HomeMy WebLinkAbout2018-01-23Meridian City Council January 23, 2018.
A meeting of the Meridian City Council was called to order at 6:03 p.m., Tuesday,
January 23, 2018, by Mayor Tammy de Weerd.
Members Present: Tammy De Weerd, Joe Borton, Genesis Milam, Luke Cavener,
Anne Little Roberts and Treg Bernt.
Members Absent: Ty Palmer.
Others Present: Bill Nary, C.Jay Coles, Caleb Hood, Josh Beach, Clint Dolsby, Berle
Stokes, Mark Niemeyer, 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: Well, I'd like to start tonight's meeting by welcoming those that have joined
us and certainly I imagine some Boy Scouts that are earning a merit badge, so welcome
to our City Council meeting. For the record it is Tuesday, January 23rd. It's a few
minutes after 6:00. Will start with roll call attendance.
Item 2: Pledge of Allegiance
De Weerd: Item No. 2 is our Pledge of Allegiance. If you will all rise and join us in the
pledge to our flag.
(Pledge of Allegiance recited.)
Item 3: Community Invocation by Tim Pusey with Valley Shepherd Church of
the Nazarene
De Weerd: Item 3 is our community invocation. Tonight we will be led by Pastor Tim
Pusey with the Valley Shepherd Church of the Nazarene. If you all join us in the
community invocation or take this as an opportunity for a moment of reflection. Thank
you for joining us.
Pusey: Let's pray. Father, first of all tonight we want to thank you for the many ways in
which you have blessed our community in so many, many ways and it's so easy for us
to take it for granted. So, we thank you. And we thank you this evening for our Mayor
and our Council Members and for the many who serve this community in so many
different capacities. Tonight as the Council meets and deals with important issues
Meridian City Council
January 23, 2018
Page 2 of 35
relating to our community in Meridian, Lord, we pray you would give them wisdom and
guidance and help all who participate in this meeting this evening to listen well to the
perspective of others and help our Council to make good judgment calls in behalf of all
the citizens of Meridian. Lord, for those who came to this meeting tonight tired and
weary from heavy loads in their personal lives, I ask, Lord, that you would help them
find rest and peace even now as they look to you. Lord, help us always to be mindful of
the needs of those around us and give us wisdom to know how to best respond to those
needs. We ask for your continued blessing upon our community and all the people who
call this home. May we truly be a blessing to one another as we live and work and
interact together. It's in your name we pray, amen. Thank you.
Item 4: Adoption of Agenda
De Weerd: Thank you. Item 4 is adoption of the agenda.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: We have an amendment to make on Item 11-A. The ordinance I should read.
Ordinance No. 18-1762 and I need to read the entirety of this. An ordinance amending
Meridian City Code as codified at Title 11, entitled the Unified Development Code of the
Meridian City Code, pertaining to definitions, allowed uses in all districts, specific use
standards, home occupation and retail store, wine and beer sales and servings, surety
agreements and establish new definitions and regulations to allow the operation of food
and beverage products processing, minor, in the commercial, industrial and traditional
neighborhood zoning districts and providing for a waiver of the reading rules and
providing an effective date -- is the title of 11-A. So, with that amendments I would
move that we adopt the amended agenda.
Cavener: Second.
De Weerd: I have a motion and a second and a well-done reading of that ordinance.
Thank you, Mr. Borton. All those in favor of the adoption of this agenda, please, say
aye. All ayes.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
Item 5: Future Meeting Topics - Public Forum (Up to 30 Minutes Maximum)
De Weerd: Item 5. Mr. Clerk.
Coles: Madam Mayor, we did have one sign up this evening. Ilene Dudunake, with a
description of recycling glass, would like to address the Council this evening.
Meridian City Council
January 23, 2018
Page 3 of 35
De Weerd: Okay. Please come forward. If you can wait. Please start by saying your
name.
Dudunake: Ilene Dudunake. A New Vintage Wine Shop in Meridian at the corner of
Fairview and Eagle. We have been open almost 17 years and out of those 17 years
probably 16 of those I have recycled bottles in the city of Boise, which I just found out is
illegal, so -- anyway. So, what I propose to you guys is we need to find some way to
recycle bottles. I fully understand it's very expensive to do this, but if we could come up
with a plan, some way, somehow, because just my little shop, as I serve by the glass, in
two weeks, three weeks, I had 40 cases of empty bottles. So, 40 cases times 12, and
that's just me, my tiny little shop. So, take all of the restaurants, all of the bars that
serve beer, wine and liquor, take all of those bottles, I'm sure we could fill City Hall
many times over. So, if there is one way -- some way we could figure it out, that would
be awesome. If -- I mean if there is a big giant bin where we could put them -- put the
bottles, the empties, that would be great. I can do whatever you would want me to do,
as long as it's not during 11:00 to 8:00 Tuesday through Saturday, because I have to
work. So, that's -- that's my proposal. I don't know if that's much of a proposal, but we
need to figure something out, because as our city grows -- of Meridian -- and I have
lived in Meridian for almost 28 years. So, as our city grows and as you have seen the
growth and all of the press that we get for this awesome little city of ours, with all the
new people moving in, all the new restaurants moving in, The Village, everywhere, we
need to do something for my child, for our grandchildren, not just me, but for all of you
as well, so --
De Weerd: Ilene, thank you for joining us tonight and your timing was impeccable. We
have the chair of our Solid Waste Advisory Commission to give their annual report and
we are also doing the Town Hall tomorrow about recycling.
Dudunake: That's Cole's Church?
De Weerd: Yeah. At Cole Valley.
Dudunake: Uh-huh. Cole Valley.
De Weerd: We -- I just talked with the chair about possibly forming a subcommittee.
Dudunake: Uh-huh.
De Weerd: So, we will be calling you.
Dudunake: Perfect. 855-9230.
Milam: Thank you, Ilene.
Dudunake: Thank you for taking time to listen to me.
Meridian City Council
January 23, 2018
Page 4 of 35
Little Roberts: Madam Mayor?
De Weerd: Mrs. Little Roberts.
Little Roberts: If I may ask a question. Why no longer Boise?
Dudunake: Because Boise is funny like that. They called -- somebody in this whole
valley -- so, one of the distributors, Haden Beverage, puts stickers on the outside of
their boxes to stage the morning deliveries in the trucks. So, some -- some way
somebody, I don't know who it was, received a box that had A New Vintage Wine Shop
sticker on the side of it and a -- a person was doing the right thing in recycling bottles
and took it to the fire station at McMillan in Boise and I received a phone call from the
city clerk's office -- Peter at the city clerk's office -- telling me that under no
circumstance am I to cross city lines to recycle bottles and I said, okay, let me check
with my husband and I will see if he was the one that did that, because normally we
recycle at Emerald at Republic, because right out there in their area where they --
where the workers park their cars they have recycle bins for glass bottles. So, I said,
okay, I will check with him. I'm sorry that we did that. So, I checked with Harry and he
said, no, we took them to Emerald. So, I called back that next morning and I said,
Peter, you owe me an apology, because you wrongfully accused me of something we
did not do and he said, well, you were forthcoming last night and I said that's before
knew where we for sure took the bottles. He said, well, still, under no circumstance will
you cross city lines to the city of Boise to recycle bottles and I said, okay, I want to talk
to the mayor's office and he said you do that. So, I called the mayor's office. As you
could see I don't stop. So, I called the mayor's office. They called me back -- Mayor
Bieter's office called me back and he informed me that it was against the law for me to
cross the city of Boise lines to recycle bottles and I said, wow, that seems pretty heavy
for something like this and he said it is. It's against the law for you to cross city lines to
recycle your wine bottles. So, I didn't think of asking for the code. Why would I think of
asking for that? I don't know that. So, he just said, yep, under no circumstances. So,
said all right. Have a nice day.
De Weerd: It's probably because it costs the city of Boise residents to recycle glass and
it is that cost impact that makes it probably exclusive to their residents.
Dudunake: Correct. But he -- I think he could have told me that.
De Weerd: He could have.
Dudunake: So --
De Weerd: Probably would have been a better delivery, but --
Dudunake: Yeah. Who knows. So, that's why -- so, that's why I'm here asking for help
for our grandchildren and their grandchildren.
Meridian City Council
January 23, 2018
Page 5 of 35
De Weerd: Thank you.
Dudunake: Thank you.
Milam: Thank you for volunteering to head up the committee.
Item 6: Consent Agenda
A. Approve Minutes of August 15, 2017 City Council Special
Meeting
B. Approve Minutes of August 22, 2017 City Council Special
Meeting
C. Rapid Creek Subdivision Multi -use Pathway License
Agreement
D. Final Plat for Castle Creek (H-2017-0150) by Northwest
Ventures, LLC located at 2432 E. Amity Rd
E. Final Plat for Pond Subdivision (H-2017-0161) by Schultz
Development located at 2980 N. Meridian Road
F. Final Plat for Tree Farm Subdivision No. 3 (H-2017-0162) by M3
Companies, LLC located north of Chinden Blvd, south of the
Phyllis Canal and approximately 1/2 mile east of N. Black Cat
Road
G. Acceptance Agreements for Display of Artwork in Initial Point
Gallery
1. Sarah Kohler, February 2018
2. Laura Yager, February 2018
3. Mandy Riley, February 2018
4. Donald Belts (OldWaterBoys), March 2018
5. Larry Boyd (OldWaterBoys), March 2018
6. Tom Cunningham (OldWaterBoys), March 2018
7. Roy Grover (OldWaterBoys), March 2018
8. Theodore Smith (OldWaterBoys), March 2018
9. Dwight Williams (OldWaterBoys), March 2018
10. Bert Hiner, April 2018
11. Angela Stout, May 2018
12. Dan and Sharona Schoger, July 2018
13. Holly Badke, September 20198
14. Jessica Tookey, November 2018
Meridian City Council
January 23, 2018
Page 6 of 35
H. First Amendment to Memorandum of Agreement Between the
City of Meridian and Meridian Development Corporation for
Implementation and Construction of MDC Improvements for
Pine Avenue Project
I. Memorandum of Agreement with Meridian Downtown
Business Association for Tour Buddy App Partnership
J. License Agreement With Treasure Valley Children's Theater
For Use Of Garage Bay
K. AP Invoices for Payment - $1,151,455.85
De Weerd: Okay. Anyone further? Okay. Item 6 is our Consent Agenda.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: I would move that we approve the Consent Agenda as published and for the
Mayor to sign and Clerk to attest.
Cavener: Second.
De Weerd: I have a motion and a second to approve the Consent Agenda. Mr. Clerk,
will you call roll.
Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, absent; Little Roberts, yea;
Bernt, yea.
Item 7: Items Moved From The Consent Agenda
De Weerd: Okay. There were no items moved from the Consent Agenda.
Item 8: Community Items/Presentations
A. Parks and Recreation Commission Annual Report
De Weerd: So, we will move to Item 8-A, which is our annual update from our parks
commission chair Jo Greer. Good evening.
Greer: Good evening, Madam Mayor and Council Members. Do I need to state my
name and address?
Meridian City Council
January 23, 2018
Page 7 of 35
De Weerd: If you will just state your name for the record.
Greer: My name is Jo Greer. I am currently the president of the parks and rec
commission and I am here to present our commission report for 2017. Actually, kind of
got -- I'm sure that you guys have reviewed it and, typically, when I see something like
this on my agenda I'm not super excited. Okay. It's not super existing. However, our
commission is exciting -- because I'm on it. So, all commission goals and
accomplishments that I will -- but I do want to make note that throughout the last year,
as we went through commission goals and accomplishments and, then, we had the
committees, we did realize towards the end of the year that the committees perhaps
had ran their course, had a lot of committees and places for the pathways and
marketing, signage, a few different things and as these have been accomplished, then,
as we are meeting in these committee meetings for 50 minutes and we are trying to find
information to pull together. So, instead we have collaborated the all commission goals
and accomplishments with the committee goals and accomplishments. So, we are kind
of addressing them all as an entire commission and, then, if we do need to break out for
a specific committee, we can do that on an as -needed basis, because I think that a lot
of the information now as we have had some really great accomplishments, this will
help us to be productive and also to keep our meetings not running over the time limit.
I'm kind of a time Nazi, if you have someone who is that. So, with that, the first
commission goal was going through the pathway connection. We were trying to
develop the connected pathway system across the city of Meridian with Five Mile Creek
pathway as the top priority, which you, of course, in your notes have all of the pathway
segments that have been connected. With that last year we also came up with the
finalization and the distribution of the C cards, with the amounts that you guys received.
I think those were part of the pathway tour. Those show the connections. They also
show future connections and, then, the C cards were kind of a huge accomplishment for
the marketing committee, so that was something that we had accomplished. Moving on
to that, we also were talking about the options to obtain builder develop partnerships for
additional park space and/or amenities. We have two projects with MYAC where we
had the Tully Park outdoor gym that was opened in 2016. We also right now are
working on the memorial plaza in Kleiner Park. So, that's underway and we are going
over some information and they have presented and we are kind of going back and forth
with parks and rec staff. Then, we, of course, have the design development of the
future south Meridian park, so that's still in the process. We are working with other
agencies, task force, commissions so on and so forth, just trying to help with not only
our own pathways, but maybe a master plan and trail system. We do have that on a
future agenda for the commission meeting. We also had -- of course, Shelly Houston is
one of our key players on a lot of the marketing information and she helps -- helps to
generate a list of activities that are coming up, because one of our all community goals
is to have a better community presence, so that we have commissioners present at all
of the activities, you know, as far as ribbon cuttings -- I don't know, movie night is
something that I went to. Anything that we can show up and have a presence in the
community, just showing that we support what we are doing. So, Shelly helped put
together this PowerPoint presentation that goes through what the City of Meridian has
to offer. This is something that was played for us and we reviewed and approved to
Meridian City Council
January 23, 2018
Page 8 of 35
send on and so that was something that was a commission goal. We also have been
trained to develop partnerships with the Meridian Fire Department for future stations to
be collaborated with a park. So, while we had one that we were kind of working on with
Bear Creek, it sounds like that one maybe is not a good site, but we are looking for
future parks where we can have fire stations in collaboration with the parks and rec
staff, so that we -- we were going to have a dual building there where we had space that
people could use in the evening. So, it was a fire station slash community center and
we saw the plans, but that was as far as that went. So, it wasn't really a goal. The next
is to continue -- there is a whole list of things that we did show up for. So, you guys
have that on page four of ten. And, then, we had the master plan. Of course, we had
Steve Siddoway and he is an amazing director and helps us through all of this, so a list
of the items that we go through, of course, are just recommendations, so we just
recommend. We are the brains behind the brains. Another item we had was the
exploration to build a pathway along Locust Grove to Chinden, connecting Eagle's
pathways. So, that kind of is in collaboration with dealing with the other agencies and
that is something that we will be discussing with them later this year. The memorial
plan -- the memorial plaza did bring up some issues as far as concept plans, but also
that went into some of the fee structures. So, that's something that came to us this
year. Actually, it was last December -- that we will be re -reviewing this year to make
sure that people are able to afford to have a memorial if they would like to. They work
on kind of a sliding scale. Other noteworthy accomplishments. We did have the Keith
Bird Legacy Park ribbon cutting. The Reta Huskey park. Those were both successful
and large events and a lot of work went into that process throughout last year, which we
had workshops to name the parks. We also have had Hillsdale Park, the kickoff for the
construction of that. We did have a commission team building activity where we all
learned how to play disk golf. I don't know if we really learned how to play disk golf. I'm
not very good at that. So, I did realize I would rather just golf. I like to sing a club
instead. And, then, we had the facilities tour where we went and followed the existing
and future sites for Kleiner Park, Hillsdale, Bear Creek, Meridian Home Court, Reta
Huskey and Keith Bird Legacy Park. So, these items are already in place. The rest of
the information goes through all commission goals and because these are kind of in
collaboration with what our -- we have the committee with all commission kind of pulling
those altogether, I think they have kind of already done them, so I don't really want to go
through every one line by line. I'm sure you're just sad about that. I'm seeing if there is
anything else. We also -- as far as our community presence, we have seen an increase
in commissioners being more involved in some of the outside committees and, myself, I
like to be involved in the Christmas activities, of course. We do have a couple of other
commissioners that got involved as well. But some people have passions for other
things and so it's just nice to see that, you know, they are volunteering beyond the
commission, so -- do you have any questions? Just so excited. I thought about doing,
you know, like a figurative dance, but that might be a little weird.
De Weerd: If that is a recreation program I think you should. Jo, I know that Mike came
and talked to the Mayor Youth Advisory Council about the memorial park or plaza --
Greer: Uh-huh.
Meridian City Council
January 23, 2018
Page 9 of 35
De Weerd: -- and they did ask about the cost of pavers and if the group that's working
on looking -- looking at the cost, if there could be consideration of maybe an excess -- in
excess of the minimum amount that someone could donate to help offset, maybe
someone who wants to do a memorial, but can't afford one, that's -- that's the question
they raised. So, someone that can't afford the 250 dollars for a paver, is there some
kind of assistance program or -- or something they can do in lieu of actually a cost -- a
cash donation?
Greer: I will bring that up. That's actually a pretty good point and that was -- you know,
we had the three memorials over at the park, which you can't do that anymore, but it
was really inexpensive and, then, when we started to talk about these memorials, the
pricing was going up, but it was going to be trees again and so the costs that came back
were pretty high. So, then, after I had kittens over it -- they came back with different
numbers, but, then, this was a different idea or concept altogether and so we really are
being conscious of the pricing.
De Weerd: Yeah. Just something to add to your discussion.
Greer: Yes. Absolutely.
De Weerd: And thank you for the leadership you showed in the Winter Lights Parade.
That was magical. And so I needed to give you kudos as you were standing right in
front of us. So, Council, any questions for Jo?
Bernt: Madam Mayor?
De Weerd: Mr. Bernt.
Bernt: No questions, but just kudos. I remember I was the guy that recruited you to get
to be on the Christmas program.
Greer: You were the guy.
Bernt: Yeah. I remember. That was a while -- yeah. So, truly blessed for the
opportunity to be your liaison for your commission. I have deep roots that go real deep
in that -- in that commission. I spent a lot of years there. So, you do a fantastic job. It's
a lot of time and -- but well worth it. So, just want to say thank you and do -- you're
doing such a fantastic job with all the time that you spend and everything that you do for
the betterment of our city. So, thank you.
Greer: Thank you, Treg. And you were the one that sucked me into all this and got me
on the Christmas thing. But thank you. Appreciate that. I enjoy it.
Cavener: Madam Mayor?
Meridian City Council
January 23, 2018
Page 10 of 35
De Weerd: Mr. Cavener.
Cavener: A couple of just quick questions for you, Jo. Thanks for the -- the report. You
originally began kind of saying this is everything the parks commission is doing and I
appreciate hearing from you once a year about everything that you're doing for our
community. Are there ways that the commission would like to see greater or different
support from the Council moving forward, so you have good direction and support
things, that we could do to better encourage the things that you're doing for our
community?
Greer: I feel like we have a pretty good system. Having a liaison is helpful, so that if we
do have questions we have somebody right there at the meeting that we can ask, it's
usually either Treg or Emily; right? With Emily it's if I'm saying the right thing. But other
than that I don't -- I don't see anything that really needs to change, but I definitely want
to keep that in mind. So, I can give you something else to do.
Cavener: Just want to make sure. Madam Mayor, an additional question.
De Weerd: Uh-huh.
Cavener: Can you talk to us -- when Mike was here a couple weeks ago he gave us
kind of an update on the south Meridian park and he touched on some of the names
and I think at least some of us were surprised to see kind of the shift from the name
Discovery to something that was, then, proposed. I just thought it would be good since
you're here to maybe give Council kind of an update on the deliberation that went
behind that.
Greer: As far as the Exploration Park?
Cavener: Uh-huh. And just the names in general and maybe why the shift from
Discovery onto some of the other proposed names.
Greer: So, I do know that Discovery Park is a park also located in Boise I understand,
so there was a redundancy there. So, then, we went through a brainstorming exercise
where people were kind of just throwing out names that we liked and, then, they -- I
think we came down to maybe five or six where someone took the names and came
back with artwork associated with them and, then, based on those names we kind of
came up with three that we liked and, then, it came down to the Exploration. I want to
say -- I know Innovation was one of them and I think Explorer maybe was one of them.
And so -- well, it was Explore and, then, it went to Exploration, because it was kind of a
play on the word instead of just being Explorer, so -- and some of the artwork that went
with that kind of helped, because that park is kind of about discovery; right? So, doing
exploration. But it was easily a three or four step process, just kind of going through the
different names. And some of the artwork may be -- made some of the names sound
appealing, so -- and now we have some artwork that's supposed to be coming in for
some of the lighting, so -- because they -- like how we had for Keith Bird Legacy Park
Meridian City Council
January 23, 2018
Page 11 of 35
where they make the -- I guess this stand -out feature or the artwork for each park. They
are supposed to be presenting three different types of setups, which it might be a backlit
-- it maybe a backlit -- kind of like tubes with lights in them, but they were talking about if
we have lights, if they are going to be solar, because, then, we don't have to worry
about turning on and off and if that's going to be an issue for upkeep, but it's supposed
to be on one of our agenda items that the artist needs to come to the meeting to do that
and maybe I actually have the -- no. So, she is set to be at our next meeting, so that's
the graphics. Her name is Stephanie Inman and she works with Mike Barton, so,
hopefully, by the next time -- well, I will see you guys next year or somebody else will.
But, hopefully, these will be passed on to you guys here in the next couple of months so
you guys can see what -- what this does look like. Anything else?
De Weerd: Any further comments? Questions? Well, thank you, Jo.
Greer: Thank you.
B. Solid Waste Advisory Commission Annual Report
De Weerd: Okay. Item 8-B is under our SWAC, Solid Waste Advisory Committee.
Thank you, Steve, for joining us.
Cory: Madam Mayor, Members of the City Council, my name is Steve Cory. I'm the
chairman of the Solid Waste Advisory Commission and I come here on their behalf to
go ahead and present to you our report on our 2017 activities. Okay. Really, trash is
part of my discussion. I have to admit that that's going to be in this, but kudos to Steve
Moore who puts out the In Bleachers comic strip that is in the Statesman as was
published back on October 4th. This is the commission and I want to thank you as the
Council, because we have had continuous membership. It's been very strong, having
the depth of experience as the subject gets more and more complex and I want to
recognize Mark Nelson, one of the commissioners, who is here. Definitely all the
commissioners commit a great deal of time of their own volunteering and we really
appreciate what they do.
De Weerd: Thanks for being here, Mark.
Cory: Yeah. We will start off by doing a review of the community recycling fund. We
started with 12,000 -- a little over 12,400 dollars and over the course of 2017 we
received payments for recycled materials totaling over 32,000 dollars. We had only one
distribution from that five hundred dollars to support the Recycle A Bicycle project and
so at the end of the calendar year we had a balance of just over 44,000 dollars. In 20 --
well, coming up in 2018 we have three projects, which you have given us approval to
pursue. The Catalapa Leaf Bench to be put into Meridian south regional park and trash
receptacles for the south regional park and, then, a mini mobile library for the Hillsdale
school area. The combination of those projects is just under 27,500 dollars. So, the
recycling fund right now has a balance of just under 16,700 dollars. Now, most of the
inflow to this account came in late summer and we have had a real fall out in the market
Meridian City Council
January 23, 2018
Page 12 of 35
and I don't know -- I can't project if there will be any flow into that account in the near
future, but this is an accounting of where we are going to be up through this year. One
of the big projects that we had during this year was the Recycle A Bicycle project, which
was -- it brought out the unplug and be outdoors event this spring. Forty-one bicycles
destined for the landfill were repaired and provided to the citizens of Meridian. We are
indebted and thankful to Republic Services in particularly Rachel Kline for making this a
possibility and it was a very fun event and we hope to be able to build off of that activity.
De Weerd: And, Steve, before you move off of that, I know I'm talking to -- to both
Council Member Milam and Rachel, one of the things that was a surprise out of that
program was we thought we would be giving bikes to kids and we were giving bikes to
adults, that this would be their primary mode of transportation, and so, you know, that --
that was an interesting lesson learned from it. I do know that maybe part of the
discussion has been that maybe we can include our community in that as we look at
recycling bikes. Republic has had to take some of those bikes to Canyon county,
because they couldn't find recipients here in -- in this area. So, as we look at recycling
bikes how we can get those to people that have the need for them right here in our
community and so maybe that's a public education program or something of that sort,
but how we can keep those bikes here at home.
Cory: Thank you. I really appreciate that. That's so good direction that we want to go
ahead and try to follow through on. I know there is a number of entities here in the city
that really help out the citizens and they see the need and somehow if we can facilitate
getting that need communicated back to Rachel and Republic and -- and so the bikes
can meet up with the need, that's definitely something that we want to make happen.
De Weerd: Very much so. So, thank you for that.
Milam: Madam Mayor?
Milam: I know at the end you stand for questions, but are you planning on doing this
again this year, Steve?
Cory: I think yes. Exactly how it would be rolled out this year I'm not sure, but -- but
know that -- that there is quite a stream of bikes and, basically, if we can figure out how
to go ahead and get them cleaned up and renewed. I also believe there is a pretty
significant need. So, the commission will be figuring out what event and how to go
about all the logistics.
Milam: Thank you.
Cory: Another event that we rolled out this year was Trash or Treasure and this was a
very successful project which facilitated many items to remain useful and stay out of the
landfill and we definitely, as a commission, look forward to holding this a second time.
Meridian City Council
January 23, 2018
Page 13 of 35
This set of slides that Brett Baranco went ahead collected of one particular place with
items on the curb that dropped down to two items and, then, he found one of the items
moved over into a neighbor's garage and, finally, the exercise bike went. But, actually,
seeing these things come back into the community for reuse was heartwarming and we
definitely appreciate Brett Baranco of the Meridian Police Department for his initiative
and his leadership in his efforts to make this a success. We continued on with our
project of the Hand -In -Hand we recycle. This bin was actually placed out at Republic
Services facility over on Franklin and it's continued to be a great location for our multi-
family units where the residents of those multi -family have a place to come with their
recyclable materials and get them into the stream to be able to contribute to the
community recycling fund and we continue to do our annual activity at the Public Works
Expo providing information and education materials for any of the public that attends. I
want to single out and thank Commissioner Meg Larsen for leading this activity this year
and point out Conrad McDonald of the Republic Services for his excellent recycling
demonstration, which we are going to take advantage of tomorrow night at the Town
Hall meeting. So, I look forward to that. It's very engaging. One of the field trips that
we did as a commission was to go out to Boise's composting facility to keep abreast of
the possibilities that it could bring out and that rolled out quite well for the city of Boise.
They had set aside a certain amount of land out at their 20 mile farm property and they
needed every single square foot of it to go ahead and receive the grass and leaves and
such that they picked up from their -- their city and, in fact, had to move into phase two
and kind of clear some of that ground for the product before they could go ahead and
get it distributed to their citizens and so this does look like it's a good project, something
that in the future we may be able to make available to our citizens somehow, but Boise
is indicating that that's about 18 to 24 months off before they may actually get the
footprint for the facility built large enough to be able to take materials from around the
Treasure Valley. But they do have a desire for it to be an original facility. And, of
course, Meridian has had its presence on the Solid Waste Advisory Committee for Ada
county and there has been quite a bit of opening of the communication pathways on
how the landfill is operating and how finances are done with the county and there has
been quite a good exchange of information. We certainly hope to push that a little bit
harder to go ahead and get a region -wide cooperation that we need to have, so --
because we are in one media area and so any discussion in the paper or in the -- on the
radio or on television reaches everyone in the valley and, in reality, there really is only
one message that goes across, but sometimes people want to tailor it to their own
personal needs and that has been quite a bit of problem over the last month, but we
hope to bring that back into a single stream. One of the other activities of our
commission was the annual rate adjustment and, of course, most of the rate adjustment
that we had to review was just the contractual annual consumer price index increase
and, then, there was only one commercial charge that was added to the list of services
and we hope that we gave you the information you needed for your consideration, but it
-- it was a fairly straightforward exercise this year. So, I want to go ahead and touch
base on the Ada county hazardous waste meetings. That is the group that coordinates
and directs the collection of hazardous waste, which for Meridian happens out at the
Republic Services facility on Franklin and these quarterly meetings -- Mark Nelson is
our representative on the commission and, again, there is definitely a good flow of
Meridian City Council
January 23, 2018
Page 14 of 35
information between the cities on this activity. It's certainly a service that our
constituents have told us that they really appreciate. We also did a number of reviews
of some code violations and service improvements and various other activities in our --
our charter. We participated in a court mediated settlement involving a contractor
operating in violation of city code. We updated the rate comparison chart, which we can
use to go ahead and communicate to our citizens the value they are getting for what
they pay for in comparison to the other cities in Treasure Valley and maintain the
curbside services chart that identifies what's available to our citizens as a ready
communication tool and reviewed the standards related to wood placement on container
-- and container location on collection days, based on some suggestions from the
citizens, and concluded that there was no need for any action at this time, but at least
we recognize the citizens interest and concern. We received numerous presentations
throughout the year. Republic Services did their quarterly and annual reports on
collection services, donated services, household hazardous waste and secondary
market conditions for recycled materials. They gave us a specific presentation on the
experience that they developed during Snowmageddon last year and being able to
continue to provide responsive collection services in the wake of that challenge. As
mentioned, we had presentations on Boise's compost program and on China's changing
market on Green Sword and National Sword and its effect on recycling. Oops. And we
went ahead and had presentations on grass recycling and glass recycling on status of
those activities in the valley and whether they were growing. Unfortunately, there was
no particular opportunities with glass at this moment, but certainly if we have got some
help we might be able to bring some opportunities into this valley. Grass services
subscription process is still holding steady and certainly maybe that will become more of
interest if the composting program is available to our citizens and so on. And I will close
with our upcoming business. Of course, we have to continue to study what's happening
with the recycling market and study the -- we still have not had a chance to loop back on
the city survey from about a year ago. There are a couple of questions in there that
dealt with recycling and garbage collection and, in general, Meridian fared much better
than the region, and the country, but there is still more information in there that we might
be able to use for our planning purposes. We will continue to promote Trash or
Treasure, Hand -In -Hand and Recycle A Bicycle programs and expand our -- continue to
expand our education outreach to decrease contamination in the recycling stream.
That's something that's needing some high attention at this point. Continue to go ahead
and monitor glass recycling and yard waste management and participate in the Ada
county solid -- solid waste advisory committee, as well as the Ada county hazardous --
household hazardous waste programs and with that, again, want to thank you for the
support that you give the commission. We feel like we are truly supported by you and I
would stand for questions.
De Weerd: Thank you, Steve. I know that in working with Republic on the plastics
change and that sort of thing, we did share a video that we asked Republic if -- it was a
video that we got from the city of Provo on the Trash Can Can. It was a really
informative way and fun way of really sharing better information about what is
recyclable, how do you present your trash on trash day and some of the dos and don'ts
and it looks like we will be continuing to maybe work on something jointly to help up the
Meridian City Council
January 23, 2018
Page 15 of 35
education on recycling and what is recycling, what isn't, why it isn't and that's going to
be a good dialogue to have with the community. Any questions from Council?
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: First I have a question about the compost in Boise. So, part of their program
was to, then, allow residents who participated in the program to come out and pick up
some compost for their personal use after it was finished making. Do you have any
idea how much -- have you heard back how much actually went out back to the
residents of Boise, how successful that was from the aspect of it?
Cory: I would -- I would communicate their plan and their plan was that roughly a third
would be returned back to the citizens that they could pick up for free and about a third
of it would be used by the city of Boise for its parks and open spaces and about a third
of it they were hoping to eventually be able to sell through Zamzow's or some of the
other local entities to go ahead and underwrite the costs. With that I think the -- the
composting was picked up very fast. I saw the notes that within seven to ten days they
were out --
Milam: Wow.
Cory: -- and so I'm not sure whether that -- they will change their plans at this point.
Milam: That is great. Thank you. I didn't mean to put you on the spot on that. I just -- I
was wondering that and, well, here you are, so -- anyway, you guys are really busy and
a lot -- a lot of work has gone into each one of these projects and now with this recycling
cluster -- I have my own words for it, but I guess -- I know you have been having a lot of
extra meetings and really busy and just thank you for everything that you do and all of
the commissioners for all the time that they put in and amazing programs and services
that you're helping bring to Meridian.
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: Steve, a couple things. One, I love this Trash or Treasure program and I
hope that it continues to grow and I guess just being one council member -- if there are
things you need to hear or see from Council to help support that program I hope that
you will come and let us know. Related to Recycle A Bicycle, when you get that date
figured out if you could work with the Mayor's office and get that day on our calendar. If
you need volunteers and help, again, that's another program that I, myself, would love
to help support and continue to make a success. Steve, talk to me a little bit about how
many other municipalities have -- have a SWAC or a similar type program and what
Meridian City Council
January 23, 2018
Page 16 of 35
type of collaboration is existing between the municipalities on some of these shared
issues?
Cory: I am -- I am not familiar with anyone else in the Treasure Valley that has a citizen
commission to help do work with the city and I think that's a kudos to Meridian for doing
that. Boise as a citizen commission that oversees the activities of their environmental
department, so it's a different function, different charter, oversight, and such versus
ours, which is really you have given us a great deal of latitude to go ahead and try to
institute programs in the city. Probably a lot of that has to do with the fact that Boise
has 200,000 people, while Meridian is now at a hundred thousand people. We are in
that area. None of the other communities within Treasure Valley have reached that
level yet. Nampa is getting close. Maybe they might follow our model. I'm certainly not
going to -- I don't know if I have the time to go ahead and champion it, but if they called
me I would be more than happy to advise them to do it.
Cavener: Madam Mayor, follow up? Steve, kind of getting back to my -- my previous
question. It seems to me that a lot of our fellow municipalities are kind of headed down
the same road together with some of the questions, concerns, a program improvement,
program evolution. Give us as Council some insight on maybe some things that we
need to be doing, so that we can better collaborate, because I guess right or wrong
believe if we are working better with our sister municipalities that there might be better
opportunities to address some of these larger concerns that are going to be -- that we
are going to be facing over the next few months and years.
Cory: Councilman Cavener -- and, I'm sorry, I forgot to address the second half of your
previous question, which this question actually works out very well on it. On the county
solid waste advisory committee there are representatives -- active representatives from
Garden City and from Eagle and we are very much in sync with the goals and
aspirations and abilities and what -- how we deal with our citizens with those
communities. Kuna and -- and Star are invited, but have not provided a name at this
point and we do reach out to try to communicate with them regardless, about the
activities that are going on, but the reality is that we are a great little treasure out here,
you know, halfway between Spokane, Portland, Seattle and Salt Lake and there is not a
lot in between us and those larger places and the Treasure Valley, like it or not, is one
media basket and a bunch of citizens that have pretty common desires and goals and
things that they want done and it's very easy to communicate with other people, they do
have kind of a common in where we want to go and I think the solid waste advisory
committee that we forced -- it really was something that Meridian indicated needed to be
put together -- has been a great addition to go ahead and facilitate communication
within Ada county and, especially, if it can continue to be a volunteer activity, it will be
very valuable throughout Treasure Valley, so that we can figure out how to add that on.
Cavener: All right. Thanks, Steve.
Milam: Madam Mayor?
Meridian City Council
January 23, 2018
Page 17 of 35
De Weerd: Mrs. Milam.
Milam: Steve, do you have any -- a response to Ilene's glass question? I know this
doesn't have anything to do with your annual report, but do you have anything just there
that you can -- because I know this is something that we have discussed in commission
several times.
Cory: Well, I think the only point of that is just the current state of the market and that is
because of the fact that it's cheaper to take sand and make new glass than it is to go
ahead and recycle glass, which is an unfortunate situation, but happens to be the case,
that there aren't any plants that are geared for taking glass and remaking it, reforming it.
The only entity that exists is a little entity in Boise that crushes glass into something that
competes with sand for sandblasting and they are doing a fine job with that. There are
certain reasons why using ground up glass is a much better option than using sand, but,
unfortunately, it's a very small market and so they are swamped with what they get.
You can see the mountain of glass that they have got from the interstate when you drive
out towards Micron and I look at it rather regularly and it, I think, actually even grows. I
think they are not even able to handle the glass that they are receiving at this point. So,
that was a long way to get to the point that I have been toying with the idea of putting
the information together. This is probably more of a county deal, but recommending
that the county collate the information on the plastics that we produce, the cardboard,
the glass that could be put together and making a presentation to the state Department
of Commerce, so that when they are out and about outside of the state talking with
entities, that maybe they can recruit some firm that would know they had a very stable,
good feed stock here and try to lure some companies in here that could use this
material. Certainly in all these cases if we could make new products here in the valley
it's better than trucking this material to Seattle or Portland and having somebody else
make those materials and enjoy the jobs that come with that, but, yeah, the numbers
that we have got as far as the size of the feed stream, they are really valley wide, so I
think what I will try to do is push the county to go ahead and work with the state and
make that presentation.
Milam: Madam Mayor, follow up?
De Weerd: Mrs. Milam.
Milam: Thank you, Steve. I really appreciate that information. Although -- and I realize
that, you know, glass does disintegrate over time and which is why it hasn't been a top
priority, but if somebody could reuse it somewhere, I think it just -- I guess it might be
worth the exploration of, you know, figure out how much would it cost to truck it to
Seattle or to do something. If feels -- it just feels so horrible putting it in a landfill, that
there has got to be something else, whether that's partnering with the county or, you
know, other cities and, you know, if we can't get a company to come here to use it, we
just have to find some solution. So, I will work with you guys on that as well.
Cory: Totally agree.
Meridian City Council
January 23, 2018
Page 18 of 35
De Weerd: Which is kind of the basis behind the conversation we had before this
meeting on a subcommittee, whether it's looking at plastics three through seven or the
glass, if there are users out there that we should know about. I think during the
recession we identified a user for some of the scrap lumber where Republic started
using some of that and partnering with a local Meridian business and there is -- there is
just very limited opportunities, but if we have a group of passionate individuals there is
never a doubt that there is great ideas that come from it and they will look under every
rock and crevice to see if there is something that we haven't considered. So, excited
about that opportunity. Kind of the same outcome that we had in the police department
when we were talking about dogs and -- and we created an amazing program that for
many years served this community until it just got too big, so -- and that was because
we had very passionate citizens that came together and said we want to be the solution.
Well, thank you, Steve. Appreciate it and just on the Recycle A Bike, get the -- the
discussion back to my office, but also in working with Republic, because I understand
that there is a cost to that. We used to have a gentleman that recycled all the bikes and
we turned those to many of the kids in the Boys and Girls Club, but, then, he went on a
mission and we lost that -- that passionate individual and so there is a cost. Identify
those costs and maybe it's a great program to be a recipient of the grant from the
recycled fund, too.
Cory: Thank you and I will I see you tomorrow night at the Town Hall meeting also.
Item 9: Action Items
A. Public Hearing for Pond Subdivision Shop - VAR (H-2017-0169)
by Schultz Development located at 2980 N. Meridian Road
1. Request: Variance to UDC Section 11-2A-6 to keep an
existing accessory structure in a required front yard setback
De Weerd: yes. Thank you. We appreciate your time and thank you, Mark, for joining
him. It's always good to have support. Okay. We will move right into Action Items.
Item 9-A is a public hearing on DAR H-2017-0169. I will open the public hearing with
staff comments.
Beach: Madam Mayor, Members of the Council --
De Weerd: Thank you.
Beach: I apologize. At the top this says Paramount Subdivision No. 29, but it's not.
What we are talking about is the Pond Subdivision. If you recall -- it was about a month
ago there was a preliminary plat approved for this property. As you can see on the
north this property is a secure facility. There was an existing home and the subdivision
that wraps around the home. Moving onto the next slide here. Just to give you a little
bit of background, the original subdivision consists 4.82 acres of land, which was zoned
Meridian City Council
January 23, 2018
Page 19 of 35
R-8 at 2980 North Meridian Road. The applicant is asking for a variance for the shop
highlighted here. Technically in our code -- and I could read that section of code to you.
It's 11 -2A -3D.3, one, detached accessory building that does not exceed 120 square feet
in area and eight feet or less in height shall be allowed in the required rear yard. In no
case shall an accessory building be allowed in the street yard or the required side yard.
In this case, because of the reconfiguration of the -- of the lot, this is now the required
street yard of the home and got some definitions of what street yard means and we can
go through those if you would like to, but the UDC -- there is also a section in the UDC
that contains a definition of what's called a nonconforming structure and the key to this
is if a structure lawfully existed, the UDC would allow for it to remain, but the owner
would have to provide evidence that a building permit was received for the building.
The applicant need to provide evidence to verify a valid building permit to construct a
shed through Ada county. If Council wants to approve the structure to remain, that may
be an avenue that we can take to make findings for approval. I have not indicated that
to the applicant beyond the staff report. So, he may be able to provide something. We
can address that. So, as I said, the applicant is requesting a variance to UDC Section
11 -2A -3D3, which prohibits accessory structures from encroaching into the street yard.
When this property was annexed the existing structures were called out as
nonconforming until such time as future subdivision application was approved. The
recorded development agreement also requires that any existing structure remaining as
part of the subdivision comply with the R-8 dimensional standards. The narrative from
the applicant gives some justification for the request, including the fact that the existing
shed that is 258 feet from Meridian Road and 118 feet from the future and proposed
Addeson Street and be completely screened from view by fencing at landscaping. As
noted previously, the subject property was approved for a preliminary plat in 2017. Prior
to the submittal staff indicated to the applicant that a variance would be required in
order to keep the accessory building in its current location. During the public hearing of
the preliminary plat, Council made a motion that the applicant submit a variance
application to take applicants requests to keep the existing structure. There are certain
criteria that need to be met, what is called hardship, in order for findings of approval for
a variance to be -- to be made. They are listed here. A variance shall not grant a right
or special privilege that is not otherwise allowed in the district. A variance relieves an
undue hardship because of characteristics of the site. Three. The variance should not
be detrimental to the public health, safety, and welfare. Well, staff is of the opinion that
granting the proposed variance would not be detrimental to the public health, safety and
welfare. Staff finds granting the variance would grant a right or a special privilege to the
applicant that is not otherwise allowed, specifically, the development agreement
requires a conformance with the R-8 dimensional standards and the UDC does not
allow detached accessory structures in the street yard. Further, staff finds there are no
characteristics of the site that would prevent compliance with the subject UDC
requirements. Therefore, staff recommends denial of the subject variance request.
There are no outstanding issues for Council and did not receive any written testimony
on this. I will -- there is some exhibits here. We have something in our code to -- a
handout, actually, that we would give the folks that -- that will kind of define what a
typical side yard and typical street yard and typical rear yard looks like and how that's
Meridian City Council
January 23, 2018
Page 20 of 35
defined. So, I wanted to -- to show you that here as well. I will stand for any questions
you have.
De Weerd: Thank you, Josh. Council, any questions?
Little Roberts: Madam Mayor?
De Weerd: Mrs. Little Roberts.
Little Roberts: So, Josh, am I understanding this right, that everything was in place and,
then, they put the shop in when they probably need a variance or the shop was there
and, then, everything else happened?
Beach: Sure. So, let me go back to the -- Madam Mayor and Council, and Little
Roberts. So -- one more slide. So, this -- this -- prior to the preliminary plat being
approved, this was all one lot and it had been that way in the county and there was a
provision in the development agreement that upon further subdivision of this, that would
be something that needed to be corrected. So, it was brought up previously and, then,
with the primary plat that we just went through, there was some -- some discussion at
Council as to how -- how this would work and what they would need to do in order to
make this something that would be legal, so that's why we are here today with a
variance.
Little Roberts: Thank you.
De Weerd: Any other questions?
Borton: Madam Mayor? So, that -- that development agreement was at the same time
as the annexation? Okay.
De Weerd: Okay. Is the applicant here this evening? Good evening. If you will,
please, state your name and address for the record.
Schultz: Good evening, Mayor and Council. Matt Schultz. 8421 South Ten Mile. I'm
here on behalf of Thair Pond. Thair Pond was before my time and was five years ago.
2013. January 22nd. So, five years ago, 2013, they got approved for an annexation
and a rezon to R-8 for, I believe, about seven acres. The north to the -- I guess they
split it or it was a parcel they could create, they put some -- I don't know if they are care
facilities or single story -- there is two of them. They are right on Meridian Road and
right behind it on that two acre parcel north of us there was a very large barn, which you
can see in the picture, that has a flag in front of it on the left looking at that picture. That
-- so, that barn is actually on the north piece of property still owned by Mr. Pond and
they -- they want to live in the white house and the shop -- I don't know the history, but
in talking to some guys that know, this used to be a really big horse -- pretty high end
horse ranch back in the day, in the 70s. Who knew? Who knew? I didn't know. I
suspect the shop was from that era, you know, '70 to '80s. I'm not sure. So, what you
Meridian City Council
January 23, 2018
Page 21 of 35
have is on -- these two parcels, which used to be one parcel, you have the house
furthest back, then, you have the shop, but it's straddled in the frontage of house, about
20 feet in front, 20 feet in back. So, it's kind of straddled on it. Then you have got the
barn sitting on a separate parcel and, then, you have got these two adult care facility
houses, if you will, on Meridian Road. So, it kind of staggers forward to back. My client,
Berkeley Building Company, purchased recently -- and we ran a preliminary plat
through last month. It seems like it was months ago, but I guess it was last month -- for
19 -- or it was actual 20 lots around -- around the existing house, maintaining the
access to the road on top of -- this road you're looking at. Where I took this picture was
from where the road -- our new road turns and you're looking back to the private
driveway they are going to maintain. So, what you see there -- that driveway is going to
be maintained. That's going to stay as is. But we are going to put a new road on top of
the -- of the hundred and something feet from there back to Meridian Road, full public
right of way or curb and there is a lot of driveway access to it -- to this, as well as the --
his whole care facilities at that turn. That preliminary plat was -- well, excuse me. That
final plat was on your Consent Agenda tonight. We actually came in with 19 lots. We
lost one lot. Made them a little bit bigger. But that was on your Consent Agenda tonight
and we are moving forward with construction. We didn't really know the background
and history on this. I'm claiming a little bit of ignorance on the fact that it was in the
development agreement, that we needed to rectify it. I guess tear it down or -- is that
the solution? Tear it down? You know. Or what else are you going to do, move it back
20 feet? There is another little detached -- there is another little detached garage
behind this one, too, so I can't really move it back. So, as I stated at the preliminary plat
hearing, we were -- we were under the misunderstanding we could ask for a waiver. It
was brought to our attention right as the motion was going to be made. Wait. Wait.
Wait. You got to ask for a variance. Okay. You know. So, here we are, we went back
to the neighborhood meeting nobody showed up to. You know, the public notices, the
fee, the 1,500 dollar fee, whatever, for the variance. Here we are asking for a variance,
which I know there is a high standard for variances, but I can count on one hand over
the last 20 years how many variances I have asked for and I have gotten them, but it's a
little bit of a stretch sometimes. But it's a very unique situation in that -- and you don't
create three-quarter acre lots typically. You don't create with flag lots and driveways on,
you know, 70s structures. So, this is a very unique circumstance with the geometry and
such, that it gives us a situation where we feel it's a hardship to tear down the shop. It's
something that the Ponds use, they would like to keep on. We don't think it's a
nuisance technically. You know. You know, I would never ask for an accessory
structure in front of a house that was new, but since this is existing and it's a very
unique lot, we are asking for the variants and I'm here on behalf of Thair Pond. They
don't want to have to tear down -- you know, we don't want to -- it's not really Berkeley's
fight, but I said, hey, I will go ask for the variance, Mr. Pond, you know, since you want
to keep the shop and so I'm here on his behalf to ask for that variance and hopefully --
and I don't know about finding records for a building permit in the 70s in Ada county. I
think the chances on that might be slim to none. I'm guessing. You probably can't find
one from five years ago in Ada county. Or maybe ten. You know their records don't go
30 years back. I can almost guarantee it. So -- so, with that said, I'm hoping you grant
the variance, in that we don't have to approve the building permit for it. It's a nice steel
Meridian City Council
January 23, 2018
Page 22 of 35
painted that matches the architecturel of the house. It's not a big eye sore and if you
come in -- and if you look at the color -- if you look at the color rendering that I gave you,
the exhibit, if you come in on the right side of the road, like your entry traffic will, on the
south side of Addeson there, you can see -- we will be looking at a landscaping and a
fence, you know, and, then, the view that would catch that would be actually on the exit
-- the exit view. So, it's not really a visual insult, if you will, to the -- and it's definitely
way back. There is over a hundred feet back from our new road and it's gravel in front
of the house. So, we leave it up to you. We are at your mercy. We ask for the variance
and not tear it down and leave it as is. So, with that we will stand for your approval.
De Weerd: Matt, does Thair Pond live there? I didn't think he did.
Schultz: He does. He's staying there. He lives there. We are talking about all kinds of
fences around him. Him and his wife live there. But he definitely lives there. Unless he
moved out just in the last couple of weeks. But the last I checked he was living there
and we are building the roads around him here pretty soon and he was -- told us he was
going to stay. Now, if that's changed I'm not in the know, but that's what I understood.
De Weerd: Council, any questions? Thank you.
Schultz: Thank you.
De Weerd: Would you like to provide testimony on this? Our only two in the audience.
Earning a merit badge perhaps? Very good. Okay. Council.
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: I'm wondering if a variance could be granted for a specific amount of time or just
while Mr. Pond is using this residence, that could go away if the property changes
hands? Staff or legal?
De Weerd: Josh or Bill?
Beach: I'm not unaware of a way that it can be a temporary variance. Once a variance
is granted it -- it's there. It's based on the property, unless Mr. Nary has another way he
can think of where it's a temporary deal. I have never seen that as something that's
possible. It's always -- once you're granted that, that's -- that's your right and you have
got a different setback.
Nary: Madam Mayor, Members of the Council, yeah, there isn't a -- there isn't a
temporary of that nature and it is in the development agreement, so it's a requirement
that's existed for -- since 2012. So, there really isn't an alternative. And, again, I think
the staff findings are correct. I mean you have to make those findings to be able to
allow the variance. In their opinion this doesn't meet those requirements.
Meridian City Council
January 23, 2018
Page 23 of 35
Milam: So, Madam Mayor?
De Weerd: Mrs. Milam.
Milam: To make sure I'm understanding this correctly, we cannot approve this variance
unless the applicant can give us a reason showing undue hardship or something of that
nature?
Nary: The unique characteristics of the site -- the base and dimensions of the site.
Usually that's a topography issue predominantly. But that's the -- one of the prongs.
You need all of them. And the other is, again, the hardship and hardship can't be
caused by the property. So, it has to be a hardship that exists from other reasons that
are beyond their doings.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: Question for Mr. Nary. On the variance requirement of -- of relieving an undue
hardship, might there be an undue hardship and characteristic of the site created by the
plat we approved, necessitating access as depicted here? It created a hardship which
might not have otherwise existed.
Nary: Madam Mayor, Members of the Council, Council Member Borton, wasn't that
anticipated when they annexed the property and agree to that -- the development
agreement? And that was not unexpected.
Borton: Just walking through this, if in 2012 it was annexed with the DA, but no plat.
The DA contemplated complying with all of the R-8 standards and, then, subsequent to
that we approve a plat, which didn't have to be designed as it is here, yet it was, we
approved it, is it at that point that we created in an undue hardship on this site by
necessitating access as depicted?
Nary: Well, Madam Mayor, Members of Council, Council Member Borton, I mean
guess I -- my response would be is that hardship, then, was created by the applicant.
They chose to subdivide the site. They chose the design of the subdivision. All of that
was their choice on whether to subdivide and how to do it. It wasn't something the city
imposed upon them, it was something they chose to do.
Bernt: Madam Mayor?
De Weerd: Mr. Bernt.
Bernt: I didn't mean to interrupt. Councilman Borton, do you have any other questions?
Okay. Are we concerned about setting a precedence in regard to maybe future, you
Meridian City Council
January 23, 2018
Page 24 of 35
know, land use owners or applicants who may want to do something similar and use
this as an example of, hey, did it for him, why can't we do it for us type of a thing. Is that
a concern?
Nary: Madam Mayor, Members of the Council, Council Member Bernt, yes, that is the
primary concern is the state code is very specific on what is required for a variance to
be granted and it is totally within your discretion to make that finding of whether you
think it meets those requirements. The concern always is is that other applicants will
have the same opportunity, that's why that one provision about granting a special right
that is not allowed to anybody else, is -- is one of the prongs you have to find, is
because, then, other people could say they would, then, like to do something similar,
whether it's in that same location or a different part of the city and there would be a
difficulty in making various findings that are different when the circumstances are
similar.
De Weerd: Any other questions from Council for staff or the applicant? Any final -- oh,
well, our gentleman in the back would like to provide testimony. You will need to come
-- if you will state your name and address.
Knight: Mark Knight. 9504 Bienapfl Drive in Boise, Idaho.
De Weerd: Thank you.
Knight: I guess I was just curious. So, Mr. Pond was the owner of the land -- all of the
way before?
De Weerd: Yes.
Knight: And, then, he decided -- he agreed to subdivide it -- sell off part of it and
subdivide it. Was it like -- do we know for sure it was clear to him when that was agreed
upon that that shop had to be removed?
De Weerd: Yes. I think it was part of the discussion.
Knight: I mean was it just kind of in the paperwork or did he know that for sure, do you
know? You don't know?
Bernt: Better get him on the phone.
Knight: It just seems -- I don't know. It seems like if he already knew that and agreed
upon it, then -- and, then, to make a variance after you already allowed it to be
subdivided, I can see why you might not want to let him have the variance later, but if it
was unclear to him and at this point he's being told he has to take it down, then, that
seems unfair, so --
Meridian City Council
January 23, 2018
Page 25 of 35
De Weerd: Thank you. Appreciate your comments. Always appreciate help. I guess
we would ask Matt if he did his job as a land developer to explain all of those things.
Schultz: Thank you, Mayor. And I swear I didn't pay that guy. But he did introduce a
good point and from my understanding it said meet all code requirements of R-8. It was
way over Thair Pond's head and whatever he was doing at the time, which was the
adult care facilities, I think it was in the future he might do a subdivision. He didn't think
through the -- and to be honest with you, I didn't even know when we submitted this that
this was going to come up until staff caught it in the review. So, I -- you know, I don't
have Thair Pond here to testify. Wish I did, you know, and put it on the record that he
didn't know. But it's my assumption from my discussions with him and he would just be
devastated. It wasn't like we were trying to get around it and now get a variance after
the fact or anything like that. So, here is my interpretation on something that was
discussed with Mr. Nary about the -- the granting of a right or a special privilege that is
not otherwise allowed in the district. The fact that staff says, oh, we -- it would grant a
right or a privilege and I know that's the high bar we need to meet and the way I
interpret that -- and I'm no attorney -- is that is there another way to -- like another zone
request or another way to get it that doesn't open up a precedence for somebody to
come in later and say, oh, look you let them do a three-quarter acre lot with a shop
halfway in front of the house, you know, 150 feet back of a road, you know, it's just not
going to establish a precedent. So, I may be erroneous, but that was -- that's my
interpretation. It's a very low bar. I'm not an attorney. I just -- I just kind of seen a few
of these over the years and done a few of them over the years and I think, hopefully,
you will grant this and I understand, because of a technicality why you might not. But
we hope that you can find a technicality, find a finding that it doesn't grant a special right
or privilege and I will just leave it at that and we will see how it goes. Thanks.
De Weerd: Josh or Caleb, anything you needed to add?
Beach: Looking for -- just so that you're aware, we are trying to remember -- and I'm
looking up a staff report directly across the street on the west side of Meridian Road,
there is the Madden Village Subdivision that was approved last year as well with a
similar situation and we are trying to see what we did, so that we can make sure we are
consistent with -- I'm looking for that as we speak. And there wasn't a variance applied
for that we can recall on that, Madam Mayor. I don't believe so.
Nary: Madam Mayor? Madam Mayor, Members of the Council, I mean -- so I'm looking
at the development agreement that Mr. Pond did sign in 2012. So, I have to presume
he read it and so he did know the conditions. The only thing I can think of, if the Council
wants to grant a limited use, is, again, part of the conditions of this development
agreement are to comply with our code at a certain point in time. So, my only concern
-- whenever we make special conditions to allow somebody to do something for a
certain period of time that someone has to keep track of the period of time and, then, we
have the same discussion in five years that I don't really want to tear the building down.
So, I mean in looking at this development agreement, I mean it's certainly within the
Council's purview that's -- that's not in front of you tonight, so you can't grant an
Meridian City Council
January 23, 2018
Page 26 of 35
amendment to the development agreement. That's certainly an option they could have
considered. But, again, it's always a problematic -- that's the only thing I could think of
is that the development agreement gives these requirements at certain points in time
and when things need to be removed. The language, as Josh has stated in the
development -- or in the staff report is in this development agreement about removing
structures and complying with the requirements. But the concern is is, again, you're
only kicking the can down the road to somebody else at five years or ten years or
whatever date you want to set, someone is going to come in and say I don't want to tear
it down no matter what you do. I tried.
De Weerd: Okay. Matt?
Schultz: Thanks, Mayor. Matt Schultz again. Yeah. Thanks, Mr. Nary. I forgot to
mention the last time I was up here. There is an option and I thought of it a couple of
iterations ago about maybe opening up the amended development agreement
potentially to what he just alluded to. Potentially. But we already got a variance in front
of us, so I don't -- I don't know if it's conditional upon granting a revised DA. I don't
know. It's a little convoluted. But -- but I think it speaks to, you know, it ties my hands --
you know, it hangs on the DA, apparently, from what we are saying, that it's all hanging
on the DA that says he needs to meet all the conditions of code. So, ideally this would
have been addressed before the DA was done or concurrent with the DA five years ago.
It wasn't. I would be happy to take it back through a revised DA, if you would waive the
fee, because we already paid 1,200 bucks for the variance or whatever it was. But we
are going to be on this site for a while. We are going to be building through the summer
-- the spring, summer, and I would be happy to do it for Mr. Pond, if that's a route that
you think you need to go. I'm just throwing that out there, so -- thanks.
De Weerd: Thank you.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: Regardless of what's in the DA, the requirement to comply with -- in this case
the R-8 standards still exists, does it not?
Nary: Yes. Madam Mayor, Members of the Council, Council Member Borton. So, what
I'm looking at -- and what Josh cited in the staff report is that one condition in this
development agreement says any future subdivision shall be designed in a manner that
the existing structures on the site comply with the R-8 dimensional standards. So, that's
what he was talking about. So, what I'm saying is is could the Council consider
amending that one condition in creating an additional condition? I think you can. I don't
think it changes the conversation, it just pushes it to another point in time. Whether or
not any future subdivision could have been drafted at the time saying one property can
remain for a period of time or whatever you want to allow as a condition of annexation,
which is what -- the development agreement has done that -- could have been
Meridian City Council
January 23, 2018
Page 27 of 35
considered or discussed at the time. I don't know -- I don't recall this one, so I don't
recall if that was the conversation at all, but it is clear that -- from what the staff has
presented that based on the fact that they chose to, then, resubdivide the property to do
this new Pond Subdivision, that does enact this provision that requires that all of it has
to comply with the R-8.
De Weerd: And since it was in the DA, this topic has come up before. Is it possible to
continue this to our next meeting to look into what was presented during that application
and if some of those consequences were clear to consider that condition in the DA?
Nary: Madam Mayor, Members of the Council, yes. Absolutely. We can do that.
Again, if -- if the decision at that point in time is to consider an amendment to the
development agreement, then, that's a different process they will have to go through.
You can't grant it as part of this. But, yes, we can continue it to get more information, so
that you at least have more information to make this decision. We could certainly do
that.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: Do we still have to make the variance findings? I mean you're still -- you're
stuck with that, aren't you?
Nary: Well, Madam Mayor, Members of the Council, yeah, I -- you know, lawyers can
also have two different opinions. I -- I would agree you could argue that, yes, you still
have to make a variance finding. You could also argue that if this condition had said --
even at a future subdivision, one property can remain for this period of time for whatever
you want it, I think you could make that -- you might be able to make that finding, but
without knowing what the conversation was, whether it was discussed -- even if it wasn't
discussed, I'm not saying that that's fail safe, but, you're right, I mean it's certainly
arguable that you are still granting a special right. A variance is still necessary. It may
not answer your question.
Borton: It didn't. It's good to know.
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: So, it seems, though, from what Bill is saying that if we do amend the DA we
can, then, put a time limit on this structure, allowing it for -- to remain for a certain
amount of years? That's what it sounded like. It's already a 40 year old shop. So,
maybe forever isn't the best idea either, but -- I am not real thrilled of just making Mr.
Pond tear it down right now either.
Meridian City Council
January 23, 2018
Page 28 of 35
De Weerd: And, again, I think the challenge is going back and tearing down something
after the fact is next to impossible. Could this have been avoided in a different plat
design?
Beach: I think there is -- Madam Mayor, Members of the Council, I believe there is -- if
you look at the diagram here, the way that our code is set up is whatever the front of the
house -- or the yard is, you can't have a shop further than this plane about right here.
Okay? If access to this home would take off of -- to the name of the street, but if it came
south, then, we could make the argument that that is, then, the street yard and, then,
the shop would, then, be in the rear of the property and I think we could make that
finding. Again, some of it is dependent on the design, some of this is how the applicant
wanted to design their homes or their access to their driveway into their business is. I
think there is -- there is opportunity there, definitely, to do something different that would
-- would have made this work.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: If it's a continuance to February 6th, to at least keep this thing alive while legal
and planning noodles some possible solutions -- there is a couple of weeks. Well, a
couple things that I struggle with the variance finding. I don't -- I don't know how you get
through the undue hardship, because of the characteristics of the site and Matt could
see that as well. It's just a tough one to find and I really -- one, holding true to the
variances -- they don't comply, we have got to -- got to make the findings and if we can't
we can't and the idea of modifying the DA to back door a variance request, even with
good intentions, is a really slippery slope. It kind of spooks me a little bit in a big way.
So, I'm not opposed to continuing it for two weeks, but I -- I don't know if it gets -- at
least from my perspective if it gets -- get us anywhere. I don't think I can make that
finding.
De Weerd: Any further discussion?
Borton: Madam Mayor? The adoptions it sounds like are -- it may very well be to deny
the request or continue it. Council has a preference in two weeks or just take action
today.
Bernt: I -- I probably would move to continue -- oh, sorry. Madam Mayor. I am so
sorry. That's pretty funny. I apologize. It was a major mistake on my part.
De Weerd: You're entitled. You're still the new guy.
Bernt: Bad mistake. My apologies. Madam Mayor.
De Weerd: Mr. Bernt.
Meridian City Council
January 23, 2018
Page 29 of 35
Bernt: I probably would move to continue this. Give Matt two weeks to pull a rabbit out
of his hat and figure out maybe how he can do this. That would be something that I
would be in favor for.
De Weerd: Mrs. Milam, was that kind of an attempt to say I second the motion?
Milam: It was probably --
De Weerd: Further discussion? No?
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: If the Council wants to continue this for two weeks I'm fine with that. I just
think that it's -- to the applicant -- and I echo Council Member Borton's comments. The
threshold for me for granting a variance is very, very high and it's intended to be high. I
hear the intent and see what you're trying to accomplish and sympathetic to what you're
trying to hopefully do. I just -- I struggle with finding the findings to be able to support
granting of a variance, but for the next two weeks there is an opportunity to -- for us to
maybe go back and review the minutes or watch the meeting, get a better
understanding maybe of what the intent was of Council at the time if that somehow is
not reflected, I'm willing to put in the time for that as well.
De Weerd: Okay. I have a motion and a second to continue this until February 6. All
those in favor say aye. Any opposed? Okay.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
B. Public Hearing Continued from January 16, 2018 for Proposed
New Fees for Accessory Use Permit for Home Occupation,
Accessory Use Permit for Home Occupation that includes
provision of lessons or instruction to a group of 7 or more
students, and Review of Landscape Plan revisions
1. Resolution No. 18-2057: Adoption of New Fees for
Accessory Use Permit for Home Occupation, Accessory Use
Permit for Home Occupation that includes provision of
lessons or instruction to a group of 7 or more students, and
Review of Landscape Plan revisions
De Weerd: Item 9-B is a public hearing continued from January 16th and -- what staff
might be -- oh, Caleb.
Hood: Madam Mayor, Members of the Council, as was just mentioned, this was
continued from January 16th, although no presentation was given, because it was after
Meridian City Council
January 23, 2018
Page 30 of 35
midnight at the time. We still have the exact same amount of people in the audience,
though, I will point out, so we could have tackled this last week.
Milam: We could have done it --
Hood: But as is the case anyway. There are really two things associated with this item.
There is an action item underneath my presentation, a resolution 18-2057, which I
would ask you to make a motion to approve after my brief presentation. There really
are two things included in this request. One is to reflect the revised fees for home
occupation accessory use permit tiers that we discussed over the previous several
months and adding that to the city wide fee schedule and, then, currently in Meridian
City Code 11-5A2 there is a table that has a line item labeled landscape plan review,
but we don't have an associated fee with that, so we have never really been able to use
that tool. So, today we -- any developer that wants to change their landscape plan,
whether it be for fencing or different types of amenities or those types of minor
modifications, we charge them a 541 dollar fee and we send them back to you for what
we call final plat modification. So, if we add this landscape -- landscape plan fee, we
will be able to process those modifications at the staff level and process them
administratively. So, just to clarify, those would be changes to a landscape plan that
weren't the subject of a public hearing, so people are here and, you know, everyone
liked the pool and they want to change a pool for tot lot, we would say, no, you got to go
back through that process of a public hearing again. But if someone had, you know,
vinyl fencing and now they want to do cedar fencing and it wasn't discussed by
anybody, we can do that at the staff level. So, just kind of an example of what we are
talking about here. So, that's really what the revised fee schedule is for on this topic
and I think with that brief presentation I would stand for any questions you may have.
De Weerd: Thank you, Caleb. Council, any questions?
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: If there are no questions, I move we approve 9-13, Resolution No. 18-2057.
Milam: Second.
De Weerd: I have a motion and a second on the resolution.
Nary: Madam Mayor, Members of the Council, yes. It's a public hearing, so you need
to close the public hearing and, then, the ordinance, that's 11-A, is what is the ordinance
for the public hearing.
De Weerd: So, what's the resolution for then?
Meridian City Council
January 23, 2018
Page 31 of 35
Nary: Oh, I'm sorry, yeah. So, the ordinance -- the resolution adopts the fees, the
ordinance amends the code.
De Weerd: Okay.
Nary: I apologize.
De Weerd: Thank you.
Nary: So, yeah. The resolution for the fees.
Cavener: Madam Mayor?
De Weerd: Yes, Mr. Cavener.
Cavener: Try this one more time. I move we close the public hearing on 9-B.
Milam: Second.
De Weerd: I have a motion and a very quick second to close the public hearing. All
those in favor say aye. All ayes.
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: I move we approve Item No. 9-B, Resolution No. 18-2057.
►• n "111,• RITI re 1
De Weerd: I have a motion and a second to approve the resolution. Any discussion
from Council? Mr. Clerk.
Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, absent; Little Roberts, yea;
Bernt, yea.
De Weerd: All ayes.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
Item 10: Department Reports
A. Public Works: Net Zero Budget Amendment to Cover
Reimbursement Agreements with ACHD (Project 815025) And
Meridian City Council
January 23, 2018
Page 32 of 35
MDC to install Historical Street Lights Not -to -Exceed $220,177
De Weerd: 10-A is a department report. You will notice, Council, that we have new
terminology in the description on this. Net zero budgeting. Oh, sorry.
Dolsby: Thank you.
De Weerd: So, a net zero budget amendment request.
Dolsby: Madam Mayor, Members of the Council, I'm here to request a budget
amendment in the amount of 220,177 dollars for the street lighting along the ACHD Pine
Road widening project between Meridian and Locust Grove that's going on right now.
This will result in a net zero cost to the city. So, the street lights will be installed under
the ACHD construction project and, then, paid for by the city. ACHD will invoice the
city, but, then, the city has an agreement with the Meridian Development Corporation
and MDC will be reimbursing the city for all of those costs. So, we just need the
spending authority to be able to spend this amount of money and, then, this amount of
money will get reimbursed back to us by MDC. So, with that I will stand for any
questions.
De Weerd: Thank you. Council, any questions?
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: Seeing no questions, I move we approve 10-A, Public Works budget
amendment for a not to exceed amount of 220,177 dollars for ACHD project B15025.
Milam: Second.
De Weerd: I have a motion and a second to approve Item 10-A. Any discussion from
Council? Mr. Clerk.
Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, absent; Little Roberts, yea;
Bernt, yea.
De Weerd: All ayes.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
Item 11: Ordinances
A. Amended Title: Ordinance No. 18-1762: An Ordinance
Amending Meridian City Code As Codified At Title 11, Entitled
The Unified Development Code, Of The Meridian City Code
Meridian City Council
January 23, 2018
Page 33 of 35
Pertaining To: Definitions; Allowed Uses In All Districts;
Specific Use Standards (Home Occupation And Retail Store,
Wine And Beer Sales And Servings); Surety Agreements And
Establish New Definitions And Regulations To Allow The
Operation Of Food And Beverage Products Processing, Minor,
In The Commercial, Industrial And Traditional Neighborhood
Zoning Districts; And Providing For A Waiver Of The Reading
Rules; And Providing An Effective Date.
De Weerd: Item 11-A was just discussed. It's Ordinance 18-1762. Mr. Clerk, will you,
please, read this by title.
Coles: Thank you, Madam Mayor. City of Meridian Ordinance No. 18-1762, an
ordinance amending Meridian City Code as codified at Title 11, entitled the Unified
Development Code of the Meridian City Code, pertaining to definitions. Allowed uses in
all districts. Specific use standards. Home occupation and retail store. Wine and beer
sales and servings. Surety agreements. And establishing new definitions and
regulations to allow the operation of food and beverage products processing. Minor. In
a commercial, industrial, and traditional neighborhood zoning districts. And providing
for a waiver of the reading rules and providing an effective date.
De Weerd: Thank you. Council?
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: I move we approve Ordinance No. 18-1762 with suspension of rules.
Milam: Second.
De Weerd: I have a motion and a second to approve Item 11-A. Mr. Clerk, will you call
role.
Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, absent; Little Roberts, yea;
Bernt, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
Item 12: Future Meeting Topics
De Weerd: Any items under Item 12? Reminders of the Town Hall meeting tomorrow
evening from 6:30 to 8:00 at Cole Valley Christian and State of the City on February 7th
at 4:29. It's a half hour later.
Meridian City Council
January 23, 2018
Page 34 of 35
Borton: Madam Mayor?
De Weerd: Mr. Borton. For future meeting topics, just as a heads up, the workshop
February 13 has Idaho Humane Society long-term direction -discussion, a VRT
presentation about Valley Connect 2.0. We are going to be discussing Council Woman
Milam's comments and discussion about Council elections and whether it's amended --
our ordinance amended to have the top vote getters, I think, be the ones, as opposed to
running for individual seats. So, that's one for the workshop as well. And, then, each of
us will have the opportunity to present our brief updates, if any, on those commissions
that we participate on. External. So, just a heads up of workshoppolooza in February.
Milam: Thanks.
Hood: Madam Mayor?
De Weerd: Yes, Caleb.
Hood: I know I'm not part of the Council for future meeting topics, but I would like to
piggyback on what Mr. Borton just brought up. There is a -- a joint meeting just after the
workshop meeting with the Planning and Zoning Commission. So, that does -- it is
going to be a long meeting. But it has to end somewhere around 5:30 or 6:00, because
you have another party joining you for that meeting. So, I'm kind of looking at the clerk
limiting the topics of discussion. I also had a brief conversation with Councilman
Cavener before this meeting that VRT 2.0, Steven Hunt with VRT, will not be ready on
the 13th to discuss that and he would like to do that in March, if at all possible, which
may help you out a little bit. So, just one more thing while I have the floor. I was
planning on doing an All Things Transportation, but I can maybe put it on the agenda
and if there is not time we will do it some other time, if that's -- that's okay. But,
anyways, I just wanted to also remind you of the joint meeting with Planning and Zoning
mainly. Thank you.
Item 13: Executive Session per Idaho State Code 74-206(1)(f): To
communicate with legal counsel for the public agency to discuss the
legal ramifications of and legal options for pending litigation, or
controversies not yet being litigated but imminently likely to be
litigated and 74-206(1)0): To consider labor contract matters
authorized under section 67-2345A [74-206A](1)(a) and (b), Idaho
Code.
De Weerd: Thank you, Caleb. With that I will move to Item 13 with Executive Session
and ask for a motion.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Meridian City Council
January 23, 2018
Page 35 of 35
Borton: I move that we go into Executive Session pursuant to Idaho State Code 74-
206(1)(a),(1)(b),(1)(f) and (1)(j).
Cavener: Second.
De Weerd: I have a motion and a second to adjourn into Executive Session. Mr. Clerk,
will you call roll.
Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, absent; Little Roberts, yea;
Bernt, yea.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
(EXECUTIVE SESSION: 7:47 p.m. to 10:04 p.m.)
De Weerd: I would entertain a motion to come out of Executive Session.
Borton: So moved.
Little Roberts: Second.
De Weerd: All those in favor say aye.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
De Weerd: Do I have a motion to adjourn?
Borton: So moved.
Little Roberts: Second.
De Weerd: All those in favor.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
MEETING ADJOURNED AT 10:04 A.M.
(AUDIO RECORDING ON FILE OF THESE PROCEEDINGS)
MAYOR TAMMY DE WEERD DATE APPROVED
ATTEST:
C. JAY COLES, CITY CLERK
Meridian City Council
January 16, 2018
Page 35 of 35
Borton: I move that we go into Executive Session pursuant to Idaho State Code 74-
206(1)(a),(1)(b),(1)(f) and (1)(j).
Cavener: Second.
De Weerd: I have a motion and a second to adjourn into Executive Session. Mr. Clerk,
will you call roll.
Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, absent; Little Roberts, yea;
Bernt, yea.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
(EXECUTIVE SESSION: 7:47 p.m. to 10:04 p.m.)
De Weerd: I would entertain a motion to come out of Executive Session.
Borton: So moved.
Little Roberts: Second.
De Weerd: All those in favor say aye.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
De Weerd: Do I have a motion to adjourn?
Borton: So moved.
Little Roberts: Second.
De Weerd: All those in favor.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
MEETING ADJOURNED AT 10:04 A.M.
(AUDIO RECORDING ON FILE OF THESE PROCEEDINGS)
MA f1-TA�11C/I DE WEERD DATE APPROVED
O�SED AUGUST,.
ATTEST: eQ t�
C. JAY COLE, CITY LE s c;,vof w
Com` EIDDAA+_...
IDAHO
s� SEAL