HomeMy WebLinkAbout2017-10-03Meridian City Council October 3, 2017.
A meeting of the Meridian City Council was called to order at 6:00 p.m., Tuesday, October
3, 2017, by Mayor Tammy de Weerd.
Members Present: Mayor Tammy de Weerd, Keith Bird, Joe Borton, Ty Palmer, Luke
Cavener, Genesis Milam and Anne Little Roberts.
Others Present: Bill Nary, C.Jay Coles, Jaycee Holman, Caleb Hood, Sonya Allen, Kyle
Radek, Casey Colaianni, David Jone, Andrea Pogue, Pam Orr and Dean Willis.
Item 1: Roll-call Attendance:
Roll call.
X__ Anne Little Roberts X _ _Joe Borton
X__ Ty Palmer X__ Keith Bird
__X___Genesis Milam __X__ Lucas Cavener
__X Mayor Tammy de Weerd
De Weerd: I would like to go ahead and start tonight's meeting by welcoming all of you
that are in attendance. I'm guessing the people in the back are here for credit; right? For
your class? Well, good. Well, we hope we won't bore you too much. Okay. But we will.
Item 1 is roll call attendance. Mr. Clerk, will you call roll.
Item 2: Pledge of Allegiance
De Weerd: Okay. Item No. 2 is the Pledge of Allegiance. Tonight we will be led by Troop
130 and I'm going to let them give you instructions on when to rise and all of that, so --
(Pledge of Allegiance recited.)
De Weerd: Young men, if I could offer you a City of Meridian pin for leading us in tonight's
pledge. Thank you.
Item 3: Community Invocation by Darrell Taylor with Ten Mile Christian
Church
De Weerd: Okay. Item No. 3 is our community invocation. I see Dusty Taylor here with
Ten Mile Christian Church. If you will all join us in the community vocation or take this as
an opportunity for a moment of reflection. Thank you for joining us.
Taylor: Heavenly Father, we thank you for this time set aside just to -- just to say thank
you and, Father, also just to -- just to ask that you would be with those that were affected
in that horrible shooting in Las Vegas and not only that, the shooting in Kansas, the fire
and the victims here in Nampa and, Father, the list goes on. The victims of the hurricanes
and earthquake down in Mexico. Father we ask that you would be with the first
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October 3, 2017
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responders, not only here, but where ever they may be. Father we ask for your watch
care over them. Father, keep them safe as they perform their most dangerous duties
and, Father, we just ask for their special blessing upon their families and notice when they
go out the door that -- that can be a very upsetting time. Ask that you will bless this
meeting today with your presence here, Lord, and your wisdom and your grace and we
thank -- that you, Father, for all of the men and women that work so hard to make Meridian
a great place to live and work. And, Father, throughout this day and throughout the days
to come we pray that we may continue to trust in you completely and be a blessing to
those that we come into contact with and we thank you in Jesus' name, amen.
Item 4: Adoption of the Agenda
De Weerd: Thank you for that blessing. Item 4 is adoption of the agenda.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Under the Consent Agenda, B, the resolution number is 17-2038. C is 17-2039.
Item P they put the wrong number in for the change order. It is 55,000 instead of 50,000.
And with that I move we approve the amended agenda.
Borton: Second.
De Weerd: I have a motion and a second to approve the agenda as amended. All those
in favor say aye. All ayes.
MOTION CARRIED: ALL AYES.
Item 5: Future Meeting Topics - Public Forum (Up to 30 Minutes Maximum)
De Weerd: Item --
Coles: You had one sign up for Item 5, Madam Mayor.
De Weerd: Okay. Item 5 is under our public forum. We do have one person that is
signed up.
Coles: It’s Mr. Merlin Slyter signed up. The description of the topic is the sewer use fee
and city code 9-4-24.
De Weerd: Okay. Mr. Nary, this is one of the items on our agenda.
Nary: Madam Mayor, it's slightly different than the appeal item. I think he wants to talk
specifically about the ordinance itself, not the result of the board of adjustment hearing.
So, I think it's to raise an issue of concern regarding how the ordinance is currently
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drafted. Thank you. Mr. Slyter. Sir, if I could, please, ask you to state your name and
address for the record.
Slyter: Merlin Slyter. 1502 West Balboa in Kuna.
De Weerd: Thank you.
Slyter: And I own property -- rental property here in Meridian.
De Weerd: Thank you so much.
Slyter: With regard to that rental property, the City of Meridian does not measure the
volume of sewer use by residents directly, but bases their fees for sewer use on the
gallons of water used. In the attempt to be fair and not to charge sewer use for water
used outside of the home, the city calculates the water use winter average for each
household and applies that volume as the maximum sewer volume during the other
months. Again, in the attempt to be fair and to protect itself , the city wants to be able to
assume higher sewer use in certain situations when sewer -- higher sewer use seems
apparent. City code prescribes the use of the city average winter residential water use ,
which is an average the city has established where the city default CCA is 6,500 gallons
as the maximum volume of sewer use when there is a change of occupancy during the
winter months. Of course when that happens, when there is a change of occupancy in
the winter, the winter average cannot be calculated, since the home -- the time period is
interrupted. In a couple of other situations sewer use may well be higher in the summer
months than the winter average and the city may want to be able to assume such higher
use. If a change -- for instance, if a change of occupancy occurs during the winter months,
during the summer, for instance, the city code doesn't prescribe the use of the city the full
CCA in that situation. It may seem obvious that new or returning residents would use
more sewer, but the city code does not address this. The other situation is a vacant house
with no water use in the winter, which remains vacant, but has use -- with no inside water
use in the summer, but, then, the lawn is being watered. So, it seems like there might be
use. The city still wants to be able to assume there is inside water use and sewer use,
but in this situation that is incorrect. However, a plain reading of the city code does protect
the interest of the owner of the house, since the prescribed calculation of the winter
average, which it was vacant when it was calculated, was zero and that's still the actual
sewer use. So, what's the answer for these two situations? A plain reading of city code
prescribes using zero as the winter average for sewer use for the months following a
vacant winter house. Best interest of the city suggests applying the city default CCA. The
city also wants to be respected and to have its laws and rules respected and honored and
to be seen as administering its business fairly. In part those purposes are accomplished
by being transparent, by allowing its actions to be viewed and reviewed and by having its
policy published, accessible and understandable. For the city to take liberty beyond the
scope of its own city code and routinely raise the utility fee above what is prescribed in
the code is not being transparent. This is allowing a noncodified judgment to be applied
by employees whose guidelines may change from time to time and are not available for
review.
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So, specify city fees and possible increases to fees in the city code, instead of allowing
the fairness doctrine or unwritten guidelines to authorize such fees or increases. The city
retains the right to reduce the fee in special circumstance, especially with fairness calls
for it and, of course, since its actions are public, it would only do so when public review
would support such a reduction. If the city wants to raise a fee unilaterally and without
the authority of the city code, it really needs to be certain of the fairness of that action and
have evidence to back itself up. If the evidence and facts prove the city wrong, the city
could face worse embarrassment or liability. I also suggest that the average winter
residential water use in the city be updated. Instead of 6,500 gallons, the current average
is, in fact, 4,600 gallons as presented by the Department of Public Works of the City of
Meridian in a public hearing recently. Thank you for attention and impartial review.
De Weerd: Thank you, sir. Council, this has been brought to your attention. The desire
to have a conversation on a future agenda regarding our process of sewer and water fees
and usage. Would that be your interest to put this on a future agenda?
Slyter: One additional comment?
De Weerd: Yes, sir.
Slyter: The language is, essentially, the same since 1985. Public records request by
myself showed documents back in 2004, 1987, 1985. It hasn't been changed much since
then. It's just been kind of passed on. It's kind of vague.
De Weerd: Okay. We appreciate you bringing this up. We are -- we are not going to
have a conversation about this, because it's not a posted item, but I guess the question
in front of this Council is do they want to see it as a future discussion item on a future
agenda. If that is the decision that is made, we will certainly let you know the date of that
conversation.
Slyter: Yes, ma'am.
De Weerd: Because it looks like you have put a lot of time and research into it. So, we
thank you for that.
Slyter: Yes, ma'am.
De Weerd: Okay.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: That was a suggestion and it makes great sense. I would certainly want to have
Legal and our Public Works Department have a chance to digest the proposed language,
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October 3, 2017
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discuss how it does or doesn't correct the issues that have been raised and see where
that takes us.
De Weerd: Okay. Mr. Nary, shall we put this on for the first meeting in November?
Nary: Madam Mayor, Member of the Council, I know there is -- there is a process that's
ongoing in Public Works currently that involves this particular section of our code . Not
this specific one, but the general section of the code and I don't know if there is a timetable
that we could have all of that as one discussion. I don't know if we have picked a specific
time. We have talked about it a little bit this afternoon and I don't know that we are settled
on that, but we can certainly make sure Mr. Slyter has notice when we are going to
discuss it, so that way he can be privy to the conversation and what the Council's direction
would be from that. But I don't know if it's at the next workshop or the one after that. But
I would anticipate talking to Mr. Bolthouse and we would be coming back to Council soon
with some recommendations in moving forward on that question.
De Weerd: Well, I guess what I'd like to do is put this on our workshop for November --
Nary: Okay.
De Weerd: -- for an update. If -- and, then, you can let us know where it is in the process.
But I'd rather have it on a date certain.
Nary: Great.
Item 6: Proclamation for Fire Prevention Month
De Weerd: Thank you. Okay. Item No. 6 is a proclamation for Fire Prevention Month
and I know we have a special guest here and so if Pam Orr and her special guest will join
me at the podium. Well, Sparky, thank you for joining us. What a great surprise to have
you with this tonight. This is Fire Prevention Month and so this proclamation will be in
honor of that and, then, I'm going to turn this over to Pam Orr, our prevention specialist,
to say a few words, to talk about some of the upcoming events, because there are plenty
of ways to get involved in and knowing more about how you can prevent fires in your
homes and places of work. So, thank you, again, Pam and Sparky, for joining us here.
Whereas the City of Meridian is committed to ensuring the safety and security of all those
living in and visiting our city and whereas fire is a serious public safety concern , both
nationally and locally, and our homes are where we are at greatest risk from fire and
whereas the Meridian's first responders are dedicated to reduce the occurrence of home
fires and home fire injuries through prevention education measures, such as fire safety
center and Project Safe and whereas our residents are responsive to public education
measures -- measures such as Public Safety Day and smoke alarm checks where we
learn to take personal steps to increase our safety from fire and whereas the 2017 Fire
Prevention Month theme is Every Second Counts, Plan Two Ways Out, which effectively
serves to remind us all of the simple actions we can take to stay safer from fire. Therefore,
I, Mayor Tammy de Weerd, hereby proclaim the month of October 2017 to be Fire
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October 3, 2017
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Prevention Month in the City of Meridian and I call upon all the people of our community
to heed the important safety message of replacing their smoke alarms every ten years
and I'm going to turn this over to Pam Orr and, Pam, thank you so much for what you do
in our community. I think you have a cadre of volunteers that go out and serve our citizens
and spread the word of prevention and helping them in their homes where they can . So,
thank you for everything you do.
Orr: Well, thank you very much for that. Definitely. So, this month it is a very busy month
for us. Sparky and I and a group of our volunteers will be going into the schools . All of
the students in all of the schools in Ada West that's in Meridian city will be receiving the
message that Every Second Counts, Plan two Ways Out. Homes today are more
vulnerable because of the items that we put in those homes. Fires spread so quickly in
these homes that having two ways out of every single room is such an important message
and, then, planning to practice those two ways out with your families. So, when your
children come home and they receive that message, please, please, just go over it with
them again and actually plan for them. Smoke alarms are definitely very important. They
are the number one defense in your home that you can have to save your life should you
have a fire in your home late at night when you're sleeping and so we are doing many,
many, many programs. Dominos in town, if you're going to purchase pizza next week,
Dominos are selecting random homes to deliver pizzas to and we will be inspecting smoke
alarms. If those smoke alarms work you get your pizza for free. If they don't work, we
are going back into the homes and we are bringing the ir alarm systems back functional
for them. So, it's a win-win all the way. And, then, lastly, this coming Saturday is Public
Safety Day. We have joined efforts with the Meridian Police Department and we have an
open house at Fire Station No. 1 from 10:00 to 2:00 and where all of these things that we
talked about are going to be educated to families and scouts. We have a special thing
for you if you come in uniform, we have a lot of activities that the scouts in Meridian can
be signed off on different badges. So, thank you very much and, Mayor, thank you again.
I appreciate that so much.
Item 7: Consent Agenda
A. Approve Minutes of September 26, 2017 City Council Regular
Meeting
B. Resolution No. 17-2038: A Resolution Establishing
Appointments for Board Members and Alternates to the Valley
Regional Transportation Authority.
C. Resolution No. 17-2039: Resolution to Approve City Council
President's Appointments of City Council Members to Serve as
Department Liaisons, Committee Members, Commission Ex-
Officio Members and City Area Contacts.
D. The Oaks South Subdivision No. 5 Water Main Easement
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E. The Oaks South Subdivision No. 5 Sanitary Sewer Easement
F. Final Plat for Hill’s Century Farm Subdivision No. 8 (H-2017-
0127) by Brighton Investments, LLC located approximately ¼
mile south of E. Amity Road, and 1/2 mile east of S. Eagle
Road
G. Findings of Fact, Conclusions of Law for Trust Storage (H-
2017-0082) by John Day Located Northeast Corner of S. Locust
Grove Road and E. Puffin Street
H. Professional Services Agreement for Meridian Anti-Drug
Coalition Strategic Prevention Framework State Incentive
Grant
I. Professional Services Agreement for Policy and Advocacy
Consultant Services for MADC
J. Memorandum of Understanding for MPD Canine Holding
Facility with Blackfoot Police Department
K. Second Amendment to Subrecipient Agreement Between City
of Meridian and Ada County Housing Authority for PY 2016
Community Development Block Grant Funds
L. Second Addendum To Purchase Agreement For Fabrication
And Installation Of Vinyl Traffic Box Wraps
M. Valley Regional Transit FY2018 Cooperative Agreement
N. Authorize Purchasing Manager to sign Purchase Order 18-
0005 to Goode Motor for Not-to-Exceed amount of $87,862.74.
O. Approval of Award of Bid and Agreement to SNF Polydyne,
Inc. for the POLYMER CHEMICAL for a Not-To-Exceed amount
of $200,000.
P. Amended: Approval of Change Order No. 2 to Task Order
10601.G for WRRF Capacity Expansion Services During
Construction to Brown & Caldwell. This is a cost neutral
change order to move $55,000 from FY18 to FY17 while
reducing the FY18 funding by the same $55,000.00.
Q. AP 7. Consent Agenda Approved as amended
De Weerd: Okay. That was fun. Item 7 is the Consent Agenda.
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Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: As stated earlier, Item 7-B the resolution number is 17-2038. Item 7-C resolution
number 17-2039. And Item 7-P has been amended from 50,000 to 55,000. With that I
move we approve the Consent Agenda as stated and for the Mayor to sign and the Clerk
to attest.
Borton: Second.
De Weerd: I have a motion and a second to approve the Consent Agenda as changed.
Mr. Clerk, will you call roll.
Roll call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts,
yea.
De Weerd: All ayes.
MOTION CARRIED: ALL AYES.
Item 8: Items Moved From the Consent Agenda
De Weerd: There were no items moved from the Consent Agenda.
Item 9: Community Items/Presentations
A. Mayor's Youth Advisory Council Update
De Weerd: So, will move to Item 9-A under Community Presentations. Tonight we have
our first of the year update from our Mayor's Youth Advisory Council Vice- President Collin
and come on up. Thank you, Collin, for being here.
Freese: Yeah. Of course. Hello, Mayor and City Council Members. I'm here to present
to you today the activities of what we have been doing in MYAC over these past couple
of months. So, first off, again, my name is Collin Freese and I'm the vice-chair at MYAC.
So, I'm just here to discuss what we have been doing. So, first I just want to address like
our lovely picture of just our exec council members as we have just got into the -- started
out the year. We first started out the year actually with what was called game night at
Home Court YMCA and what happened is is we did -- we had a bunch of MYAC members
come in and just play games and we try to break the ice with everyone . So, that we can
get everyone new, like freshman, sophomore, everyone new to MYAC just involved,
knowing that they are important in MYAC and that they matter and it's welcome to every
single student at every school. And, then, we had the town hall meeting, which we
actually put on. Jodi, who helped set up the whole thing, and, then, us MYACers showed
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October 3, 2017
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up and helped plan the whole event for speakers who were speaking. We also grabbed
questions, so that the questions could be addressed to the candidates who were running.
So, that whole event was run by MYAC itself. And, then, we had the Treasure Valley
Youth Safety Summit. This was actually a big event for us. There was I think 160 people
who showed up from different schools around West Ada. Also from Eagle and so on.
And it was crazy just to go there and there are so many students that are impacted by the
kindness and just growing together, led by Meridian Police Department. So, what
happened was is we were -- we were set into groups of each school and we were sent
out and had different jobs and activities to do. Like one had to address bullying and that
was a huge one that people were impacted by and the whole focus of it was, you know,
to have fun and feel like a kid again, but, at the same time, address real life situations that
we face today. And so we had an amazing speaker who spoke upon kindness and how
we can bring that back to our schools and students were involved in just wanting to know
more and more how they can help out in each school and at the end we had what was
called a tool kit and so what we are doing in MYAC is that each school is performing --
say if I put on a suicide prevention run, then, we get points and each school is trying to
help out in the community, to help out in the schools, and we are just trying to do it for
each individual school and just help out in the community. If it's from a banner all the way
to just serving in the community and that was a big take away from it and I thought it was
just so amazing to see how many hearts were just impacted by coming to this huge event .
And so these are pictures of just students just being impacted by what was going on. And
then -- so, the feature events that we have coming up. Next week, Wednesday, is
Farmstead Corn Maze. TAC is putting that on. And so we are going to have students -
- we want to get more and more MYACers involved in coming together and just socializing
and knowing that MYAC isn't just all seriousness, but we are all high school students, we
are all here to -- at the same time be serious and take situations seriously. Also to have
fun and remember that we are in high school and that we can impact and change the
community. And the last thing, obviously, is trunker treat and you guys all know what that
is. So -- yeah. So, these are activities that we have been doing and I just can't wait to
come back and tell you guys about what we are going to be doing next month.
De Weerd: Thank you, Collin. Any questions from Council? I do. How many students
have shown up at the first couple of meetings?
Freese: I think we had -- let's see. A hundred -- which one are you talking about? When
we had the parents come as well or --
De Weerd: Oh, you can average it out.
Freese: Okay. Well, the first official one we had two separate meetings and I would say
-- I think we had 160 kids register. Is that right, Jodi? Yeah. And so we -- it was a huge
add on to what it was from last year and -- and it's actually been staying very constant
and so that's great just to see the kids coming back and more and more freshmen coming
in, too.
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October 3, 2017
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De Weerd: Yeah. That has been exciting. So, we have a number of high school students
in the audience. What does it take to be a MYAC member?
Freese: An attitude just to serve the people around you and serve the community and
wanting that ambition and passion to help out. That's pretty much it. Just show up to the
meetings and be involved.
De Weerd: Thank you. Okay. Council, anything further?
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: Collin, you touched on something that interested me. This tool kit that you
have provided to your colleagues. You indicated that there is a point system.
Freese: Uh-huh.
Cavener: Can you expand on that a little bit more. How do you earn points and is there
a -- is there a competition to do good in our community amongst the schools and, if so,
when does that conclude?
Freese: Okay. So, the tool kit was presented to us and what it is is there is bronze, silver
and gold and bronze is fifty points, silver as a hundred, and gold is 150. The tool kit
comes with -- so 50 points -- I believe it's like if one week you put on a PSA throughout
your school and you would get that for your team that we set up at the Treasure Valley
Safety Summit. So, since I'm in -- from Meridian, I'm in the Meridian group, so that's my
team and the more points you get -- whoever has the most points at the end of the year
gets a prize, a trophy, and it's pretty much just to celebrate like the passion of helping out
in the community that you're doing.
De Weerd: So, a lot of that is the focus has been on driver safety, on substances, and
on bullying behavior and one of the things that was added this year -- because our
executive council thought it was really important that you not just listen and, then, learn
through play, but you're able to, then, huddle with your peers afterwards and come up
with some action plans that what is specific of concern in those schools and what they
want to bring back as ideas to put into action in those schools. So, they will be reaching
out to the student councils and other organized groups in those schools to -- to encourage
that collaboration and making an impact -- a more focused impact in their schools. So,
we are excited to see how that will play out. Each of the executive council members has
ownership in the accountability piece in their schools. So do the school resource officers
that participated in the discussion and were there as they put together their action plans.
So, we are excited to -- to see what happens in our schools and we look forward to hearing
a report back at the end of the school year to see how that worked out .
Freese: Yeah. I can't wait.
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October 3, 2017
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De Weerd: Thank you, Collin, for being here.
Freese: Yeah.
Cavener: Madam Mayor, just a comment, too. I was able to attend the first MYAC
meeting and I was really impressed, not just with the students, but the level of
engagement from the advisers. I wasn't aware that we had two people from the Meridian
Police Department serving as advisers and Megan Larsen from the library district as an
adviser and Renee and, of course, Jodi and the Mayor and I just think it's really great to
see this level of engagement with our youth and, honestly, I thought the candidate forum
was -- was a great event. Well attended, well promoted, and you guys managed it well
with the amount of candidates that were there. So, it was really great. You guys are
doing a great job.
B. Solid Waste Advisory Committee: Community Recycling Fund
Application for Catalpa Leaf Shaped Bench for the 77 acre
South Meridian Regional Park
De Weerd: Thank you for your comments. Okay. Item 9-D is under our Solid Waste
Advisory Committee and I see we have Steve, our chair. Thank you for joining us.
Cory: Thank you, Madam Mayor, Members of the City Council. I bring you greetings
from the Solid Waste Advisory Commission. I am Steve Cory and I'm chairman of the
Solid Waste Advisory Commission. I represent SWAC at this time. We are before you
asking for approval to use some of the community recycling program funds for a project.
SWAC's concept was to have a joint bench project with the Meridian Arts Commission
and Meridian Parks Department and we very much appreciate their participation in this
activity. This is the first CRFP project south of the interstate and SWAC felt it was time
for south Meridian residential recyclers to receive a project. As background, currently the
recycling fund stands just over 40,500 dollars and we are in a phase where we are asking
for community applications to use those funds, which we will consider and I will be back
in front of you if there is any we can recommend to you, but at this time we are requesting
authorization -- authorization to use no more than 2,756 dollars for one of the Catalpa
leaf-shaped benches for the south regional park and with that I would stand for questions
on this request.
De Weerd: Thank you, Steve. Council, any questions?
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: I move that we approve the spending authority not to exceed 2,756 dollars for the
Catalpa leaf-shaped bench for the 77 acre south Meridian regional park.
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October 3, 2017
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Little Roberts: Second.
De Weerd: I have a motion and a second. Any discussion? Mr. Clerk, will you call roll.
Roll call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts,
yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
De Weerd: Thank you, Steve, for your service.
Cory: Madam Mayor, if I may, I would like to bring some news from the Solid Waste
Advisory Committee of the county.
De Weerd: You bet.
Cory: Okay. First some good news. Having pushed the county a little bit, they did
sharpen their pencil and looked at their finances going forward to make sure that they can
cover capping and expansion and various other things and they can see that the fees that
they are receiving at this point will cover their projected capital projects , so they do not
expect to be requesting an increase in fees at the landfill. The second one is quite intense
for us. We have been made aware that there is significant pressure on recycled materials
markets at this point. That is to say the cardboard, plastic, and so on and there will be a
great deal of effort this month to come to grips with how significant it is. The nature of it
is just that China has significantly increased their quality requirement for the materials
that they will receive for use within China and the quality requirements are nearly
unattainable. I guess if you have significant amounts of personnel that are willing to sort
through things you might get there, but it's very difficult for automation to accomplish it
and as such we are being told that there may need to be some drastic changes to the
recycled materials program. I will keep you informed in a very timely manner as this
develops, but I just felt that it was necessary for me to give you some warning that we
may be here within a month with some significant issues and I would stand for questions
about those two items.
De Weerd: Thank you. Council, any questions? I guess only that we look forward to
hearing follow-up discussion on the recycled program and -- and the comingling. It
sounds like it might be at risk. Okay.
Cory: Once again thank you. We really very much appreciate your support and we are
always available if there is things we can research for you or you want us to consider.
Item 10: Action Items
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A. Request for Appeal to Board of Adjustment Decision (BOA
2017-04) by Merlin Slyter
De Weerd: Thank you, Steve. Okay. Under Action Items, Action Item 10-A is a request
for appeal to the board of adjustment decision 2017-04 that was brought by Mr. Merlin
Slyter. This is a limited appeal, which means that the Council's role is to review the
complete record related to Mr. Slyter's case before the board of adjustment, including the
transcript from the BOA meeting and the board's decision to determine the following:
One, whether or not the city's processing of Mr. Slyter's disputed 2017 sewer use charges
was fair and, two, whether the board's decision was supported by the findings of facts
based on substantial evidence and conclusions of law that were not clearly erroneous .
The City Council may affirm, modify, or overturn the board -- a decision by the board. The
Council's decision is final. No new evidence may be presented tonight, but each party
will have five minutes to make a brief statement if they so choose. So, I guess, Mr. Slyter,
do you wish to make an opening statement about this and , if so, please, join us at the
podium. And if you will, please, again, state your name and address for the record.
Slyter: Yes. Thank you. Merlin Slyter. 1502 West Balboa Street in Kuna. A rental house
here in Meridian.
De Weerd: Thank you. And I will just state that you do have five minutes to tell us about
your appeal and include what your specific objections might be .
Slyter: The board did accept the argument and make an adjustment. However, it was
still presumed to be a courtesy and it wasn't a courtesy, it was stipulated by the city code,
and I am not satisfied that the city is presuming that it can raise a rate when it doesn't
have the authority in its code to do so. Typically, that allows adjustments to be made
differently in different circumstances and maybe not fairly across different people ,
because it isn't specified more clearly how to do that . One statement was made in the
-- in justification for setting my sewer use average at the city default CCA that -- well,
there had been a history of higher use before, so we really need to protect ourselves
against someone using 10,000 gallons. But that very statement goes against your own
protocols, because you don't use a previous occupant's history to determine what the
current occupants use. But, in fact, that's what was being referred to. So, that just shows
that without better guidelines improper judgments can be made. Part two of the appeal
is that it's not -- your average is not 6,500 gallons anymore and the code specifies in lower
case letters that the city winter -- city winter residential water use is X. It's not a published
-- it's not a published item. Standard. It is what the city residential winter resident water
use is and as presented by Kyle Radek at the meeting, the -- by Public Works calculations
over the last three years, the average is 4,600 gallons, not 6,500 gallons. So, the city is
using the wrong standard across the board as a default CCA. Don't have the legal
authority to do that I don't think. Item three. The house was vacant over the winter.
Winter average calculates mathematically zero. Follow the code -- follow the language
of the code, calculate it at zero. There was no change of occupancy. Winter -- the
residential water use over the summer inside continue to be zero . My statement to that
effect should be sufficient. The burden of proof lays with the city to prove otherwise,
Meridian City Council
October 3, 2017
Page 14 of 36
because the city code does not specify that you have the right to assume something
different. I would say that it's reasonable to assume something different . There is water
use at the house now when I'm watering the lawn. You really need to have it in the code
to allow you to assume something different. It's not stated that way. It's stated that it
would be the winter average. Winter average was zero. It should stay as prescribed by
the code. So, this is really just a focal point now for actually my contention that you need
to update your code. But my request is that, in fact, my winter average should be applied
as my CCA, not the winter average calculated by the city three years ago. And it -- if you,
in fact, decide to leave it at the city default CCA, it shouldn't be at 6,500, it should be at
4,600, in specifics. Okay.
De Weerd: Thank you, Mr. Slyter.
Slyter: Stay here for questions or --
De Weerd: No. I think that now we will hear from the BOA and -- and see what they say
and, then, I will open it up for council questions. Thank you so much. Okay. So, Ms.
Pogue. You, too, will have five minutes. If you will, please, state your name and position.
Pogue: Thank you. Andrea Pogue, deputy city attorney. Mayor, City Council, Mr. Slater
asked the board to adjust his winter average to zero and his account to be credited $16.62
for sewer charges, because in his opinion they are not based on the winter averages
prescribed by Meridian City Code 9-4-24. The board of adjustment had a hearing that
lasted approximately one and a half hours. Upon its conclusion the board decided to
credit his account as requested, to reset his winter average to the 6,500 gallon default
per Section 9-4-24 and, three, the board waived future sewer usage charges while the
property is vacant, provided Mr. Slyter provides -- presents supporting evidence of
nonoccupancy to MUBS. Mr. Slyter just expressed the basis for his appeal. So, before
us we -- you are asked tonight to review the board's decision. Did he receive a fair
process and was the decision based on findings of facts supported by substantial
evidence and lawful conclusions of law -- conclusions of law that aren't clearly erroneous.
Regarding the process provided Mr. Slyter. The city complied with the notice, scheduling,
and process requirements for resolving a dispute before the BOA, as required by Meridian
Code Sections 9-4-21, Code Section 2-8-6 and 2-8-7. Regarding the decision, let's
review the board's findings of facts -- or at least the majority of them. Mr. Slyter's property
was rented in 2016 and had a winter average of 10,000 gallons. It has been vacant since
September 29th of 2016 and there was no water usage through March 15 of 2017. In the
absence of metered winter water consumption pursuant -- pursuant to Section 9-4-24, the
computer is programmed to set the winter average to a default of 6,500 gallons per month
as the cap for summer sewer charges. Mr. Slyter queried the utility staff about this
average and based on the absence of winter consumption it was administratively reset to
1,000 gallons, which is the minimum a winter average can be set, because zero is not a
recognized number for winter average by code , resolution, or historical billing practices.
Mr. Slyter testified that but for a handful of times that the toilet may have been flushed
while cleaning up the property, all delivered water this summer was applied outside of the
home. City water is used to irrigate the property. The board found that the small amount
Meridian City Council
October 3, 2017
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of delivered water supported his testimony. Learning this, staff testified that there is
precedence in the case of vacant homes without pressurized irrigation to allow for a sewer
adjustment. Staff testified that had Mr. Slyter requested a sewer adjustment on the basis
of home vacancy versus his interpretation of code, it would have been granted
administratively, provided that he had been able to present some proof of nonoccupancy,
such as an Idaho Power bill or a gas bill. Mr. Slyter testified, instead, that his interpretation
of the code dictates that a winter average of zero is required, because based on the lack
of water usage during the applicable winter four month period and that home vacancy is
not specifically listed to receive the default 6,500 gallons. He further reasons that a zero
winter average would yield zero sewer use charges during the summer and he, therefore,
deserves his write off of his sewer charges. To this staff responded that since the winter
average is the max or cap that a person will be charged for summer se wer usage, his
interpretation leads to an unacceptable result. That would be free sewer usage. His
interpretation would also conflict with Code Section 9-4-1 that users of the sewer system
are required to pay for their use and that it would impose an unf air burden on rate payers
as a whole. Regarding this section of code staff testified that it allows for flexibility in that
the fairest billing practice is to establish a realistic winter average based on the customer's
historic usage. However, when no usage is available and the section lists some examples
for when that might occur, this code section establishes a winter average of 6,500 gallons,
which is the average winter residential water use, unless the current water meter reading
is less than 6,500 gallons. In that case the sewer use charge is based on the actual
metered water use.
De Weerd: Ms. Pogue, your time is up.
Pogue: Okay. May I just conclude?
De Weerd: Please.
Pogue: The board's decision to adjust off the 16.62 was based on the precedence for
-- precedence for nonoccupied properties. The decision for the winter average to revert
to the default 6,500 gallons was based on Section 9-4-24 and the board's concern that
when occupied a winter average of 1,000 gallons would not pick up a change in
occupancy in the property in question. The board's decision to allow Mr. Slyter to provide
proof to MUBS of continuing nonoccupancy was also based on precedence and did not
impute on him a burden that has not otherwise oc curred in similar situations. Therefore,
based on this review and your own review of the findings of fact and conclusions of law,
this Council may affirm the board's decision. Thank you.
De Weerd: Thank you. So, Council, this is your opportunity to ask any questions required
of Mr. Slyter or Ms. Pogue regarding, again, making sure that we focus on whether or not
the city's processing of Mr. Slyter's disputed 2017 sewer use charges were fair or, two,
whether the board's decision was supported by findings of facts based on substantial
evidence and conclusions of law that were clearly -- were not clearly erroneous. So, with
that I would ask if there are any questions.
Meridian City Council
October 3, 2017
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Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: I do. I have got a couple for Ms. Pogue if I could. Make you come up here to
-- one might just be to clarify. I had heard remarks made in his presentation about the
CCA -- the average usage being 4,600 a month, not 65 --
Pogue: And, Councilman Borton, Mayor, Council, currently the code set 6,500 as the
default. The basis of his hearing -- the request for his hearing wasn't for the board to
decide what the reasonable residential average is in the city, that's not really within the
purview of the board of adjustment to decide . That would be a question for the Council.
So, that -- that testimony came up during the conversation during that hearing. It wasn't
directed to the decision that the board faced regarding Mr. Slyter's sewer use charges.
Borton: Okay. Madam Mayor? The reason I ask when I look at the -- the materials that
are in the packet for us and you reference 9-4-24 and it speaks to the -- the winter average
of 6,500, but if there is a meter rate less than, then, the lower rate is what is utilized. The
actual --
Pogue: Correct. Sixty-five hundred is the cap.
Borton: Right.
Pogue: In other words, if -- if somebody is filling up their pool, it's not going down the
sewer and that's recognized. So, whatever that individual's winter average is set at, it
would be the cap for what it could be charged. In the case of the decision by the board,
the fact that they have reset it to 6,500 gallons, because of the lack of consumption during
the winter months, does impact Mr. Slyter, because of their following finding and decision,
which was to waive future sewer use charges if he can show proof that the property is
vacant and that was based on precedence. So, whether it was 6,500 or 4,600, the fact
is as long as that property remains vacant and Mr. Slyter communicates with MUBS and
MUBS would prefer that to be an annual adjustment discussion versus a monthly
discussion, then, he would have his charges credited.
Borton: Madam Mayor?
De W eerd: Mr. Borton.
Borton: Follow up to that. Help me reconcile the reference in -- and I think the record
speaks to a resolution of a base no less than one or a thousand ?
Pogue: Correct.
Borton: As being the base and, then, the ability to actually go to zero if it's a vacancy.
Meridian City Council
October 3, 2017
Page 17 of 36
Pogue: Okay. Councilman Borton. I'm going to try and answer that, but if I don't make
sense I'm going to defer to Kyle to testify to that.
Borton: And I will give you a little -- the scope of the question is not necessarily the --
more the legal what's set forth in the code, do you have the discretion or not to go below
the 1,000?
Pogue: Okay.
Borton: The city.
Pogue: So, the last resolution to set out serious charges sets it at one or one thousand,
not at zero. So, what that means is that because people -- the city wants people to pay
for their sewer use, zero to 999 gallons of delivered water for purposes of calculating the
winter average for summer sewer charges, there is -- it doesn't show up. That -- that
meter has to turn over to a thousand in order for there to be a registered amount to be
charged for water and perhaps for sewer, depending on what the CCA is. Does that make
sense? We -- our system is based on the thousand gallon, not on hundreds of gallons.
So, we start at 1,000 gallons. Everybody gets zero to 999 for free, essentially, because
the meter is going to roll when it hits a thousand and, then, it will just, you know, catch
itself up.
Borton: So, everybody's charged at least the 1,000 base?
Pogue: That's correct. Is that correct?
Radek: Madam Mayor, Councilman Borton, I'm not sure that what you just said is correct.
Everybody gets charged a base fee and in the case of water the base fee is $5.49 a
month and in the case of sewer it's $8.65 a month. What Andrea was just explaining is
that since we meter it at thousand gallon intervals, if the user uses 999 gallons the first
month of their -- of their count, they will get charged zero for water and zero for sewer.
They use 999 the next month, their meter will now be at 1,098 and -- 1,998 and so now
they will be charged for 1,000 gallons and, likewise, for the next month, so -- so, they
don't have a minimum usage fee, they only have a base fee every month and it's possible
if they don't use enough water or sewer they will be charged zero for usage . Does that
answer your question?
Borton: It does somewhat. And what got me confused is it -- and I apologize for -- for
making a mess of it when. The records spoke of the resolution 14-1018 on fees --
Pogue: Correct.
Borton: -- the city's minimum charge is one or a thousand, not zero, and I was trying to
reconcile that what sounded like a base fee or base usage with the ability for the city to
say zero if you can prove that it's vacant. They sounded like they were in conflict, but
maybe I have got them sideways.
Meridian City Council
October 3, 2017
Page 18 of 36
Pogue: When we talk about that the board was willing to waive his sewer use charges
based on non-occupancy, that's really different than resetting his winter average at zero.
They do not do that.
Borton: So -- Madam Mayor. Sorry to belabor this. So, the -- the thousand dollar -- a
thousand dollars -- a thousand base is the base and it's not eliminated, you're just saying
the decision was to wave it under these unique circumstances . If there is a proof of
vacancy.
Pogue: Correct.
Borton: Right?
Pogue: In his situation.
Borton: Okay.
Pogue: Yes.
Borton: Okay. And had that -- Madam Mayor? And had that been the basis of the appeal
in the first place -- or the request for adjustment to start this whole thing, that would have
been granted.
Pogue: Can you clarify that statement?
Borton: That's what I recall hearing, that had the request initially come forward with a --
Pogue: Correct.
Borton: -- argument that it's vacant and the request for an adjustment is based upon
vacancy, that would have been granted by the city, but --
Pogue: Correct.
Borton: -- he --
Pogue: Provided he could show proof --
Borton: Sure.
Pogue: -- of vacancy in the sense of a power bill that 's de minimis or in this case the
board found the small amount of water that was delivered supported his testimony that
he was applying the water outside, it wasn't going down the sewer this summer. So, it
just seems as though the issue to Mr. Slyter isn't the monetary credit, it's the point that
his interpretation of the code is that there can be or should be a winter average of zero
Meridian City Council
October 3, 2017
Page 19 of 36
and that somehow the city's interpretation not to do that is extending courtesies to him or
other people if adjustments occur, that we have been erroneous in -- in applying it the
way it's been applied historically in the city and that is historical use 6,500 gallon default
or, actually, it's -- that's the intent of MCD 9-4-24. It still gives some flexibility and then
-- to how winter use is -- winter averages are established, because there -- there are so
many situations that could yield nonconsumption not just during the four months, but
throughout the year. Mr. Slyter is correct to observe that and he's correct that it's not all
included in the code and that's because the code merely establishes the methodology for
set -- in the absence of an actual sewer meter we have to try and establish some fair way
of gauging sewer use and so we do that by looking at a winter period where it's charged
one for one, for every gallon of water, a gallon for a sewer charge per gallon and, then,
over those four months we take the average of water consumption to arrive at the winter
average for application for summer sewer use charges. It's confusing and ask questions
to understand this, because it -- it is difficult for lay people, as well as for staff. Could the
code be written more clearly? That's the subject that will be coming up at the November
workshop and I don't think anyone on the city's side would disagree with Mr. Slyter that it
could be written better, but the fact that in that code section, while there are examples
where nonconsumption may occur during the critical four month period , those are just
some illustrative examples. There is not language in that code that limits those situations
as being the only ones that get a default of 6,500 gallons set. So, it provides guidance
and like most code what happens next is the city applies the code through policy and
practice and procedures and that is what has been done and in speaking with the utility
building manager, how she applies that code section when it's a period of time which is
-- I believe it's April for setting winter averages -- snowbirds come back and there is
discussion -- if there is four months of nonconsumption it's set at 6,500. If someone calls
in and says oh, wait, I was a snowbird in Arizona, you know, and can give her some show
of what their usage was within her administrative discretion she can reset that winter
average. That's what Mr. Slyter did on his April bill. He got the -- saw the 6,500 gallon
default, called in and queried it, said a little bit about the property being vacant, but I don't
think he gave the full story that this was a nonoccupied property for an extensive period
of time, because he -- he just went into his interpretation of the code and his interpretation
is much more narrow and so he did receive a water -- an adjustment to his winter average
as low as it could go, which is a thousand gallons.
De Weerd: Okay. Any further questions for Ms. Pogue?
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: I'm not sure if this is for Andrea or not, but I think that this is getting really -- it's a
pretty mucky case, because we are talking about code, we are talking in lawyer speak
and code speak and I'd like to speak in people talk and layman's terms, because most of
us aren't lawyers and we don't write code, but I think that by discussing the code which is
what we have on a future agenda, is just making this I think more confusing. I understand
what the code is, but what we need to understand today is what the appeal is . So, he --
Meridian City Council
October 3, 2017
Page 20 of 36
the house is vacant. You told him you would credit back the money that -- from when he
wasn't there and that you would zero out the future sewer if he shows that the house was
vacant. So, I'm having a hard time -- because you gave him all that -- understanding what
the appeal is, other than changing the code, which is something we are going to talk about
in November.
Pogue: Council -- Mayor and Council. I would say he appeals that the request for him to
give MUBS some supporting document that his property is vacant is burdensome and
unfair to him that they -- they are asking him to do something they don't otherwise do and
the board received testimony from staff that that is what is requested in similar situations
in the past. So, that's one of his issues. His second appeal isn't specifically that the board
reverted his winter average to 6,500 gallons, but a twist on that, that it should be 4,600
gallons. So, that's the subject matter that wasn't before the board at all, so it can't be a
part of this appeal, because it's a limited appeal. This isn't a new hearing.
Milam: So, it's a moot point.
Pogue: It's a moot point. Exactly.
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: Andrea, you -- in your presentation you indicated that MUBS has the ability to
verify that there is low water usage; is that accurate? I recall you saying that the person
who is here providing testimony for us today had said, hey, I haven't used any water on
this property, the house has been vacant, and that we were able to look and say, yeah,
that's right, there hasn't been a lot of water usage.
Pogue: Councilman Cavener, Mayor, Council, I -- I believe what occurred at the hearing
was that he stated his water was going on the lawn. He -- the board recognized that they
had to decide whether they believed him or not . Because of the small amount of water
that he was -- that had been delivered -- I mean his bills have been extremely low this
summer -- they drew a finding of fact or -- that the -- that the metered water delivery
supported his testimony. In other words, it didn't seem like that was enough water to be
used inside and outside. It was for, you know, his lawn. So, they just found that. Now,
you know, I think Karie Glenn or Kyle Radek could say they can -- they can tell if there is
low water use or high water use, but that's not the city's job to monitor people's use. So,
that wasn't what the discussion was about during the hearing. They may have that
capability, but they don't do that in this case
they. They were just looking at the billing records.
De Weerd: Any other questions? Okay. Any questions for Mr. Slyter?
Cavener: Madam Mayor? It looks like Mr. Slyter may have had a comment that he
wanted to make and I wanted to give him the opportunity to be able to do that .
Meridian City Council
October 3, 2017
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De Weerd: If you will wait until you get to the microphone before you speak.
Slyter: I'm sorry. Councilman Borton, you made reference to -- apparently to a section
of city code that specified a unit one as a minimum. Where is that?
Borton: Madam Mayor. Excuse me. It 's referenced to the record in the findings. It -- it
speaks to a resolution 14-1018 billing rates and fees. The city's minimum charge is one
or one thousand, not zero. Can you give some context around the discussion about why
it's not --
Slyter: Is that -- is that part of the ordinance where 9-4-24 was established? I'm not
familiar with the --
Borton: I would probably -- I would have to defer to legal counsel on the source of that.
It's just in the record, so I just --
Slyter: Say that again. The code section was ordinance --
Borton: It's a -- Madam Mayor? It's referenced as Resolution 14-1018.
Slyter: Thank you, sir.
De Weerd: Do you need further -- do you need clarification? No.
Slyter: I -- just in comment, I would take issue with some of the -- the characterizations
that the city -- that the Mayor made in trying to express my position in her words isn't quite
the right way to do it, but protocol for the meeting required it.
De Weerd: Council, any questions? Okay. Thank you.
Milam: Madam Mayor?
De Weerd: Mr. Slyter.
Milam: Sorry.
De Weerd: We do have a question. Ms. Milam.
Milam: Madam Mayor. It's the same question, but I would refer it to you, but maybe to
clarify what the appeal is for, other than changing the code. You don't want -- so, is it
correct that you just don't want to show a power bill to prove that the residence was
vacant?
Slyter: I think -- I would want the city to abide the language of its own code, which is that
the calculation in the code as prescribed in 9-4-24 specifies the mathematical formula
Meridian City Council
October 3, 2017
Page 22 of 36
and zero is just as valid a number as one and I don't know that -- I don't recognize -- I
didn't see -- I don't have reference to the setting of one as a minimum versus zero. I don't
-- it's not in the city code. Not in Section 9-4-24. So, actually, it should be set at zero
unless your code is changed to allow you to presume something different . Yes, they
made the adjustment. That is effectively what needs to be done. So, it's more a focal
point for hoping that you address the wider concern.
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: And, sir, we are going to address the larger concern and I appreciate that you
brought that to us.
Slyter: This part isn't --
Milam: Okay. Because in my mind I'm thinking if they actually adjust it to a thousand, as
opposed to what they did, you would be paying more.
Slyter: It would have been easier on me. If it would have been I wouldn't have gone
through all this stuff. That's right.
Milam: But, then, we wouldn’t be reviewing the code.
Slyter: Right.
Milam: So thank you.
Palmer: Madam Mayor?
De Weerd: Mr. Palmer.
Palmer: Mr. Slyter, sorry. And I'm probably just going to restate her question in a way
that maybe makes sense in my brain, so that I make sure I have got it understood as well.
So, what you're looking for is to have the -- the winter average of zero applied to the
summer months, whether or not the home was occupied, because that's your
interpretation of our code.
Slyter: No. No. The city saw use -- water use going through the meter. They asked --
they asked the question. They don't have the authority to make a change. They have a
-- all the right to say, hey, this doesn't seem right. I say it's vacant. That's all the -- that's
all the discussion should be. I don't think that's right from your perspective either, because
that puts you in a bad situation. But that's the way your code reads. So, yes, it should
be set to zero in my situation. That's what my appeal focuses on. My CCA should be set
at zero, because that is what is prescribed by your code. Reasonably you shouldn't --
you should be able to assume use if there is you, even though the house had zero usage
Meridian City Council
October 3, 2017
Page 23 of 36
over the winter. Reasonably. Your code doesn't allow that. I talked with two attorneys
before coming here and one said, yeah, courts look pretty closely at the actual language
and reasonably interpret. The second said, well, most judges will allow a city to do --
interpret its code however they want -- however they want, as long as it's reasonable,
which obviates this entire appeal. If the city wants to just leave it the way it is, they can.
A judge isn't going to overturn it. It's reasonable. You're trying to do reasonable things.
But you're not being clear and transparent to the people that read the code . It doesn't
make sense when you do what you do when they look at the code.
Nary: Madam Mayor?
De Weerd: Mr. Nary.
Nary: Yes. I didn't want to comment on the board's decision, because I was part of that,
but I didn't know if Council Member Borton wanted an answer to the resolution and what
that reference of one was in relation to, because I have the resolution in front of me. So,
the resolution was approved by the City Council on September 16th of 2014 and this was
in regards to billing rates for both sewer and water, both the base rate as Kyle stated
earlier, as well as the consumption rate and it does presume a consumption of a minimum
of one unit of water as what the rate would be and it 's identified in here. I think what Ms.
Pogue was talking about is the unique circumstance where there was no consumption of
water in relation to sewer usage. But this resolution does -- does contemplate a minimum
of one. There was no zero in this calculation. It's a minimum of one and as was previously
stated, the one through 999 gallons of water consumption is charged at the base rate only
for that -- that level of consumption once it -- once it passes 1,000 gallons, then, a
consumption charge is charged per thousand gallons at a time . So, I just wanted to
answer that particular part of your question if that's what you needed.
De Weerd: Mr. Slyter, thank you again for joining us. Council, any other questions for
the appellant or the city?
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: I don't have a question, but a comment. I appreciate the thoroughness of the
process that's gone on before today's hearing. It's not necessarily -- even though we
might want to have it like a do over, a new trial so to speak, a new opportunity for a
hearing, because we don't see this very often and it's -- you brought up some very
interesting points that, obviously, have piqued the interest of the Mayor and the Council,
but the scope of today's hearing is somewhat more narrow and it's not necessarily an
opportunity to re-litigate and rehash the record of the facts , but in review of the record
that we all have, I, myself, don't see anything that -- that is evidence of a process that is
unfair or has been unfairly applied. It appears that the conclusions of the board of
adjustment is supported by the record and evidence that's before us and it doesn't appear
that it's clearly erroneous. It's not a clearly erroneous application of city code. I think
Meridian City Council
October 3, 2017
Page 24 of 36
what's happened and what we are left with -- I'm not inclined to vote to alter the decision
of the board of adjustment, but I think you've done a great service to the city in pointing
out opportunities -- if nothing else to provide additional clarity within our code , so even
though it's fairly applied and the application is supported by evidence , our residents and
users are able to easily understand it and maneuver around it and to comprehend what
the city is trying to do within its language and our Legal Department is probably already
well aware of opportunities to clarify that, but that's, obviously, for another day as well.
But I think that's a great value. So, in light of the narrow scope that the Mayor outlined
for today's hearing, I'm inclined to affirm the decision of the board of adjustment on today's
appeal and, then, work with -- have our legal staff work on opportunities this case has
provided us to make things more clear in the future.
Bird: Is that a motion?
Borton: It's comment at this point, unless there is any other comment.
De Weerd: Any other comment? I would entertain a motion then.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: Based upon the record before us and in light of today's hearing, I would move
that we affirm the decision of the board of adjustment with regards to Merlin Slyter's
appeal.
Bird: Second.
De Weerd: I have a motion and a second. Any discussion? Mr. Clerk, will you call roll.
Roll call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts,
yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
De Weerd: Mr. Slyter, thank you for your time tonight and for bringing -- highlighting a
place that we can really add some greater clarity and -- we find those things every now
and then. So, thank you for bringing this to our attention. And thank you to staff. We
appreciate your time as well.
B. Final Plat for Nursery Subdivision (H-2017-0128) by JLJ, Inc.
located at 570 S. Linder Road
De Weerd: Okay. Item 10-B is final plat for H-2017-0128.
Meridian City Council
October 3, 2017
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Allen: Thank you, Madam Mayor, Members of the Council. The first application before
you tonight is a request for a final plat. This site consists of 5.45 acres of land, zoned R-
8, located at 570 South Linder Road. The proposed plat depicts 29 building lots and two
common other lots on 5.45 acres of land in an R-8 zoning district. Staff has reviewed the
proposed final plat for consistency with a preliminary plat and the dimensional standards
of the R-8 district and found it to be in compliance and in substantial conformance as
required. No written testimony has been submitted on this application and staff is
recommending approval per the conditions of Exhibit B. Staff will stand for any questions.
De Weerd: Thank you, Sonya. Council, any questions?
Bird: Not at this time.
De Weerd: Okay. Does the applicant have any comment? Thank you. Council, this is
a final plat. If there is no further information needed, do I have a motion?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we approve H-2017-0129 with applicant and staff comments.
Milam: 0128?
De Weerd: 0128. Yes.
Milam: Second.
De Weerd: I have a motion and a second to approve Item 10-B. If there is no discussion,
Mr. Clerk, will you call role.
Roll call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts,
yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
C. Public Hearing for Brickyard Subdivision (H-2017-0107) by
John Carpenter located at 3611 N. Centrepoint Way
1. Request: Development Agreement modification to
accommodate the proposed development plan;
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October 3, 2017
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2. Request: Preliminary plat consisting of 61 building lots and 4
common lots on 14.27 acres of land in the C-G zoning
district; and
3. Request: Conditional use permit for a multi-family
development consisting of 215 dwelling units in the C-G
zoning district, by John Carpenter.
De Weerd: Item 10-C is a public hearing for H-2017-0107. I will open this public hearing
with staff comments.
Allen: Thank you, Madam Mayor, Members of the Council. It doesn't appear my map is
coming through on the vicinity map for some reason . The next applications before you
are a request for a development agreement modification, a preliminary plat, and a
conditional use permit. This site consists of 14.27 acres of land. It's zoned C-G and
located approximately a third of a mile north of East Ustick Road and west of North Eagle
Road. This is just to the -- is the Kohl's shopping center and just to the north of that
development area that's part of that commercial strip. This property was annexed in 2003
with a development agreement that has been subsequently amended a couple of times .
The Comprehensive Plan future land you map designation for this site is mixed use
regional. The applicant requests a modification to the existing development agreement
to change the development plan for the northern portion of the Centrepoint development
from a self-service storage facility, which is shown on the bottom site plan here,
commercial and multi-family residential uses, which is shown on the east side of
Centrepoint Drive. They are proposing to change it to mostly multi-family residential with
some vertically integrated residential. A preliminary plat is proposed consisting of 61
building lots and four common lots on 14.27 acres of land in the C-G zoning district. This
is a resubdivision of Lots 9 through 11, Block 1, and Lots 16 and 19 through 26, Block 2,
Centrepoint Subdivision No. 2. The plat proposed to develop in four phases with the first
two developing at the same time. Access is proposed to the residential uses via
Centrepoint Way and that is the street running through the center of the property here. It
is designated as a collector street. Two driveways are proposed on the west side of
Centrepoint and three driveways are proposed on the east side. A driveway access for
the parking lot at the community center and swimming pool is also proposed on the west
side and that is right here. Because the UDC limits access points to collector streets,
Council approval of the proposed accesses is required. There are also two accesses to
the east-west driveway to Eagle Road at the south boundary of the site. And this is the
-- if you can see where my pointer is here, the private drive that runs out to Eagle Road.
A conditional use permit is requested for a multi-family residential development consisting
of 215 dwelling units on 13.06 acres of land in the C-G zoning district. The units are
proposed to be configured as four-plex townhomes, with each unit having an upstairs and
a downstairs. Private usable open space, common area and parking is provided in accord
with UDC standards. A six foot tall vinyl privacy fence is proposed along the north and
east boundaries of the site. A few building types in various color schemes are proposed
for the four-plex structures within the development, consisting of two story units, three
story units, and three story with two story units on each end. Lots along the west
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October 3, 2017
Page 27 of 36
boundary are proposed to be all two story four-plexes to preserve view corridors of the
adjacent development and provide a transition to the three story structures. The
architectural character of the structures are required to comply with the design standards
listed in the City of Meridian architectural standards manual and this map shows the red
dots. Those units are all going to be two stories. The Commission did recommend
approval of these applications. Jonathan Seel and James Doolin, applicant's
representatives, testified in favor of the application. No one testified in opposition. Irene
Schrier commented. And written testimony was received from James Doolin, the
applicant's representative. Key issues of discussion were the concern regarding traffic
impact on Ustick and Eagle Roads. Desire for traffic calming for the driveway along the
west boundary of the site. And the effective of the proposed development on property
values. Key issues of discussion by the Commission was the phasing of the amenities
within the development and the adequacy of parking for the commercial uses associated
with the vertically integrated residential uses. Commission changes to the staff
recommendation are as follows: At the request of the applicant the five foot tall metal
view fence depicted on the landscape plan along the east boundary of the site is proposed
to be changed to a six foot tall vinyl privacy fence and the splash pad plastic contour
benches and a public art should be removed as proposed amenities, as they were not
intended to be included as amenities in the final plans. And, secondly, include a condition
that requires speed bumps to be constructed within the driveway along the west property
boundary for traffic calming. And, lastly, modify condition number 1.2.4 in Exhibit B to
allow the swimming pool, clubhouse, shelter and playground to be constructed with
phases one and two prior to issuance of any certificate of occupancy within the
development. The only outstanding issue for Council tonight is the applicant is requesting
Council approval of a waiver to UDC 11-3A-3 where proposed access is via the collector
street. That's North Centrepoint Way. Written testimony since the Commission hearing
has been received from John Carpenter, the applicant's representative, in agreement with
the Commission recommendation. The applicant did wish to go into detail with you
regarding the site amenities, the open space, and the off-street parking. So, he will
provide more details on that. Staff will stand for any questions.
De Weerd: Council, any questions at this time?
Bird: I have none.
De Weerd: Okay. Would the applicant like to make comment. Good evening. If you will,
please, state your name and address for the record.
Seel: Yes. Good evening, Madam Mayor, Council Members. My name is Jonathan Seel.
2906 Haven, Eagle. Sonya, if you can go to the overview slide for me, please.
Allen: I'm not sure -- this one? Okay. You're welcome to control it there, too, Jonathan.
Seel: Well --
Allen: But if you would like me to switch I certainly can for you.
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October 3, 2017
Page 28 of 36
Seel: -- yeah, I was -- let's see. Bear with us here. There we go. First off I think Sonya
did a very nice job of giving you the details on this, but what I'd like to do is just highlight
some things that I think are important on this project. With respect to the design
highlights, as I mentioned we have had to vertically integrate the buildings along the --
the south perimeter. In other words, just north of Hobby Lobby. When we met with staff
a while ago they were very optimistic I think -- or very pleased about the vertically
integrated buildings. They like the concept of it. I think it's gotten a lot of appeal with the
commercial and the retail. It has highly planted landscape buffers. Again, we have
incorporated a lot of that. There is very walkable connections in there between that and
also Champion Park Subdivision. There is a good land use transition between
Centrepoint's commercial use to the south and Champion Park Subdivision, which is a
single family to the west. There is 4.25 acres of open space, whereas the city code only
requires 1.73. Then the other thing is all exterior and landscaping are managed by an
HOA association and I think this is a very important point. There is a document that's
very specific about control. At the time that -- that these buildings are sold there is a fund
paid in, a maintenance fee, and there is a monthly maintenance fee. This literally covers,
for lack of a better word, all the maintenance for the exterior of this project. The only thing
it doesn't address is the interior of these four-plexes. That is the paving, that's the
driveways, that's the buildings, that's the landscaping, that's the street, the sidewalks, the
common areas, the amenities. Why I think that's important is -- I know you probably have
heard times where people will have rentals and there is an absentee landlord. This you
absolutely are sure that -- whether it's six months after it's done, three years, four years
-- as you're driving through you're not going to look and say, well, there is a guy he must
live out of state, because he doesn't see the condition of his property. The condition that
will be -- the condition or the standards for maintenance of this project will be equal or
potentially superior to any of the other subdivisions within Meridian. I think that's an asset
to the community. The next one is the amenity. So, I don't know if, Sonya, we are -- as
far as the amenities go -- in other words, as far as the amenities, we have the clubhouse,
we have the urban plaza, which is over in the southeast near the vertically integrated.
Again, we have the pathways throughout this, without -- without the development. We
have the walking trails. We have a swimming pool, which is 20 by 40. A children's play
structure area. An open soccer area and open grass -- grass area. A dog park. And
also two -- two shelters. So, again, I think there is a wide variety of amenities here that
can encourage people to stay within this project , in other words, instead of traveling out
of it. As far as parking goes, if you look at that, we have got 594 total parking spaces,
which is 2.77 spaces per unit. The requirement is two. There is 164 extra parking spaces
beyond what's required within code. There is 48 bike parking spaces, 26 are only
required. Within the vertically integrated there is one parking space per unit and one
space for 500 commercial. So, there is 47 parking spaces -- there is 48. I guess the thing
that I'm trying to say in kind of going through the amenities and stuff is I think Mr. Doolin,
the applicant, has not tried to meet city code or requirements, he's exceeded it, and I think
that speaks to the quality of the development and the quality of the developer. So, I think
those are -- those are important aspects. So, with closing I think this is an excellent
project. I think one of the things that I think is important here is that this actually offers
the city a third option for housing. If you think about it right now, pretty well within a few
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October 3, 2017
Page 29 of 36
exceptions you have got your single family home that you can rent or you can buy. You
have got your apartment project that you can live in, which may be a two or three story,
four story thing. So, those are your primary options. This offers, essentially, a -- almost
what I would call a single family structure. If it wasn't -- if it wasn't attached it would be.
The maintenance is taking care of it and you have the flexibility of still being able to rent
it. So, I think it brings a third option to the city and I think it's an asset to it. So, with that
I will stand for any questions that you might have.
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: Jonathan, I heard the word townhouse. So, that I understand this clearly, will
each individual unit be sold and individually owned or as a four -plex?
Seel: Mayor, Council W oman Milam, it will be as a four-plex. So, I think of it mentally
and so maybe that's not as a townhouse, but it's four units, so it's a four-plex. But each
one of those will be sold individually as a four-plex, so --
De Weerd: So, they will be sold as a four-plex instead of condominiumizing the -- the
spaces in --
Seel: Madam Mayor, that is correct. Yes.
De Weerd: Okay. Any other questions for the applicant?
De Weerd: Okay. Thank you, Jonathan.
Seel: Okay. Thank you very much.
De Weerd: This is a public hearing.
Coles: The only other sign-up, Madam Mayor, was James Doolin, the applicant.
De Weerd: Okay. This is a public hearing. Is there anyone who wishes to provide
testimony on this application?
Radek: Madam Mayor, I know this is a little unusual, but I -- in my review of this, it kind
of snuck up on me that I missed one thing on the review and I want to ask the applicant
if they will -- can you go back to the map there . In the design standards the -- there is a
requirement to make a second connection to the water system if it's reasonable and in
my analysis of this I modeled it and I -- I just missed it. Right now the only water
connection to this whole entire thing is coming from -- on that Centrepoint -- Centrepoint
water main. So, my request -- the applicant would be -- would you -- it looks like there is
a couple opportunities to make a water main connection to the existing water main in that
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October 3, 2017
Page 30 of 36
private drive on the south. It looks like you're talking about 80 feet or something like that.
So, is that something the applicant will -- will consider to do? Okay. Thank you.
De Weerd: I know the public record doesn't capture shaking of the head or -- you know
better, Jonathan.
Doolin: My name is James Doolin. My address 4685 South Highland Drive, Salt Lake
City, Utah. Madam Mayor and Council Members, our answer is, yes, we will add the
second -- we will add the secondary connection to the waterline.
De Weerd: Thank you. We appreciate that. Is there anything else you would like to add?
Doolin: No. I guess I will add one thing. We came with that project a few months ago,
presented it in front of you. You guys asked us, hey, we like your project, just find a better
location. At that time that project had some challenges. There was an existing
development agreement capped the amount of multi-family units. At that meeting I wish
I had this project in my back pocket, but we are here today, we think it would be a great
addition to the city. We ask that you guys approve it.
De Weerd: Thank you. We appreciate that. Okay. Is there any further testimony on this
application?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Seeing none, I move we close the public hearing on H-2017-0107.
Borton: Second.
De Weerd: I have a motion and a second to close the public hearing. All those in favor
say aye. All ayes.
MOTION CARRIED: ALL AYES.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we approve H-2017-0107 and to include all staff and applicant comments.
Borton: Second.
De Weerd: I have a motion and a second to approve Item 10 -C. Any discussion?
Borton: Madam Mayor?
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October 3, 2017
Page 31 of 36
De Weerd: Mr. Borton.
Borton: Does the motion include the access points to the collector?
Bird: Yes.
Borton: Okay.
De Weerd: And the inclusion of the water --
Bird: Water main and all that.
De Weerd: Okay. Are we missing something, Sonya?
Allen: Did you already address the access -- the waiver for access to the collector street?
Okay. Thank you.
De Weerd: Okay. Anything further?
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: Just a comment. I think that over the past few weeks and months I think the
question about multi-family has come up a lot. I know it's come a lot with constituents
reaching out to me and I just wanted to say to the applicant this is -- we need more of this
in Meridian. This is well built, well designed, right location, multi-family. It's going to serve
our community both large and small. Thanks for bringing the project to our community.
De Weerd: I guess what I would add to it is -- is the consideration of condominiumizing
as well. Certainly from our aging population I hear from residents that want to own, but
they don't want to maintain a yard and they would like to have the kind of amenities that
-- that this development is offering with that ownership opportunity, so -- and we don't see
those. So, at some point we hope that that's something that the market can bring. I know
it's one of those scary unknowns and it's a little bit more complicated, but we appreciate
you coming back and finding a more -- an adequate site for this type of project. Anything
further from Council? If not, Mr. Clerk, will you call roll.
Roll call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts,
yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Meridian City Council
October 3, 2017
Page 32 of 36
D. Final Plat for Brickyard Subdivision No. 1 (H-2017-0125) by
John Carpenter Located approximately 1/3 mile north of E.
Ustick Rd. on the east side of N. Centrepoint Way
De Weerd: Item 10-D is a final plat for H-2017-0125.
Allen: Madam Mayor, Councilmen, the next application is a request for a final plat for the
first phase of Brickyard Subdivision, the preliminary plat you just approved. This site
consists of 5.44 acres of land, zoned C-G, located at 30 -- excuse me -- 3611 North
Centrepoint Way. The proposed final plat depicts 30 building lots and one common lot
on 5.44 acres of land in a C-G zoning district. Development is required to comply with
the dimensional standards of the C-G zoning district. Staff has reviewed the proposed
final plat for consistency with a preliminary plat and dimensional standards of the C-G
district and found it to be in compliance and in substantial confo rmance with the
preliminary plat as required. Written testimony has been received from John Carpenter,
the applicant's representative, in agreement with the staff report. Staff is recommending
approval with the conditions in Exhibit B. Staff will stand for any questions.
De Weerd: Thank you. Council, any questions?
Bird: I have none.
De Weerd: Okay. Does the applicant have anything to add? Please state your name
and address for the record.
Seel: Jonathan Seel. 2906 Haven, Eagle. We are agreement with the staff report and
ask that you approve the final plat.
De Weerd: Thank you. Council, hearing no further questions, do I have a motion?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we approve the final plat on H-2017-0125 and to include staff and applicant
comments.
Borton: Second.
De Weerd: I have a motion and a second to approve Item 10-D. Mr. Clerk, will you call
roll.
Roll call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts,
yea.
De Weerd: All ayes. Motion carried.
Meridian City Council
October 3, 2017
Page 33 of 36
MOTION CARRIED: ALL AYES.
E. Final Plat for Brickyard Subdivision No. 2 (H-2017-0126) by
John Carpenter Located approximately 1/3 mile north of E.
Ustick Rd. on the east side of N. Centrepoint Way
De Weerd: Item 10-E is final plat for H-2017-0126.
Allen: Madam Mayor, Members of the Council, the next final plat is the second phase of
development of Brickyard Subdivision. This site consists of 1.88 acres of land, zoned C-
G, located at 3611 North Centrepoint Way. The proposed final plat -- I guess I better get
on the right one here. The proposed final plat depicts eight building lots and one common
lot on 1.88 acres of land in a C-G zoning district. Staff has reviewed the proposed final
plat for consistency with a preliminary plat and the dimensional standards of the C-G
district and found it to be in compliance and in substantial conformance with the
preliminary plat as required. Written testimony has been received from John Carpenter,
the applicant's representative, in agreement with the staff report. Staff will stand for any
questions. Staff is recommending approval.
De Weerd: Thank you. Council, any questions for staff? Any comment from the
applicant? You know, you don't have to comment.
Seel: I'm sure you don't want me to shake my head again. I get yelled at.
Bird: Yeah.
Seel: Jonathan Seel. 2906 Haven. We are in agreement with the staff report and ask
that you approve the final plat for Brickyard Sub No. 2.
De Weerd: Thank you.
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: I move that we approve H-2017-0126 with all staff and applicant comments.
Bird: Second.
De Weerd: I have a motion and a second to approve Item 10 -E. Mr. Clerk, will you call
roll.
Roll call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts,
yea.
Meridian City Council
October 3, 2017
Page 34 of 36
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Item 11: Department Reports
A. Planning Division and Legal Department: Connection of
county parcel at 1035 E. Fairview to City sewer system;
anticipated future development issues
De Weerd: Item 11-A is under our Planning Division and Legal Department. I guess I
will ask Mr. Nary for an update.
Nary: Thank you, Madam Mayor, Members of the Council. We have a very simple eight
page agreement that only took two months to get back to you. We do have an agreement
before you that's been signed by the property owner in relation to the property at 1035
East Fairview. All of you are familiar with that. We have worked out a lot of the details.
The only addition I would add -- what we have done is try to create both the hookup
agreement now, with the conditions that Council required for future annexation. We did
draft a proposed preliminary draft, a development agreement, because that's part of the
annexation process. We are all aware that the direction was that the existing billboard
that's on the property would remain under the conditions in our code . There is one change
from what's in your packet. There is an Exhibit B that's listed in your packet and the
Exhibit B that you have says provisionally approved site plan. Cross-access to be
required prior to occupancy. That was exhibit page -- an early iteration of this agreement.
We have replaced that now. The current one just says provisionally approved site plan.
The site plan is still the same. The issue of cross-access is not before you today. We
have discussed that for our future discussion at the annexation stage on whether or not
that would work or be practical and that will be part of that public hearing at that process,
but it isn't part of today. We are ready to move forward. I don't know if planning has
anything else. Mr. Clark is here representing his client if there is any questions about this
agreement, but I think we have got it to where all parties are satisfied it meets the intent
and desire of the Council's direction from July 25th.
De Weerd: Any questions from Council? Okay.
Palmer: Madam Mayor?
De Weerd: Mr. Palmer.
Palmer: Madam Mayor, I move we approve the agreement on the property at 1035 East
Fairview.
B. Agreement for Extension of Domestic Sewer Service Outside
Meridian City Limits: 1035 E. Fairview Avenue
Meridian City Council
October 3, 2017
Page 35 of 36
De Weerd: Okay. Item 11-B is the agreement for the item that Mr. Nary just discussed.
I have a motion. Do I have a second?
Cavener: Second.
Little Roberts: Second.
De Weerd: I have all kinds of seconds. Any discussion? Seeings how everyone
seconded it, probably not. Mr. Clerk, will you call roll.
Roll call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts,
yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Item 12: Future Meeting Topics
De Weerd: Council, any items under Item 12, as Future Meeting Topics?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I think we have already discussed the -- coming back and looking at the ordinance
on the water and sewer modeling and stuff that we need to get straight and which I know
Public Works and legal can work on that. That's something we need to get taken care --
the sooner the better, but we want to make sure that we -- we got to remember that we
when set these fees and stuff that we are not just looking at today, you have got to look
at what's coming in the future and what these fees have got to cover. So, you know, it's
-- it's something that is tough and for the 20 years I have been here we have -- these
water and sewer fees have always been something and we have struggled with at times
and other times we haven't. Sometimes we have done it right, sometimes we have done
it wrong, but I think we definitely need to look at that ordinance and make sure that we
get it so that as Council Woman Milam said, something us layman can read that we don't
have to have a jurist doctorate to understand what's on it.
De Weerd: Or an engineering degree. Between the two it's kind of scary; right? Point
taken. We will make sure that an update, if not the full discussion, is on the workshop in
November and that's November 14th. And I'm sure that next -- next week during the
workshop we have the annual update from Public Works. They might even touch on it
there. So, with that I do have a couple of upcoming events. Final -- the final Kleiner Park
Live is Thursday night from 5:30 to 8:30, featuring B -- B Town Hitmen Retreads. We will
have the Public Safety Day on Saturday, the 7th, as Pam Orr mentioned. That is from
7:00 -- or 10:00 a.m. to 2:00 p.m. at Fire Station No. 1. Coffee with the Mayor next
Meridian City Council
October 3, 2017
Page 36 of 36
Tuesday on the 10th from 8:00 to 9:30 at one of our newer restaurants, the Flame Broiler.
And, finally, for those interested in football, we have got the local rivalry from Meridian
versus Mountain View on Friday, the 6th at Mountain View. Kick off at 7:00 p.m. So, with
that said, if there is nothing further, I would entertain a motion to adjourn.
Milam: So moved.
Bird: Second.
De Weerd: All those in favor say aye. All ayes.
MOTION CARRIED: ALL AYES.
MEETING ADJOURNED AT 7:47 P.M.
(AUDIO RECORDING ON FILE OF THESE PROCEEDINGS)
MAYOR TAMM DE WEERD DATE APPROVED
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