H-2020-0122 3175 N. TEN MILE REZONE) FOR REZONE OF A
PARCEL OF LAND BEING A PORTION OF GOVERNMENT LOT 1 OF SECTION 3,
TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO;
ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF
1.16 ACRES OF LAND FROM R-4 (MEDIUM LOW DENSITY RESIDENTIAL) ZONING
DISTRICT TO L-O (LIMITED OFFICE) 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 OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE
READING RULES; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF
MERIDIAN, COUNTY OF ADA, STATE OF IDAHO:
SECTION 1. That the following described land as evidenced by attached Legal Description
herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian,
Idaho, and that the City of Meridian has received a written request for re-zoning by the owner of said
property, to-wit: Vincent Rigby.
SECTION 2. That the above-described real property is hereby re-zoned from R-4(Medium Low
Density Residential) Zoning District to L-O (Limited Office) Zoning District in the Meridian City Code.
SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the
Ordinances of the City of Meridian zone said property.
SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws
of the State of Idaho, and the Ordinances of the City of Meridian to re-zone said property.
SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as
the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the
City of Meridian in accordance with this ordinance.
SECTION 6. All ordinances,resolutions,orders or parts thereof in conflict herewith are hereby
repealed, rescinded and annulled.
SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval
and publication, according to law.
RE-ZONE ORDINANCE—3175 N.TEN MILE REZONE-H-2020-0122 PAGE 1 OF 3
SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the
effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a
draftsman manner, including the lands herein rezoned,with the following officials of the County of Ada,
State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously
a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho.
SECTION 9. That pursuant to the affirmative vote of one-half(1/2)plus one(1)of the Members
of the full Council,the rule requiring two (2) separate readings by title and one (1)reading in full be, and
the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon
its passage, approval and publication.
PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 21 st
day of September 2021.
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 21st day of
September 2021.
MAYOR ROB RT . SIMISON
ATTE�+�7-� �
CHRIS JOHNSON, CI V`� ERK
STATE OF IDAHO, )
) ss:
County of Ada )
On this 21st day of September 2021, before me, the undersigned, a Notary Public in and for said State,
personally appeared ROBERT E. SIMISON and CHRIS JOHNSON known to me to be the Mayor and City Clerk,
respectively, of the City of Meridian,Idaho, and who executed the within instrument, and acknowledged to me that the City
of Meridian executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above
written. [ }
CHARLEN E WAY � Notary Public for Idaho
I COMMISSION#67390 � � Residing At: Meridian,Idaho
NOTARY PUBLIC My Commission Expires: 3-28-2022
STATE OF IDAHO
ICY GCIMMISSION EXPIRES 3128122���
RE-ZONE ORDINANCE-3175 N.TEN MILE REZONE-H-2020-0122 PAGE 2 OF 3
EXHIBIT A
Item#3.
A. Rezone Exhibit and Legal Description
Professional Engineers,Land Surveyors and Planners
' Q + ' 924 3"'St.So.Nampa,10 83651
1 �'.�S f roc_ Ph (206)454-0256 Fax(208)467-4130
e-ittnil: lu Irl�• r%:pt�g�2��tt1i1,�4��in[c5.us
FOR: McCarter-Moorchouse
J013 NO.;AU1920
1)KITI-: October 15,2020
PROPERTY DESCRIPTION
A parcel of land being a portion of Government Lot 1 of Section 3,Township 3 North,Range I West
East,Boise Meridian,Ada County Idaho,more particularly descrikA as follows:
Commencing at the northeast confer orGovernmenl Lot 1,said corner being;S 890 07' 06"F a distance
of 2640.66 feet frown the NI/4 of Section 3;
Thence N 891 07'22"W a distance ol'285.89 feet along the north boundary of Government Lot 1;
Thence S 00°23'5 1" W a distance of0t.00 feet to a point on the northerly right of way of Ustick Road;
Thence 5 891 07'22"L a distance of 30.12 feet along the northerly right of way of Usticlo Road to the
POINT OF BEGINNING;
']'hence S 890 07'22"E a distance of 167.57 feet along the northerly right of way of Ustick Road;
Thence S 47'20'44"Ea distance of 42.40 feet along the northerly right of way of Ustick Road to a
point on the westerly right of way of Ten Milo Roud;
Thencc S 00'24'09"W a distance of275.57 feet along the westerly right of way of Ten Mile Road to a
point oft the northerly boundary of Firelight!;states;
Thence along the northerly boundary of Firelight Estates the following courses and distances;
Thence N 89'36' 15"W a distance of 113.16 feet;
Thence N 00123' 5 1"E a distance of 1 t0,07 feet;
Mc750r-1 &
A55C)Cr'9'f;C5 Inc
Professional Engineers,Land Surveyors and Planners
t'age r of
3175 N. Ten Mile Rezone H-2020-0122
Page 19
Item#3.
Thence N 89'07'59"W a distance of 85,77 feet to the northwest corner oi'Lot 8 Block 2 of Firelight
Estates;
Thence N 00'23'51"E a distance of 194.72 feet along the easterly boundary of Lot 2 Block 5 of
Eng1cwood Creak Estates Subdivision No. I extended to the POINT OF BEGINNING.
This parcel contains 1.1 G acres more or less.
SUBJECT TO:All existing rights of way and easements of record or implied appearing on the above-
described parcel of land.
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Professlonal Engineers,Land Surveyors and Planners
Page 2 of 2
Page 20
Item#3.
EXHIBIT B
PARCEL EXHIBIT
A PART OF THE NE 114,SECTION 3,T.3 N.,R. I W.,BM
MERIDWN,IDAHO
2020
0 50 100 200
5cole:-1"=100'
NW Corner
141/4 Connor Ccvcrnmcnt NE Corner
Section .T 589'06'50"E Lot I S89'07'22"E Government
USTfGK ROAD
N8910T22"'N _-� 1.01 I
1320.39' 1034.36' t
285.66,
r I
L2
p�F Fto
I
1
Porcal Line Tolle q l aw PARCEL 5 j
zl f1.16AC. m I
Lina IO Lon91h Direction i 1
L1 61,00 SO'23'51"W 1 o r\ 2
L2 30.i2 S59'07'22E N89'0T59,w p N I
85.77� I
w I I
h I
MIO
LEOEND z ti
N89:7615 i 5E Corner
p CALCULATED POINT ,,,..
FOUNO GRASS CAP MONUMENT 7F3,16 Government
® Lai 1
FOUND ALUMINUM CAP AIONUAIENT
FOUND 5/8"IRON PIA
GEED LINE
-------— SECTION LINE
McOARTER MOOREHOUSE
PARCEL EXHIBPT
AU1020
�Jj} J Wes �� AnG ea AU1020® 111
J �fason&��l tarttl scAef: I'-IGCr
560C1�tC5 4� °Nrrxr n+no�s+
y l4p 6IG1,he�tGefE
Y OA
cel 10100120A0
3175 N. Ten Mile Rezone H-2020-0122
Page 21
CERTIFICATION OF SUMMARY .
William L.M. Nary, City Attorney of the City of Meridian, Idaho , hereby certifies that the summary
below is true and complete and upon its publication will provide adequate notice to the public .
640� / jo��
William L . M. Nary, Chy Attorney
SUMMARY OF CITY OF MERIDIAN ORDINANCE NO. 21 - 1949
An ordinance (H-2020- 0122 3175 N. Ten Mile Rezone) for the rezone of a parcel of land as defined in
the map published herewith; establishing and determining the land use zoning classification from R4
(Medium Low Density Residential) Zoning District to L-O (Limited Office) 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 an effective date . A
full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Broadway
Avenue, Meridian, Idaho . This ordinance shall be effective as of the date of publication of this summary.
[Publication to include map as set forth in Exhibit B .]
RE-ZoNE ORDINANCE - 3175 N. TEN MILE REZONE - H-2020 -0122 PAGE 3 of 3