HomeMy WebLinkAbout2006 01-03
Janua 3 2006
The regular meeting of the Meridian City Council was called to order at 7:00 P.M.,
Tuesday, January 3, 2006, by Mayor Tammy de Weerd.
Members Present: Mayor Tammy de Weerd, Shaun Wardle, Keith Bird, Charlie
Rountree and Christine Donnell.
Others Present: Bill Nary, Will Berg, Anna Canning, Len Grady, Bill Musser, Bruce
Freckleton, Joe Silva, Joe Borton and Dean Willis.
Item 1:
Roll-call Attendance:
Roll call.
X Shaun Wardle
X Charlie Rountree
X
X Christine Donnell
X Keith Bird
Mayor Tammy de Weerd
De Weerd: Okay. I will go ahead and get the meeting tonight started. Welcome. We
appreciate you joining us tonight. It is Tuesday, January 3rd, 2006. It is eight minutes
after 7:00. I will start with roll call attendance. Mr. Berg.
Item 2:
Pledge of Allegiance:
De Weerd: Tonight we will be led in the pledge of allegiance by Myron Severson. If you
will, please, all rise and join us in the pledge.
(Pledge of allegiance recited.)
Item 3:
Community Invocation by Joe Anderson, with Cole Community
Church:
De Weerd: Thank you. We are very pleased to have Officer Severson back with us
tonight and we will recognize that shortly. But thank you for leading us in the pledge.
Item No.3 is our community invocation by Joe Anderson with Cole Community Church.
If you will, please, join us in the community invocation or take this as an opportunity for
a moment of silence. Joe.
Anderson: All glory and praise be to you, oh, God, King of our universe, Father of all.
You have benevolently blessed us with every good thing, those which we see and
recognize now and those that are hidden from our eyes, which you have given us, but
we do not recognize. As we start this new year of 2006, what can we say but the
biggest and best, the most spectacular and grand heart felt thank you. You have made
us, love us, provide for us, and encourage us to be holy and gracious, loving and full of
care and compassion. In truth, oh, that we could be more like you. We take this time to
look back at the past year of 2005. We have celebrated; we have seen great wonders,
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January 3. 2006
Page 2 of 47
acts of incredible kindness, miracles, and joy unspeakable. We have seen hardship,
disasters, war and hatred, hurt and despair, death and deep sorrow. But most
importantly, as the old hymn says, through it all I have learned to trust in Jesus, I have
learned to just in God. You shine above the events of the year in a brilliance which is
awe inspiring and commands our greatest praise. David, the Psalmist, says test that
the Lord is good. Blessed is the man who takes refuge in him. Fear the Lord you his
saints, for those who fear him lack nothing. A lie can make weak and hungry, but those
who seek the Lord lack no good thing. Now as we humbly come into this year may you
watch over, guide, and protect our wonderful City of Meridian. May your strong hand of
wisdom be on our Mayor Tammy de Weerd, our City Council members, and our city
leaders. May you see that they protect our police, firefighters, and emergency
personnel, and may the heart of encouragement be with our soldiers overseas and
those at home who fight and have fought for our freedom. May we act in accordance to
your purpose as we plan and act this year, as we conduct the business of our great city,
and may we remember to rise above the business, the turmoil, the joys, and the
stresses of the day, to see your hand gently touching us, richly blessing us with new life,
renewed passion, and unsurpassed joy. Help us to pass this great blessing onto those
we like and those we don't, to those who deserve it and those who are hard to love.
May we see the blessing in being your blessing giver. Bless this session of your City
Council and may this year be to your glory, amen.
Item 4:
Adoption of the Agenda:
De Weerd: Thank you, Joe. I appreciate you joining us tonight. Item No.4 is adoption
of the agenda.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: We will start in our Consent Agenda we have resolution numbers 05-496, 05-497,
05-498, 05-499. On the regular agenda Item No.8 has been asked to be tabled until
January 24th, 2006. Item No.9 has been asked to be tabled to January 10th, 2006.
Also on our regular agenda we will have ordinances 05-1209 and 05-1210. And with
that I move that we accept the agenda as noted.
Rountree: Second.
De Weerd: Okay. Thank you, Mr. Bird. You have heard a motion to approve the
adoption of the agenda as amended. All those in favor say aye. All ayes. Motion
carries.
MOTION CARRIED: ALL AYES.
Item 5:
Consent Agenda:
Meridian City Council
January 3, 2006
Page 3 of 47
G.
H.
I.
J.
K.
L.
M.
A.
Approve Minutes of December 13, 2005 City Pre-Council Meeting:
Approve Minutes of December 13, 2005 City Council Regular
Meeting:
B.
C.
Approve Minutes of December 20, 2005 City Council Regular
Meeting:
D.
Findings of Fact and Conclusions of Law for Denial: AZ 05-
048 Request for Annexation and Zoning of 14.81 acres from RUT
to R-4 zone for McGee Property by Martin Artis - 3086 South
Mesa Way and 1252 East Victory Road:
E.
Findings of Fact and Conclusions of Law for Denial: AZ 05-
049 Request for Annexation and Zoning of 5.15 acres from RUT to
R-4 zone for Carrinaton Property by Mark & Karen Carrington -
2955 South Locust Grove Road:
F.
Development Agreement: AZ 05-016 Request for Annexation
and Zoning of 28.65 acres from RUT to R-15 and L-O zones for
Silver Oaks Subdivision by Charter Builders, Inc. - north of West
Franklin Road and west of North Ten Mile Road:
Approve Beer and Wine Packaae Vendor Applications for
Richard R. Davis dba Double D Home & Ranch at 3100 S.
Meridian Road:
Approve Beer and Wine Packaae Vendor Applications for
Kebob. LLC dba Tobacco Connections at 520 S. Meridian
Road:
Authorization to Procure Repair Services for WWTP Biosolids
Land Application Truck:
Contract for South Area Lift Station and Pipeline Project with
CH2M Hill:
Award of Bid for Landina Lift Station Uparade to Star
Construction, LLC:
Award of Bid for 2006 Ten Mile Relief Sewer Project to
Bodiford Construction, Inc:
Award of Bid for Bear Creek Chopper Pump I VFD Pre-
Purchase Project to WM H. Reilly and Co.:
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January 3, 2006
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S.
T.
u.
N.
Resolution No. 05-496 Adopting the National
Incident Manaaement System as the City of Meridian Standard
for Incident Management and Response:
o.
Approve Sponsorina Idaho Community Development Block
Grant Application for Meridian Senior Citizen Center:
P.
Resolution No. 05-497 : Amend the Text of the City of
Meridian Comprehensive Plan: Providina for Downtown
Meridian Desian Guidelines as Set Forth in Chapter II, Article
D, 11-2D-4:
Q.
Resolution No. 05-498 Approvina Warranty Deeds
from Bear Creek LLC and the Bear Creek Homeowners
Association (Grantors) to the City of Meridian (Grantee) for Lot
29, Block 15 in the Bear Creek Subdivision No.8 for a Public
Pedestrian Pathway:
R.
Resolution No. 05-499 : Approvina an Extension of
the Park Development and Impact Fee Reimbursement
Aareement for the Construction of a City Park in the Champion
Park Subdivision until June 1, 2006; Ratifying the Signature of
the Mayor:
Selection of Firms for Calendar year 2006 for Enaineerina
Services for Miscellaneous Wastewater Projects:
Americorp Youth Coordinator Aareement with Bud Henthorn:
Approve Bills:
De Weerd: Item 5, Consent Agenda.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move that we approved the Consent Agenda as published and that would
include Item No. N, which is Resolution 05-496, Item P, which is 05 -- Resolution No.
05-497.0, which is Resolution No. 05-498. and R, which is Resolution No. 05-499. And
for the Mayor to sign and the Clerk to attest on all proper articles.
Rountree: Second.
De Weerd: Okay. The motion is to approve the Consent Agenda.
discussion? Hearing none, Mr. Berg, will you, please, call roll?
Is there any
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January 3, 2006
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Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea.
MOTION CARRIED: ALL AYES.
Item 6:
Department Reports:
A.
Development Service Division - Bruce Freckleton
1.
Discussion and Direction for Contractor Reaistration
Policy:
De Weerd: Thank you. Item 6, Department Reports. We will start with Mr. Freckleton.
Freckleton: Good evening. Hopefully, you have the memo that we prepared regarding
contractor registration in your packets and just make this very brief. I'll stand for any
questions you might have. I did include a recommendation. I would just ask that if it is
your pleasure to pass this recommendation, that you could possibly make it effective
immediately, and with that I will stand for questions.
De Weerd: Council, do you have any questions?
Bird: Madam Mayor?
De Weerd: Yes, Mr. Bird.
Bird: Bruce, who is going to be responsible for the contract registration enforcement?
Freckleton: Madam Mayor, Councilman Bird, the enforcement responsibility is not with
the local government; it is with the state licensing board.
Bird: And what -- follow up, please?
De Weerd: Uh-huh.
Bird: And what are the penalties, if any?
Freckleton: The statute does have -- I believe it's misdemeanor penalties. I think there
is a fine up to a 2,000 dollar fine.
Bird: And what is this -- what does this license guarantee the consumer?
Freckleton: Councilman Bird, first of all, it is not a license, it is a registration.
Contractors are required to register with the state. The contractor, as part of his
registration, has to prove workmen's compensation insurance. He has to prove that he
has liability insurance. By not registering, probably the most important point is that the
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January 3, 2006
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contractor waives his right to lien. So, if he is not paid for the work he completes, he
waives his lien rights. So, for the consumer I think that, you know, most contractors that
are playing above board are going to be -- are going to be registered, they are going to
have the proper insurance, you know, the -- I believe our consumers, the homeowners,
are better protected in that regard.
Bird: What's the difference between this and the public works license?
Freckleton: Councilman Bird, our city engineer said that the public works license just
covers water and sewer lines.
Bird: That's not right. Public works covers everything. Subcontractors and everything
and you have it by the size of your jobs that you want to do. Your list. I don't have no
problem. I really have problems with how it's going to be enforced and I think it's a false
sense of security out there, because there is nothing to say that a contractor can't walk
in today with his liability insurance and his bond and 30 days from now not be -- not
have it still. I have no problem with it, but I think it's something that needs to be
stronger. But that's not at the local level.
Freckleton: That's correct.
De Weerd: And, Councilman Bird, I think when the legislation was introduced, the intent
was to come back and strengthen it. It was introductory and it was kind of the first step
of starting to do something a lot different and this, I believe, was a compromise to get
the ball rolling.
Wardle: Madam Mayor?
De Weerd: Yes, Mr. Wardle.
Wardle: Bruce, as I understand it, the staff's recommending that permits be issued only
to those contractors who have registered, provide a number, or those that can provide
proof of a waiver, which, under the legislation I understand is any job under 2,000
dollars; is that correct?
Freckleton: Madam Mayor, Councilman Wardle, there is a pretty good list of things that
qualify for exemption. 2,000 dollars -- if the work is under 2,000 dollars, certainly it's
exempt. Also, a homeowner doing work on his own home, if he lives in the home longer
than 12 months he's exempt. I believe there is some exemptions for nonprofit work as
well. So, there is several in list that, you know, would qualify for the exemption.
Wardle: Madam Mayor, follow up?
De Weerd: Yes.
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January 3, 2006
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Wardle: Bruce, my only question is, are those exceptions clear enough that at the staff
level you can make that determination? Your department can make that determination?
Freckleton: Councilman Wardle, a contractor simply just needs to tell us that he is
exempt. The way that the statutes are written, it is not the responsibility of the local
government to decide whether his exempt qualifies or not.
Wardle: Okay. Thank you.
Freckleton: That's the state licensing board's responsibility.
Nary: Madam Mayor?
De Weerd: Yes, Mr. Nary.
Nary: I just want to -- if the Council wanted to consider, one of the things you may
decide in this issue is if you want us to have an ordinance directed to this particular
subject, we could certainly do that. The statute right now, as it's drafted, gives the
authority to the building department and the Council to make this decision as a policy
choice of not issuing licenses unless they can show the exemption. If you want to us to
supplement that with an ordinance, we can certainly do that, only to provide, I guess,
better teeth for the building department, so that they are not just going to rely on the
direction you have given them tonight, if that's what you choose to do, but they can
actually point to an ordinance that's passed by this Council that says we aren't going to
issue licenses and we are going to comply with what the state law requirements are for
the City of Meridian. If you want to do that, you can give us that direction and we will
prepare an ordinance and bring it back to Council here in a few weeks.
Rountree: Madam Mayor?
De Weerd: Yes, Mr. Rountree.
Rountree: The question I have for Mr. Nary is that the statute says we can't issue a
permit without, essentially, being shown that a contractor has a permit or says they are
exempt. So, is there really a need for an ordinance and what does that get us?
Nary: Well, Madam Mayor, Councilmember Rountree, you're exactly right, the statute
says the city shall not issue a permit unless they can give us a number or claim an
exemption. It also has no penalty for the city if they choose not to do that. There is
some disparity among the local cities here and that was prompted by an article that was
in the paper a couple of months ago, where some of the cities are still trying to address
how do they address that -- that sort of loophole that exists where the city is not
obligated to do any investigation. If they claim an exemption, that's all they have to do.
We can stand by the state law, if we choose to do that. Some cities -- and in this
particular article Nampa had indicated they were going to grant a grace period, although
they didn't indicated how long that period might be, that they were going to grant a
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January 3, 2006
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grace period and not even ask and just direct contractors to the state during the interim.
The penalty is on the contractor who operates without it. But the ordinance, if you want
to do that, simply gives teeth to the building department that they are just complying
with the state statute that has no teeth to it, but, really, our own ordinance that really
would. But that's certainly your call. You're not -- don't have to do that. I think based
on the way the statute's written, we can enforce the statute based on the direction you
give us tonight and we are good.
De Weerd: Well -- and I do believe that the communication we have had from the
Association of Idaho Cities, they have suggested that the cities consider and adopt an
ordinance and that would certainly help the staff.
Bird: Madam Mayor?
De Weerd: Yes, Mr. Bird.
Bird: My preference would be to have it as a policy, like these guys do, at least at this
point for the -- and to see how it's going to go, because if I read the statute right, the
contractors can't file liens and if they can't file liens, maybe they will get these
registrations. So, I think it just should be a policy that we adhere to for however long.
And I think you need to start immediately. There is no sense of having a grace period.
These guys have had a grace period.
De Weerd: They have had six months, so that is a lot of grace.
Rountree: Madam Mayor?
De Weerd: Yes, Mr. Rountree.
Rountree: I support what Councilman Bird just said in terms of a policy. If what you
said previously is correct, that this is kind of an interim statute, that there is more to
come, we can direct staff to implement state statute from a policy level and they can
work at that level and, then, hopefully, from what they learn we can assist in future
drafting of a statute that might further clarify it and at that point in time when it becomes
finalized, we can implement an ordinance.
Bird: Was that a motion?
Rountree: And I will move as such, if that's what you need.
Bird: I'll second it.
De Weerd: So, the motion is to approve the policy that has been brought by staff and I
guess, Council, what I would ask is if we have any issues of enforcement or as we go
down this road, that we might be back with a recommendation for perhaps pursuing the
ordinance to support that. Okay. Is there any discussion?
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January 3, 2006
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Wardle: Is that effective immediately?
Rountree: Yes.
De Weerd: Thank you. Thank you for that clarification. I will ask for roll call attendance
on this.
Donnell: Attendance?
De Weerd: I mean roll call vote.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea.
MOTION CARRIED: ALL AYES.
B.
Police Department - Chief Musser
1.
Declaration of Recoanition:
De Weerd: It's a good thing someone pays attention to what I say. Thank you, Mr.
Rountree. Okay. Item 6-B. Chief.
Musser: Madam Mayor, Members of the Council, I asked for some time this evening.
Also provided a declaration to you, Madam Mayor, to be read in recognition of, number
one, Myron Severson, chief warrant officer for -- with the United States Marine Corps,
who is a detective, and soon to be rejoining our department tomorrow morning again
and he's back from his active duty service in Iraq with the Fourth Marine Battalion and
Charlie Company here in Boise. So, I specifically wanted to be able to recognize Myron
for his service to his country at this point and welcome him back. And, additionally, we
have a family member as well, Calvin Haines, who is a staff sergeant the 116th Calvary
Brigade, who was also serving in Iraq and his wife Joy Haines, is one of our record
specialists over at the Meridian Police Department. So, we kind of feel like the family is
back together again, so to speak. We have two of our key folks back home and gave
them a lot of support and we just wanted to recognize them and welcome them home
this evening. And I believe the clerk did present you with a proclamation of sorts.
De Weerd: Yes. Which I will read and I will ask that Detective Severson and Staff
Sergeant Calvin Haines would, please, join me in the front. In recognition of our reserve
and guard employees and family members, whereas the National Guard and Reserves
are essential to the strength of our nation and the well-being of our community, and
whereas it has been the tradition of patriotic men and women to voluntarily serve in
honorable and vital professions in the military through the National Guard and Reserves
and whereas we have had a member of the City of Meridian and family members of our
employees willingly step up to serve our nation in a time of need and whereas these
courageous men and women have now returned from service to our country and
Meridian City Council
January 3, 2006
Page 10 of 47
community and it is time to thank them, therefore, the City of Meridian does so express
its sincere appreciation and commends all the members of our returning service
personnel and family members from the 116th Armored Calvary Brigade and Charlie
Company of the Fourth Marine Tank Battalion, for their service and sacrifice and
particularly the City of Meridian wishes to thank CWO4 Myron Severson, Marine Corps
reserve for his service and welcomes him back to work with the Meridian Police
Department where he served as a detective -- and, you know, this is the human part of
me and, I'm sorry, it's just me. So, you have to take it -- additional thanks and
welcomes are extended to Staff Sergeant Calvin Haines from the Idaho Army National
Guard, as Joy Haines, a Meridian police department employee, and all other City of
Meridian family members that are not able to be present. We have appreciate you
being here with us tonight and welcome home.
Musser: And to kind of round out where we are at with this, I do have a police
department certificate of appreciation for their military service that we are presenting.
Both the Mayor and I have signed on this. Have one for Calvin. And I just discovered it
has a small error on it. Okay. This one states for service in the Marine Corps Reserve.
So, I think my secretary missed on that. You get to be an honorary Marine Corps --
and, then, also for Myron as well. Thank you very much. A big welcome back. Looking
forward to having you back in the ranks with us. Thank you.
De Weerd: Thank you.
Musser: And Calvin's son also is in the audience with us tonight. We have Adam
Haines here carrying on the tradition and currently assigned to school down in Monterey
at this point, aren't you? Thank you as well.
De Weerd: Thank you. Thank you both. And your families. Well, we are very proud to
be a participant in the employer supporting of our Guard and Reserves and we
appreciate their service to our communities and to our nation. So, thank you. And
thank you for tolerating my human moments. I know. It's embarrassing.
Item 7:
Items Moved from Consent Agenda:
De Weerd: Okay. We had no items moved from the Consent Agenda.
Item 8:
Tabled from December 13, 2005: FP 05-073 Request for Final Plat
approval for 11 residential building lots and 4 common area lots on 5.36
acres in a R-3 zone for EI Gato Subdivision by Conger Management
Group - 701 Black Cat Road:
Item 9:
Tabled from December 20, 2005: FP 05-074 Request for Final Plat
approval for 3 building lots and 1 common area lot on 12.01 acres in a I-L
zone for Weed and Pest Control Campus Subdivision by Ada County -
south side of EastPine Avenue and west of Locust Grove:
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January 3, 2006
Page 11 of 47
De Weerd: Items 8 and 9 have been requested to be tabled and I do not believe that
we need a motion to table these two items once again.
Nary: Madam Mayor, no, I think you have done that when you approved the agenda
with those specific dates in mind.
Item 10:
Item 11:
Item 12:
Item 13:
Item 14:
Item 15:
Public Hearing: AZ 05-033 Request for Annexation and Zoning of 3.02
acres to R-8 zone for Banff Subdivision by Landworks, LLC - 675 South
Linder Road:
Public Hearing: PP 05-032 Request for Preliminary Plat approval of 21
single family residential building lots and seven common lots on 2.91
acres in a proposed R-8 zone for Banff Subdivision by Landworks, LLC
- 675 South Linder Road:
Public Hearing: CUP 05-036 Request for a Conditional Use Permit /
Planned Development to allow reduced lot sizes, setbacks, frontage and
minimum ground floor square footage for Banff Subdivision by
Landworks, LLC - 675 South Linder Road:
Tabled from December 6, 2005: Findings of Fact and Conclusions of
Law for Denial: AZ 05-033 Request for Annexation and Zoning of 3.02
acres to R-8 zone for Banff Subdivision by Landworks, LLC - 675 South
Linder Road:
Tabled from December 6, 2005: Findings of Fact and Conclusions of
Law for Denial: PP 05-032 Request for Preliminary Plat approval of 21
single family residential building lots and seven common lots on 2.91
acres in a proposed R-8 zone for Banff Subdivision by Landworks, LLC
- 675 South Linder Road:
Tabled from December 6,2005: Findings of Fact and Conclusions of
Law for Denial: CUP 05~036 Request for a Conditional Use Permit /
Planned Development to allow reduced lot sizes, setbacks, frontage and
minimum ground floor square footage for Banff Subdivision by
Landworks, LLC - 675 South Linder Road:
De Weerd: Okay. Okay. Then, I will go ahead and move, then, to Items 10, 11, 12, 13,
14 and 15. I will open those public hearings and they are certainly for specific
discussion and I will start the discussion with Anna.
Canning: Madam Mayor, Members of the Council, these items are before you on
reconsideration, so what I would like to do is just briefly go over the highlights of the
development, because it has been some time and I did provide you an outline of the
discussion.
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January 3, 2006
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De Weerd: A brief overview would be appreciated.
Canning: Yes. And as soon as I can get working here -- there we go. Madam Mayor,
this is a -- and Members of the Council, this is Banff Subdivision. This is a request for
16 single family residential lots and five common lots in a proposed R-8 zone, with a
planned development. As you can see, the properties to the north and to the south
have not yet been annexed, but they have been annexed to the east and the west. This
just shows how the original preliminary plat fits on the site. Please note the property to
the north. I will be discussing it more. It's 65 feet wide all the way along the north
boundary. This is -- you're going to see a lot of site plans and I do want to point out this
is the site plan that the applicant is currently requesting. So, this is the 16 lots. This
would be an open space lot. And, then, this larger lot is to accommodate the existing
home. The planned development request is for reduced lot size, reduced lot frontage,
and interior side setbacks. The lot sizes range from 4,000 square feet to 5,400 square
feet. And, then, the house with the existing home is nearly 18,000 square feet. Has a
density of 5.5 units per acre. Did want to point out that it's fairly uncommon to see an
entry or a side setback request of three feet, which is what they have requested for non-
living space to non-living space. So, like between garages you would have six foot
separation. The main amenity is a seating area with a picnic structure located toward
the front of the project. And the applicant is also proposing a pathway connection to the
elementary school. Another topic of discussion was that Linder Road is the only access
to these 700 homes. There is an emergency access proposed that would connect up to
Waltman, but at this time it is the only access. Okay. The next thing I would like to do
is to clarify. I think that Council was a little unclear as to what staff was objecting to as
far as the property to the north. So, 65 feet to the north. I think there was a perception
that staff was -- wanted this -- or was insisting that this property also include that 65 feet
and that was never the case. What I had always advocated for was that this
development consider that property to the north, just like we make every other property
that comes in consider its surrounding -- the constraints of the surrounding properties.
And what I did quickly on Friday, when -- you got to remember, this is a government
employee working on a Friday afternoon at 4:00 o'clock before New Year's holiday, and
I came up with five alternatives at varying lot sizes, that all would accommodate future
development. Now, let me point out where the -- the 65 foot parcel is this one right
here. So, it would be accommodated through common drives. Here is one at R-8
standards, 4,000 square foot minimum, 15 lots. Here is one at R-8 standards, 6,000
square foot minimum, 12 lots. On this one this is the 65 foot. Here is one, 5,000 square
foot minimum, 14 lots. Again, it just accommodates future redevelopment and that's all
that staff has asked for on this. This is R-4 standards, 8,000 square foot minimum. You
get ten lots. And this is R-2 standards, 12,000 square foot minimum lot size. You get
six lots. So, on all of these it accommodates future redevelopment. I am extremely
concerned on this project that we are forever going to have a 65 foot weed patch to the
north of this if the current proposal is approved. The applicant has provided elevations.
We'd like to point out this one has a single car garage. The planned development
request did not ask for a reduction in the two car requirement, so this is the only one
shown with a two car garage. So, this would be the more likely elevation. This one also
includes just a single car garage. The Planning and Zoning Commission did
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January 3, 2006
Page 13 of 47
recommend denial of all the applications. The key issues of discussion are there before
you. I'll briefly go through it. High density of the site. Size of the lots in relation to
surrounding properties. The Linder Road access. Lack of fire protection. Future
problems for annexation and development of adjacent properties. Lack of public road
access to the parcel north of the site. The key Commission changes to staffs
recommendation was that they did add a finding that the project is premature for
development in the general vicinity, until such time as Linder Road overpass is
operational and nearby undersized parcels have a development plan. With that I will
end staffs presentation.
De Weerd: Thank you, Anna. Any questions for staff? Mr. Nary?
Nary: Madam Mayor, I just wanted to make it clear for the Council, you have six items
in front of you, because Items 13,14, and 15 was your denial that you had originally
decided upon. The other three are the actual active application, because you had
allowed this reconsideration to hear this matter. If you choose to reconsider it and
change your decision, then, we will have to take up 13, 14, and 15 and deal with those.
If you choose not to go away from your denial, you have those in front of you, you can
approve them. So, you have the option to do either.
De Weerd: Thank you. Okay. If there is no questions, is the applicant here? If you
will, please, state your name and address for the record.
McKinnon: Thank you, Madam Mayor, Members of the Council. Dave McKinnon, 735
South Crosstimber. I'm a little bit surprised. Anna's alternates are very new. This is the
first time I have seen them and it would have been nice to see those a little bit ahead of
time, but let's go ahead and address where we are at and how we got to this point and,
then, I'll go ahead and address the comments that Anna had tonight. It's been a long
road getting to you. We have had three neighborhood meetings, an individual meeting
with a neighbor concerning a boundary dispute. We have had two Planning and Zoning
Commission hearings. The first one was a -- they were undecided as to what to do.
They asked us to go back and hold another neighborhood meeting. Then, the second
hearing we had a split decision. It was a two-three vote and it was a surprise to a
couple of members of the Commission. Came back to you guys at your first hearing. It
was a split vote, a two-one split decision. Councilman Rountree was absent that night.
So, he's had a chance, I'm sure, to review the minutes and so a few weeks ago we
asked for reconsideration. That's why we are here tonight. We, actually, have what we
think is a good project for this site. We have a piece of property that's basically three
acres in size. You can leave it right there, Anna. Thanks. It's three acres in size. It's
on what will be a major traffic corridor in the future. Linder Road will be expanded to
five lanes in the future. We have a school site directly to the west of us, so we have
density on a major arterial. We have density next to a school, a school that has
capacity. As you remember from our last discussion, in meeting with Eric Exline and
the rest of the school district, they said that this school is actually operating under
capacity. It's one of the only schools in the City of Meridian that is actually operating in
that manner. And so we have provided the density in an area on the Comprehensive
Meridian City Council
January 3, 2006
Page 14 of 47
Plan that calls out for medium density, three to five units per acre. This comes out to
5.3 dwelling units per acre. Three acres, 16 units, just basically 5.3. It falls in the low
end of the medium density. It doesn't fall towards the high end of that. I wouldn't ask
for reconsideration if I didn't think this was a good project. We are asking for something
that's a little bit different in the City of Meridian. Right now the City of Meridian caters
almost exclusively to family oriented development. There is not a whole lot for people
trying to down size and there is also not a lot of opportunity anymore for first-time home
buyers to purchase a home. One of the ways that you can do that is to provide a high
amenity home on a smaller lot. And so we are providing a diversity in the housing
product in the City of Meridian. At the last City Council meeting there was a lot of
discussion, as Anna pointed out, as to the access to Linder. I think it was Mayor de
Weerd who suggested that possibly in the future, if the Hiath property to the south was
to redevelop in the future to connect this stub street, that we could block this off in the
future and we are agreeable to that. We would be more than happy to block that off in
the future, to allow access only to be taken from Waltman just down below to the south.
Anna, if you can go to the aerial? Just one up from here. Go one more, so we don't
have the -- there we go. A lot of discussion was held at that time concerning the access
out here. That access has been secured by the city and they are still working on getting
that completed. So, there will be an exterior exit for this piece of property. Some of the
things that Anna brought up that kind of surprised me. She said a few things. One of
the things that surprised me was the lack of fire protection. I have met with Joe Silva, I
have met with the city a number of times, and fire protection has never been a major
concern for that. One of the problems that we had with the staff report is that there
were no comments made from any of the other agencies. The only agency's comments
that were provided in the staff report were those from your Planning and Zoning staff.
All the other agencies that are requested for those comments were omitted by Planning
and Zoning staff in the staff report. So, we don't have the opportunity and have not yet
had the opportunity to review comments from the Public Works Department or the Fire
Department. So, those are comments that are new to us at this time. If we can go to
Anna's rendering. I just kind of want to look at those one more time and to take a look
at them just a little bit. As you remember, this little skinny piece of property to the north
-- and we discussed this last time. That skinny piece of property to the north was part of
the listing package with this piece of property. When this piece of property was offered
for sale that has been purchased here, this was part of that same listing package. They
listed them together. When a full price offer was made, they backed out and said they
did not want to be a part of it. We have made subsequent offers to them. They have
said they do not want to participate. So, at this point we have got a piece of property
that we have no ability to develop. So, if we can go to Anna's drawings and take a look
at those really quick.
Canning: Madam Mayor, the intent was never to redesign the project for the applicant,
just to show that they could accommodate future redevelopment of that parcel.
McKinnon: Okay. If that's the case, Anna, let's go ahead and -- you showed them to
the Council. I can go ahead and ignore them, too, if that's the case. So, if we can go
back. We met with staff after the hearing -- between our public -- our first Planning and
Meridian City Council
January 3, 2006
Page 15 of 47
Zoning meeting and they brought up these comments concerning how we are going to
redevelop the 66 foot wide piece of property. We went to your staff and your staff, Joe
Guenther, said you need to redesign this area. As Anna pointed out in the original
drawing, came in and just basically did a dog leg this direction and ignored up to here.
Joe Guenther asked us to provide this in this manner, so we could provide cross-access
in the future, two lots at this location. In addition to that, we have provided an access
right here off of the main road to provide an access to the piece of property here and to
the existing home that in the future they won't have to take access off of Linder Road.
That's at the recommendation of staff. And we did take into consideration how that
piece of property would develop in the future. We have made several runs at
attempting to purchase that property. We don't have the ability to purchase it, nor do we
have the ability to develop it. A lot of the alternatives Anna showed you were lots that
included that land as part of our project. You don't develop a piece of property showing
part of a development and, then, in the future when you can buy it, when they are willing
to sell it to you, then, develop it. It makes it a little bit hard to do that. I recognize it was
a Friday afternoon and they may not be the most wonderful drawings in the world, but
alternative one you see lots one through five, that's all the 66-foot wide lots. We can't
plan for something that we don't own. Next alternative.
Canning: That's not quite true, Dave. It would be up to the north there. So, those are
all separate lots up there. I didn't number anything that wasn't your property.
McKinnon: Okay. This is, actually, kind of an interesting drawing here. If we were to
develop in this manner -- this is a real interesting drawing, actually. We considered this
before in how we would do this. These lots would have to take access off of a full street
width. We'd have to -- typically, as you know, development works, you develop a half
plus 12. You only develop your portion of the roadway and the other property owner
would develop the other portion. Sixty-six feet wide, if you put 24 feet of asphalt in here
you do six more feet of asphalt on the property to the north, so you take out six feet
from the 66 feet and, then, you take out five more feet for the sidewalk and, then, you
take out another two feet for right of way -- so, basically, you're taking out 14 feet out of
a 66 foot wide piece just for road and right of way improvements, which make this
almost un-developable in the future if you don't provide an access that's not on a public
road. So, that's the reason why we didn't go that direction with it. If we can go to
alternative three, Anna. Again, the access is common drives all the way to the back.
No street frontage to this, somewhat similar to the lots that you were showing before. In
addition to that, you don't see a consideration for the existing structure in these. We do
have the existing structure that we have to consider and so the additional comments
here are something else. Alternative four. Again, the existing house will take up Lots 8
and 9. It doesn't accommodate the road coming in. And this also is requiring access to
be taken off of Linder Road in the future.
De Weerd: Mr. McKinnon?
McKinnon: Uh-huh.
Meridian City Council
January 3, 2006
Page 16of47
De Weerd: Again, these were just illustrations for the Council to show that there are
different considerations and to give some consideration to a parcel that we would
potentially be land locking. So, I don't think it's necessary to go through and critique
each one.
McKinnon: Okay. Well, with that -- don't need to critique each --
De Weerd: Unless Council would like to--
McKinnon: We have had the opportunity to redesign this and redesign this and we have
looked at a number of different options and the first option when we made the offer to
purchase this property included both of these pieces and it was very similar to the
design we have now, except we would have had more depth with the lots and it would
have been easier to design around. What we have tried to do is work with the property
to the north, to provide access to them at both the east end and the west end of this
property. We feel like that's what we can do for this property owner at that time. If they
are not willing to sell to us, we cannot design their property at this time and it's decided
that we cannot do that, but we can provide access for them at two locations for future
development and that's all you can ask of somebody to provide is a stub street to
provide the future development. I'm really happy that you guys have given us the
opportunity to ask for reconsideration. We feel that this is a good project and it does
provide the types of things that your Comprehensive Plan asks for, a diversity in
housing, density in locations that are appropriate near high transportation corridors and
near schools. We don't believe this will be a burden to the city. We agree with your
comment, Mayor de Weerd that we could block off access to Linder Road, again,
reducing the access points onto Linder Road in the future. Ask at this time if you have
any questions of us and ask for your reconsideration at this time.
De Weerd: Mr. McKinnon, I guess I would ask if you were to block off access at a later
date, how would you do that and who would be the enforcer to make sure that that did
happen and who would pay to make it happen?
McKinnon: It can be handled in a couple of different directions. One, if we block off this
access point, we would have to block it off to still allow emergency vehicle access and
one way you can do this -- there is a couple of different ways that you can do that. You
can use the breakaway bollards, you can use the spikes, that I, actually, don't think
would be the best idea to use here, or you could use a gate with a knocks box for fire
access. That way you would be able to get them in and out of this site. You also have
the opportunity right now to put a note on the plat that says in the future when the stub
street connection is made here, that this access will be blocked off in the future and
money can be set aside at this time to provide for that in the future into the homeowners
association fund for that to happen.
De Weerd: And who would be responsible for doing the work if the development is
complete and you have gone away? Who would be responsible for that?
Meridian City Council
January 3. 2006
Page 17 of 47
McKinnon: Put it into the CC&Rs and make it the homeowners association
responsibility. We don't know when this property to the south is going to develop. As
you remember, the owner said that if his mom knew that her property would be
subdivided in the future, she'd probably drop dead right away I think is what he said.
De Weerd: Okay. Council, any questions for the applicant?
Donnell: No.
De Weerd: Okay. Thank you.
McKinnon: Thank you, Mayor, Members of the Council.
De Weerd: Is there any additional testimony on this application? Okay. Council?
Donnell: Madam Mayor?
De Weerd: Mrs. Donnell.
Donnell: I think I will go first, because I think I was the one -- aye or nay or -- I can't
remember which way we were voting, but for whatever purpose, I was the one that
voted for the project, we will put it that way. And there were a couple of reasons -- and I
have thought a lot about this since we took public testimony on it before and one of the
things that I had asked staff was why this wasn't considered in-fill and it's because, of
course, the property on either side of it is not annexed and developed, as you can see
by the aerial. And in my thinking, as I reviewed that in my mind, it was -- it's obvious to
me that it will be a matter of time before, in fact, it will be developed and particularly if
she finds out her property might sometime be developed. But I would -- I think it's a
good development. I would agree with Mr. McKinnon that it's -- it's the kind of housing
that we have little of in this city. I think it looks like a good development. I think they
have addressed the issues about the access off of Linder Road and while I appreciate
Anna's efforts to go out on a Friday and take a look at some alternatives, I also think
that Mr. McKinnon should have been informed of those alternatives or those had been
shared with him prior to that and that that shouldn't have just come out tonight in this
meeting for us to look at, anymore than it should have for the developer to look at. So,
I'm, once again, going to say that I'm very much in favor of this development. I think
that it does provide a need that the city has and so for one of my last motions, I would
move that we would approve this development and, Mr. Nary, before I make that
motion, do I need to -- tell me, again, what my options are for this and, then, I'll give the
other Council members an opportunity to --
De Weerd: We would still need to close the Public Hearing.
Donnell: Oh, close the Public Hearing. Can I do that now?
Bird: Sure.
Meridian City Council
January 3, 2006
Page 18 of 47
Nary: Madam Mayor?
Donnell: It's a good thing that--
Nary: Madam Mayor?
De Weerd: Yes, Mr. Nary.
Nary: I guess -- I mean, certainly, if the Council wants to close the Public Hearing -- if
you have more discussion about that, I would recommend you have all of your
discussion before you close the Public Hearing, in case there are alternatives that you
want to explore. If you don't have any other options, that's fine. The only other
comment I would want to add -- and the Mayor was sort of tracking on that in her
questions to Mr. McKinnon. If the Council wants to consider closing that street in the
future, I'm not sure mechanically how we would accomplish that. CC&Rs can be
amended by the homeowners association. I'm not sure how we would bond for that
action at some point in the future which might be a year or five or ten -- I mean I don't
know how we would maintain a letter of credit or a bond to actually effect that in the
future. Certainly, you folks can make that decision. I don't know that you want to have
16 lots angry at you in the future when their street suddenly goes away, if someone is
going to make it go away, but if that's a consideration that the Council wants to
consider, my only caution is that I'm not sure how we could effectively actually create
such a mechanism to close that street in the future, since we won't have one property to
deal with, but you're going to be dealing with 16 of them. So, you may not want to close
that. So, if that's your consideration, you may want to rethink that. But if that's not what
you're going to base your decision on, it won't make any difference.
Donnell: Madam Mayor, just a follow up.
De Weerd: Mrs. Donnell.
Donnell: Mr. Nary, would that not, in fact, be a decision that, in the future, would be
made by ACHD, since that's their road?
Nary: The closing of it would -- could be an ACHD -- you can place a condition to close
it. You cannot allow access onto the roadway. If ACHD will grant you access to the
roadway -- so, you can make that a condition. My only concern is if you're making this
condition based on some other future event, then, we wouldn't have, necessarily, an
enforcement mechanism to actually do it if it's beyond a year from now.
De Weerd: Council, is there any additional discussion -- and I appreciate Mr. Nary
tracking whatever it was I was trying to -- I guess, you know, as you further consider
some of the options of limiting access onto Linder, it also, again, raises the point that we
are really constrained in that area as far as circulation with the traffic. Certainly we have
made some progress with the property owners off of Waltman to give us an emergency
Meridian City Council
January 3, 2006
Page 190f47
lane, so we have a lot of access onto Linder and Linder is the only way people can get
out and that has been a concern of former Councils and it continues to be a concern. If
you look at that area around it, it's all one acre lots to the south. I don't know how those
will redevelop, but certainly until Linder has a few more options to get traffic circulating
in there, it is quite a challenge. Any further comments before we close the Public
Hearing? I would consider a motion, then. Mrs. Donnell, do you want to close the
Public Hearing?
Donnell: Yes, indeed, I would. I'd like to make a motion to close the Public Hearing.
Bird: Which ones? Ten, 11 and 12?
Donnell: Yes. Item No.1 0, Item No. 11, and Item No. 12.
De Weerd: Okay. Do I have a second?
Bird: I will second it.
De Weerd: Motion is to close the public hearings on Items 10, 11, and 12. All those in
favor say aye. All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
De Weerd: Okay.
Donnell: And Madam Mayor?
De Weerd: Yes, Mrs. Donnell.
Donnell: I would like to make a motion that we approve Banff Subdivision, which would
be Items No. 13, 14 and 15. And to require consideration for a change in -- or some
requirement by the developer to put into place a requirement to the homeowners
association that knowledge to anybody who purchases that land -- am I going to go
anywhere? It's a good thing this is my last night. That anyone who purchases will be
informed that that road at some point may be closed and they would have access out on
Waltman Lane.
Bird: Madam Mayor?
De Weerd: Yes, Mr. Bird. I would need a second before we have discussion.
Bird: Oh. I don't want to second all three of them. Can we -- I think we need to do
them one at a time.
Donnell: Do one at a time?
Meridian City Council
January 3, 2006
Page 20 of 47
De Weerd: Would the motion maker consider just limiting it to --
Nary: Madam Mayor?
De Weerd: Yes, Mr. Nary.
Nary: Madam Mayor, just to assist Councilmember Donnell, 13, 14 and 15 are the
findings for denial.
Donnell: Yes. Thank you very much.
Nary: So, you don't have Findings for approval in front of you. So, if that's your -- if you
want to approve the project, your only motion would be to bring Findings back for
approval, because it was denied at the Planning and Zoning level and denied by you.
So, that's the only Findings you have currently. So, we would just need particular
direction, if that's the Council's desire, to approve it as to what the basis for that is and,
then, we will prepare Findings based on that.
Donnell: At least this Council person's request is that I would make a motion on No.1 0
on the annexation, that we would -- since that -- okay. I'm sorry, Mr. Nary. If this was
an approval to deny, we are rescinding the denial?
Nary: Madam Mayor, Councilmember Donnell, we are taking 10, 11 and 12. If the
Council's desire is to move to approve for annexation or change the plat or change the
CUP requirements, we can do all that. If that's -- once those are done --
Donnell: In one motion?
Nary: We can do it in one or more. I mean it depends on what you'd like to do. Once
those are accomplished, then, the denial is now mute, all we would do is move to
rescind 13, 14 and 15.
Donnell: Thank you very much.
Nary: So, we will get to those. But you can do just the annexation or the whole thing,
however you want to do it.
Donnell: All right.
De Weerd: It has been suggested by another Council member to do it -- Item 10 alone.
Bird: One at a time, please.
De Weerd: Just to clarify that.
Donnell: Thank you very much. Madam Mayor?
Meridian City Council
January 3, 2006
Page 21 of 47
De Weerd: Mrs. Donnell.
Donnell: Let's start again. I'd like to make a motion that we approve Item No.10,
request for annexation for Banff Subdivision, requiring that -- do I have to add the --
Nary: Direct staff to prepare Findings of approval.
Donnell: Thank you.
Bird: Findings of Fact and Conclusions of Law and Decision of Order.
Donnell: Thank you.
Bird: I would second it.
De Weerd: Okay. So, the motion is to approve Item No.1 0 and, Mr. Nary, if Mrs.
Donnell had wanted to add the additional condition about the closing of Linder, would
that not be appropriate in the annexation?
Nary: It would be appropriate while -- the problem is Mr. McKinnon recommended on
the plat, but the county engineer probably won't accept a plat note like that, so we
probably can't put it on the plat. So, we could only maybe do it in a development
agreement. That might be the only mechanism we may have at annexation is to make
note of that, that at some point in the future that's going to occur and that would be in
the Findings. That could be in the findings for annexation. I don't know -- I guess a
development agreement wasn't recommended, unless Mrs. Canning has a different
preference. We could put that in the Findings for annexation.
Bird: Would you -- a development agreement?
Donnell: Yes. And that we would include a development agreement in that motion.
Bird: I would second that.
De Weerd: And that development agreement would address the closing of Linder?
Donnell: Of Linder Road.
De Weerd: Okay. Is that enough clarification for Council? Okay. I hope you all
understand this motion. Mr. Berg.
Rountree: Discussion?
De Weerd: Any discussion? I'm sorry.
Meridian City Council
January 3, 2006
Page 22 of 47
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I was absent at the last hearing on this, but having heard this evening and
read the record, I don't see substantive change in this application from previous
applications, so I probably will not be supporting the motion and for our future
Councilman's knowledge, this won't be the last time he hears this from me, is that I'm
not in this big of hurry to annex property into the City of Meridian and annex future
problems. So, that's been my position and that will continue to be my position. Until
these things are clear and clean, Meridian has the option of not annexing or annexing at
this point and once a property is annexed, our ability to deal with future problems are
limited.
De Weerd: Thank you, Mr. Rountree. Any other comments? Discussion? Okay. Mr.
Berg, will you, please, call roll.
Roll-Call: Bird, nay; Rountree, nay; Wardle, nay; Donnell, yea.
MOTION FAILED: ONE AYES. THREE NAYS.
Donnell: You didn't even have to break a tie.
De Weerd: I still feel absolute, then. Okay. The motion on Item 10 has failed. Do I
have another motion?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move that we deny PP -- oh, well, we don't even need to do that.
Nary: Madam Mayor?
De Weerd: Mr. Nary.
Nary: What you can do in one motion, if you wish, Council, is you can move to deny
Items 11 and 12 and, then, subsequently, move to approve Items 13, 14 and 15. You
already have the Findings for denial of this project in front of you. So, you can do that
by a motion on 11 and 12 and, then, approve 13, 14 and 15 and you don't have to see
this again.
Bird: Madam Mayor?
Canning: Ten, 11 and 12.
Meridian City Council
January 3, 2006
Page 23 of 47
De Weerd: I'm sorry, just a minute, Mr. Bird. So, on Item 10 that motion failed. We do
not need a new motion?
Nary: I'm sorry. You're correct, Madam Mayor. You would still need a motion to deny.
You don't have to ask for Findings. You're right. I'm sorry. That would -- you can do all
of them together, 10, 11 and 12, and, then, you can approve the Findings that are in
front of you for denial that are 13, 14 and 15.
De Weerd: Okay. Thank you.
Nary: So, thank you for clarifying that.
Rountree: In one motion?
Bird: I'm not doing it in one motion.
Donnell: I'm not.
De Weerd: Okay. I would entertain a motion on Item 10 or Items 10 through 12,
whatever your preference would be.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we approve the denial of AZ 05-033, Banff Subdivision.
Rountree: Second.
De Weerd: Okay. The motion is to deny Item No. 10. Is there any discussion? Mr.
Berg, will you call roll.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, nay.
MOTION CARRIED: THREE AYES. ONE NAY.
De Weerd: Okay. Thank you. Item 11.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we approve denial of PP 05-032, Banff Subdivision.
Rountree: Second.
Meridian City Council
January 3, 2006
Page 24 of 47
De Weerd: Okay. The motion is to deny Item 11. If there is no further discussion, Mr.
Berg, will you call roll.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, nay.
MOTION CARRIED: THREE AYES. ONE NAY.
De Weerd: Okay. Item 12.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move that we -- we deny CUP 05-036 for Banff Subdivision.
Rountree: Second.
De Weerd: Okay. Motion to deny Item 12. Mr. Berg, will you, please, call roll.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, nay.
MOTION CARRIED: THREE AYES. ONE NAY.
De Weerd: Thank you. Okay. In front of you now are the Findings of Facts and
Conclusions of Law for the denials of AZ 05-033, PP 05-032, and CUP 05-036.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I'd move we approve the Findings of Facts and Conclusions of Law for denial for
AZ 05-033.
Rountree: Second.
De Weerd: Okay. The motion is to approve the Findings of Fact on Item 13. If there is
no discussion, Mr. Berg?
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, nay.
MOTION CARRIED: THREE AYES. ONE NAY.
De Weerd: Okay. Item 14.
Bird: Madam Mayor?
Meridian City Council
January 3, 2006
Page 25 of 47
De Weerd: Mr. Bird.
Bird: I move we approve the Findings of Facts and Conclusions of Law for denial on PP
05-032.
Rountree: Second.
De Weerd: Okay. Motion to deny -- or approve the Findings on Item 14. Sorry. Mr.
Berg.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, nay.
MOTION CARRIED: THREE AYES. ONE NAY.
De Weerd: Okay. Mr. Bird, Item 15.
Bird: Madam Mayor, I move that we approve the Findings of Facts and Conclusions of
Law of denial of CUP 05-036, Banff Subdivision.
Rountree: Second.
De Weerd: Okay. Motion is to approve the denial. Mr. Berg.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, nay.
MOTION CARRIED: THREE AYES. ONE NAY.
Item 16:
Item 17:
Item 18:
Item 19:
Public Hearing: AZ 05-038 Request for Annexation and Zoning of 38.5
acres from RUT to R-8 zone for Irvine Subdivision by Dyver
Development, LLC - southeast corner of N. Ten Mile Road and Chinden
Boulevard:
Public Hearing: PP 05-037 Request for Preliminary Plat approval of 200
building lots and 21 common lots on 38.5 acres in a proposed R-8 zone
for Irvine Subdivision by Dyver Development, LLC - southeast corner of
N. Ten Mile Road and Chinden Boulevard:
Public Hearing: CUP 05-039 Request for Conditional Use Permit for a
Planned Development for single family detached residential units and
single family attached residential units in a proposed R-8 zone for Irvine
Subdivision by Dyver Development, LLC - southeast corner of N. Ten
Mile Road and Chinden Boulevard:
Tabled from December 6, 2005: Findings of Fact and Conclusions of
Law for Denial: AZ 05-038 Request for Annexation and Zoning of 38.5
acres from RUT to R-8 zone for Irvine Subdivision by Dyver
Meridian City Council
January 3, 2006
Page 26 of 47
Development, LLC - southeast corner of N. Ten Mile Road and Chinden
Boulevard:
Item 20:
Tabled from December 6, 2005: Findings of Fact and Conclusions of
Law for Denial: PP 05-037 Request for Preliminary Plat approval of 200
building lots and 21 common lots on 38.5 acres in a proposed R-8 zone
for Irvine Subdivision by Dyver Development, LLC - southeast corner of
N. Ten Mile Road and Chinden Boulevard:
Item 21:
Tabled from December 6, 2005: Findings of Fact and Conclusions of
Law for Denial: CUP 05-039 Request for Conditional Use Permit for a
Planned Development for single family detached residential units and
single family attached residential units in a proposed R-8 zone for Irvine
Subdivision by Dyver Development, LLC - southeast corner of N. Ten
Mile Road and Chinden Boulevard:
De Weerd: Thank you. Okay. Items 16, 17, and 18 are public hearings on AZ 05-038 -
Rountree: Madam Mayor?
De Weerd: Yes. I'm sorry. I will recuse you.
Rountree: I need to be recused.
De Weerd: Recuse and reclused, and excused.
Rountree: Excused.
De Weerd: Okay. I will open the public hearings on Items 16 through 18, AZ 05-038,
PP 05-037, and CUP 05-039. We will open with staff comments.
Canning: Madam Mayor, again, I will try and go through this quickly, Madam Mayor and
Members of the Council. Excuse me. This is Irvine Subdivision. It's on the southeast
corner of Ten Mile and Chinden. They are proposing annexation and zoning,
preliminary plat, and conditional use permit. Boy, those blue lines don't read very well,
do they? One of the things I wanted to provide you tonight is a little better idea of the
plat activity that has gone on in this general area. I think that this is the vicinity map you
have seen before and although it shows development here, it looks as if there is not
much going on in the -- to the west and north, but I did want to point out this is
Bainbridge Subdivision. You can see it here in the blue. At the intersection this
property was left out of the subdivision, although we do anticipate that that will come in
fairly shortly. They were waiting for the North Meridian Comprehensive Plan, so that
they could bring in some more commercial uses on that property. You will soon see an
annexation request and conceptual plan for the property on the north side of Chinden.
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You can see the final -- the lots that have been final platted are in red here, so you see
Silverleaf, you see Lochsa, Verona and this is -- Hero Park is the large un-platted -- or
large property there. And, then, here is where the Volterra Subdivision that was
recently before you. So, to the north there is golf course development, Spur Wing, and
we have been talking to them. They are looking to do some additional development
here. So, I just wanted to point out that there was a comment made about this rural
area and I did want to point out that there have been a lot -- there has been a lot of
development approved for this general vicinity. The applicant is requesting a mix -- I'm
going to go to the color one -- mix of units. Basically, on the perimeter he's proposed
single family lots. That would be 97 single family detached lots and, then, there are 41
single family attached lots. Those are -- face these common areas. And, then, there
are 62 detached alley lots. So, those would be in these locations and, then, down here
off the alleys. And, then, there are 21 other common lots on 38.5 acres. The planned
development request includes reductions to the minimum lot size, minimum street
frontage, side setback, front setback, and maximum block length of the R-8 zone. The
amenities included a pathway, swimming pool, clubhouse area and, then, quite a bit of
usable open space that's central to the project. The gross residential density is 5.19
dwelling units per acre. They have provided some elevations. These elevations are for
the lots that face the common open space. They are, basically, a townhouse that's
made to look like a single house. You will see the four separate entrances that would
go to the common open space. Here is another elevation. So, again, those would be
facing this large common open space here and, then, the smaller common open space
here. And these gray areas are designated parking areas for those townhouse lots.
There was a suggestion by staff that a development agreement would be appropriate
and that would have the -- some design guidelines, basically, for the non-residential
buildings, including the community center and the clubhouse, tying the applicant to the
architectural renderings for the attached buildings that I just showed to you, and, then,
entering in an agreement with ITD regarding construction of the pathway along
Chinden. The Planning and Zoning Commission has recommended approval of this
project at their October 20th, 2005, hearing. Key issues of discussions were fencing
adjacent to open spaces, highways, streets, micro-paths, and canals. The future design
and layout of Chinden Boulevard and the landscape buffer adjoining that. The -- how
the project would receive sewer from Silverleaf, instead of waiting for a future trunk line.
And, then, designing the subdivision in relation to Chinden Boulevard, the traffic, and
the upcoming roadway projects in this area. At the previous hearing I did want to
remind you -- I went through the minutes, there was discussion about -- and testimony
from Mr. Stevenson and the applicant had committed at the last hearing to extending
this stub street to the property, so it could be redeveloped in the future and, then, there
would be a sewer and water stub in that street connection. Almost blinded a young
child with my laser pointer there. Sorry. And with that I will end staff's presentation.
De Weerd: Okay. Thank you. Any questions for staff?
Bird: Not at this time, Mayor.
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De Weerd: Anna, have you talked with SSC? I guess there is an issue with one of
these alley loaded --
Canning: Madam Mayor, I talked with SSC recently about alleys. They are having
difficulty on the 12 foot alleys similar to this one. That's true. And what they need is a
28 inside turning radius and a 48 outside turning radius. So, we may have to work the
applicant on these two lots. This issue came up after the last hearing. These would be
-- I think he's proposing 20-foot paved, actually, instead of -- the problem where they are
having them is the 12-foot alleys. So, these -- these are significantly wider. These are
20 foot alleys. Paved 20 feet.
De Weerd: Okay. Thank you. So, you anticipated what my question was. Thank you.
Okay. Is the applicant here? If you will, please, state your name and address for the
record.
Amar: Yes, I will. My name is Kevin Amar. My address is 2364 South Titanium in
Meridian. I appreciate your time this evening and your consideration on this project. At
the previous hearing for this project my comments were brief and I'm going to try to
lengthen those for this hearing and give a better description of this project and I will play
off of also what Anna has said about this area and about the future growth for this area.
So, as we look at the Comprehensive Plan, which I understand is also going through a
change. There is a new proposed North Meridian Comprehensive Plan that has
actually been recommended for approval by the Planning and Zoning Commission and
will be before you shortly. So, as we look at the Comprehensive Plan, this whole north
Meridian area is dynamic and I understand that. It is changing. It is going and using the
major transportation corridors that are going to be there or are there, that being
McDermott, Ten Mile, and Chinden or Highway 20-26. All of that comes into play. So,
as we look at the Comprehensive Plan and the goals -- and I will go over this to explain
to you how we got to where we are today. The purpose of the Comprehensive Plan --
and this is in Objective D where it says encourage compatible uses to minimize
conflicts, it actually calls it -- it says in number seven: Develop incentives for high
density development along major transportation corridors to support transportation
system. This is along a highway -- this is along a major transportation corridor. Or,
actually, two of them. And although we are not proposing a high density development,
we are proposing a medium density development; this is one of the factors that was
created as we worked with staff to get to where we are today. In this particular project,
like most of our projects, we have no issues with the staff report and we have worked
really hard from the beginning with Anna and with all parties involved to have a project
that when we get to you there is no outstanding issues, other than ones that we may be
discussing this evening. Also, on the residential portion of the Comprehensive Plan, it's
to provide a variety of housing types, and under the medium density, which this is under
medium density designation under the new North Meridian Plan, is to allow smaller lots
for residential purposes within city limits. Now, one of the problems I think with this
project we talked about rural area and I have lived in Meridian for years this is certainly
in my mind still should be rural. I mean I hunted pheasants out here as a kid, I did all
sort of -- there was nothing out here. This is where we went out and -- maybe I
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shouldn't say this on the public record and I apologize in advance, but this is where we
went out and raced cars as kids and did all sorts of stuff that I'm sure that the police
officers are going to talk to me about afterwards and I will hear about it. But this is an
area that is changing. It is an area that is not rural. In fact, most of the Treasure Valley
anymore has -- it's urban and it's becoming more and more urban. And as we look at
this site particularly, we have Chinden, we have Ten Mile, two miles down, obviously,
we have McDermott, which is a major north-south corridor. We have got a large area
here that will be proposed or will be commercial down at the corner, which is a mile
away. We have got another three -- four corners, actually, that are going to have a
majority of commercial. And, then, at the corner of Linder and Chinden also there is
three of the four corners there that are proposed for commercial and two of them are
actually big box commercial. So, the demand in this area and the nature of this area is
no longer rural. My point is, to get to that, what we are proposing -- although we have
small lot sizes, we are not looking at a development that that triggers in a lot of people's
minds. The style of home in this area -- Anna, could you go to the color map? I'm going
to hand out three different -- I, actually, have some more pictures and you can pass
them down. So, this first set of pictures is the lots on the perimeter, as well as this block
on the interior there, the standard single family detached house with a front load garage,
trying or maintaining compatibility with all of the surrounding neighbors. We have spoke
with Mike Meyers on numerous occasions and he is -- he is acceptable to our proposal
and has no issues with it whatsoever. His only concern was fencing, which we have
agreed to and we are putting up a vinyl fence at his request along our entire eastern
boundary. In fact, the entire boundary will have a vinyl fence. So, that is --
De Weerd: Excuse me, Kevin. I will ask that staff put this up, so --
Amar: Sure.
De Weerd: -- people in the audience can see what you're talking about.
Amar: I'll go through this -- actually, three more times, as we will break down each
different area. So, that is the perimeter and that's the 97 lots that we spoke about. All
single family detached homes. The next group of homes that I will hand out -- these
next group of homes --
De Weerd: Okay. Perhaps we can quickly show your first group of homes and as you
go into your second group of homes we will just have Anna put them up.
Amar: So, this first picture that's up is in the wrong group. It's, actually, part of the
second group of homes, but -- okay. So, here you can see some single family detached
homes. There is an area for a three car garage and we have designed some lots for
that, as well as two car garages. In no case are we asking for any reduction to the
building -- building styles or the requirements. Again, some more examples with
different architectural relief. And these are -- I intentionally tried to take pictures of new
homes. So, we would look at what they would look like immediately, not in five years or
ten years, because the landscaping gets bigger in five or ten years and everything looks
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better with big trees. So, what we have is what we are proposing and, in fact, will be
building for this project.
De Weerd: Okay. So, this is the second group here, Kevin?
Amar: Correct. So, the second group of homes we can talk -- and it will encourage a
lot of the front porches that you see here. This one, in particular, does not, but we
encourage front porches that will be street side facing. There are no garages on the
street side. These are all the alley-loaded lots. Again, you can see some front porches
and a variety of housing types and styles. All being compatible and consistent with
what -- so, here is a picture of the streetscape as you look down at a very clean, crisp
look. They also include in the detached or what I call the village portion of the
subdivision, a planter strip and a detached sidewalk for that with trees and an upgraded
look for that. And, Anna, if you want to go back to the map, I can point out to where that
would be in this project. So, those -- the style that we just looked at would be in this
block. These three blocks. This block, this block, and that block. So, all of them that
are not fronting on common area. So, the portion that is fronting on common area I
think is where we really deviate from what I call the norm in Meridian. We have seen a
lot of the single family detached and we have seen the alley-loaded lots, but we are
trying to do something a little different and this is where I look for discussion from
Council as to what their thoughts are maybe this is where the hang up is. Obviously,
our ultimate goal is to provide something that will be attractive for the city and you folks
get to make that decision. So, this third style of home -- these are -- these are color
renderings of some of the pictures that you saw before, so it gives a little different
perspective. This is one of them. As you can see, it has four separate entrances. They
are all -- they are all single family homes. They all can be bought and sold individually
and all of them will have garages, again, on the back side, so there is not a -- the
parking is not a problem. Each of them will have the parking. Again, another option
with the variation in color and building materials. You can see siding on a portion of it
and brick on another portion. And, then, again, a third option. And these are
conceptual plans of what we plan on seeing in that area. There may be a slight
variation in the actual construction, but as part of the development agreement we are to
build what we are showing you or similar to what we are showing you. This last group
actually shows a project in Eagle where the homes face onto common lots. So, all the
access is off the alley. But as you look at it -- I think the next one probably shows a
better perspective, Anna. So, as you look at it, this is all common area and the homes -
- the homes front onto that. And that's what we anticipate for the interior most section of
the project. We want that look where you have got big yards, although it will be
maintained and owned by the homeowners association. Again, another perspective
within the -- for the MEW -- I think Anna's calling them the MEW lots. If we can go back
to the map again. And I can also go over some of the architectural guidelines that we
have. Oh. So, the map -- the last one she's putting up is, actually, the clubhouse or a
typical clubhouse rendering. As you can see, it looks more like a home than a
clubhouse. And that will actually be built in the first phase of development so there is
not people waiting and hoping and -- hoping that the developer will do or won't do what
he says he is. And it's not just a bathroom for the pool, it will actually be a clubhouse
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January 3, 2006
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with a gathering area and a conference area and a variety of things. So, this
development is certainly more of an upscale development than what, typically, this
density might be thought of. So, if we can go back now -- sorry. Thanks, Anna. So, as
we look at that, that last -- obviously, the clubhouse is in this area and it's got ample
parking with this. That last group of homes would be this area surrounding the
clubhouse and also this area in here. And the draw for that is, again, the larger
common space, people that still want to live next to a large area, yet don't want to
maintain a yard. So, it has a variety of housing types and housing styles. The
architectural requirements are something that is always a concern. So, on all the
homes that will be built in here, as I said, the clubhouse and the pool will be built with
the first phase. It's not going to be a later thing. So, your amenities are going to be
there instantly and won't need to be waited on. All of the front house lights for each unit
will be controlled by a photo cell, so it's a bright feel, more of a neighborhood feel than
dark alleys with just lights on the -- on the streetlights. The upgraded roofing material
with the architectural composition shingles. Roof pitches are to be a minimum of a 6-12
pitch, so it feels a little bigger. And, then, we have got -- the homes actually need to be
constructed with masonite and no vinyl siding will be allowed and they will be able to
use stucco and brick and rock and cultured stone and things of that nature. So,
everything in here is getting bigger and better and that's what people are going to
demand. And, then, of course, the landscaping will be required at the time the home is
constructed for the front yard and in a single family detached the yard can be done
within six months, as well as all detached homes, I guess, but the attached housing will
all be required to be completed -- the landscaping will all be required to be completed at
the time the home is built and prior to occupancy. Obviously, during weather months it
will adjust a little bit. So, when we went to Planning and Zoning Commission, a lot of
these things were thought about and addressed and I'd like to read some of the
comments from the Planning and Zoning Commissioners. Mrs. Newton-Huckabay said
her only comment would be that -- and I'll quote. Quote: I really like the look of this
project and I like the diversity of this project. We don't have enough of this I don't think.
Commissioner Zaremba said: It appears to me to be an answer to the things we have
asked for. Again, Mrs. Newton-Huckabay said: And I think given the commercial
development, we are going to see Chinden -- on Chinden over the next few years will
be a compliment to that. Borup addressed probably one of the most interesting items in
my mind and that was that -- he says this is fairly dense and I would have some
hesitation, other than the location. It's on Highway -- it's on -- he says it's on Highway
44 and Ten Mile. I think he meant 20-26. With freeway access. So, it's going to be a
busy intersection and is probably appropriate design for that location. Zaremba being
the last: Considering Chinden to be a major transportation corridor and some day if we
ever have public transportation, it would be a good location. So, all of this was
considered. I don't want this project to be held up because of the bad notion that
density might give and that is what we have here. It's a well thought out project that will
provide the city something it does not have, it will provide at a location that it doesn't
have -- I'm sorry. It will provide this at a location that is appropriate for this type of
density, especially with all the commercial going on and the Spur Wing Subdivision,
that's, actually, going to be town-homes that are being proposed. That's at the Spur
Wing golf course. We have got a mixed use development that's coming in further to the
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January 3, 2006
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north and commercial. So, in this general mile you have got -- you have got a real
dynamic area. So, what I would ask this evening is that this be approved -- at least
there be some discussion as to what we can look at or what we can do to obtain such
approval as we have -- ran out of time.
De Weerd: Yes, you did.
Amar: I would stand for any questions.
De Weerd: Council, any questions at this time?
Wardle: Madam Mayor?
De Weerd: Mr. Wardle.
Wardle: Mr. Amar, my comments, as I recall, from the last hearing were concerns with
density, housing type, and alley -- and the alley-loaded lots within the interior of the
subdivision. How do you intend to address those comments is really my only question
to you.
Amar: So, the first one -- I'll start with density. Density currently is at 5.19. A majority
of that is brought up probably from these attached units in the interior. We have got
other projects that are similar to the R-8 standard. These are in Boise. Similar to the R-
8 standard, where we can achieve the same density or very nearly the same density
with all detached homes. Now, with this project in particular it came in under the older
subdivision guidelines. So, a lot of this -- if we met the current R-8 standards,
obviously, we would be reducing this area, simply because the current R-8 standards
still do not allow the attached housing. But we can adjust the other lots to maintain the
same feel and the same style, reduce some of the lots, but still provide -- provide the
general look that we want and the general look that is going to provide the subdivision,
that upscale feel. Your next question was with respect to alleys, I believe. I think I'm
going to leave one out, so remind me what your third question was. So, the next
question was with respect to alleys. In this block these alleys will, actually, be 20 feet
wide and paved. So, the entire width is paved. We will meet all the requirements by
both the fire department, as well as Sanitary Services, to provide access to all those
lots. So, the access to that is appropriate. With this area these are not -- these will,
actually, be 24 feet wide and that is per Mr. Silva's request. I believe he's here, so he
can address that. In order to provide access to all of those. Now, these also have --
when I say these, the area that has interior alleys and that's their access for the lots,
also have additional parking. So, we feel that we have addressed that with the
provision of 24 feet wide as per the fire department's requirements, as well as the
addition of parking spaces. If there is something else that we have failed to see or
some other concerns that you have, we would be happy to address those at this time.
De Weerd: Okay.
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January 3, 2006
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Canning: Madam Mayor?
Amar: There was a third question.
Wardle: My third one was in relation to -- and I think something that Mr. Bird and I
agreed upon and that was the specific lot sizes and you addressed a little bit in the
potential redesign, but --
Amar: To be honest with you, at the last hearing when we had discussion on this, it was
a question in my mind in what Council was really looking for. So, if I can get direction
on specific lot size, I can meet that. We can do -- we can go back and redesign to the
R-8 standard currently. It's in Meridian standard, which is a 50-foot minimum for single
family detached and 40-foot minimum with 4,000 square feet for alley-loaded lots. So,
all of that can be addressed if I -- I guess I'm asking for some direction on what you're
looking for and would be more than happy to answer those questions. In fact, I have
got a layout tonight of the R-8 standard, if you will, with this same -- with this same
general layout, if you'd like to look at that.
Wardle: I would -- Madam Mayor, I would like to see it. I don't know about the rest of
the Council.
Donnell: Uh-huh.
Amar: So, in this first -- in this layout that we are looking at, this maintains the same
road layout as you saw in the previous application. What it does is it takes all the lots to
the current R-8 standard, so -- but it also keeps the lots that are alley fronted, if you will.
Still with open space and frontage on the landscaping and that was based on
information we received from this property in Eagle. That was a pretty desirable
location with open space in the front yard that they don't necessarily have to maintain.
So, all of these lots on the interior are a minimum of 4,000 square feet, with 40-foot
frontage. All the lots on the exterior, again, are similar to what you saw before, but they
meet the current R-8 standard. So, in doing that -- in redesigning it in such a fashion,
there are 185 build-able lots or -- give you the density. 4.8 units to the acre, in
comparison to 200 building lots at 5.2 units to the acre. And that would -- that would, I
think, answer some of the questions about how -- the lot sizes and style. It would not --
it would not adversely affect the look for the project, as we can still do the same type of
amenities, we would still make the same requirements, the only difference is is the
attached units would be eliminated in favor or detached alley-loaded product. And I
guess I'd ask you the question, is that something that is more palatable to what you're
looking for?
Wardle: Madam Mayor?
De Weerd: Yes, Mr. Wardle.
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January 3, 2006
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Wardle: Certainly I think that it addresses some of my comments and I will let the other
Council people speak for themselves, but it addresses my concern of, really, essentially,
lot size, layout, street frontage and the -- in my mind, what was being asked for was
really over and above what I thought was a variation on the R-8 zone. It was certainly a
change from that perspective.
Amar: And certainly it was not our intent to go over and above. We were just providing
a variety of lot styles or home styles and this one that we were providing was -- the
attached housing was not one that we had seen in Meridian and we thought would be
appropriate, but maybe at a later date.
De Weerd: Any further questions --
Bird: I have none.
De Weerd: -- for the applicant? I guess we have a number of key issues that seem to
continue to remain open as far as fencing, sewering of the project, that -- I believe that
this is slated for a future trunk line and it's requested to go to Silverleaf, instead of
waiting for that future project. So, those would -- all the items -- also you mentioned
dynamic. Certainly transportation issues are dynamic and as all of this area from Boise
to Caldwell opens up, the Chinden corridor becomes extremely important and critical to
the valley and moving traffic. Right of way considerations for ITD is certainly an issue,
making sure that we do it right, that we have sufficient right of way and I know up and
down -- in particular on the Canyon county side, right of way is being required.
Donated. So, I know that as we look at the corridor of 1-84 with GARVEE and the
improvements needed, we need to look at accelerating the improvements on 20-26 and
the only way ITD will consider doing that is to get some public-private partnerships
going to enable them to show that this can be done. So, if Council is considering
looking at what you have brought in front and remanding it back to Planning and Zoning,
I would like some of those items considered by your team and how you would respond
to those.
Amar: If I might respond to those -- some of those now.
De Weerd: Sure.
Amar: We can look at this project -- and I'll start with the sewer first. When the lift
station was put in for Silverleaf, it was required to be built at a sufficient size to
accommodate this project, as well as the next door neighbor. So, it was planned that
this 40 acres, as well as the eight acres, drain to the Silverleaf lift station. Eventually,
that, obviously, will be taken off line and go further north on the Black Cat trunk line.
But for immediate planning and purposes, when Silverleaf was put in it was -- it was put
in to accommodate this project also. So, this is following what we have worked with the
Public Works Department as normal development and proper planning. We are not
trying to jump ahead. This is simply completing the planning through Public Works.
There was discussion at the last one with a -- with this out parcel of Mr. Stevenson and
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January 3, 2006
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as you see with this design, we have redesigned it to provide him access, as well as
sewer and water to his parcel, and we can also work with irrigation to that parcel. So,
that was accommodated with respect to fencing the entire project, the entire boundary
of the project will be fenced with a six-foot vinyl fence. This portion is actually fenced
currently, but our new fencing will be fenced with a six foot vinyl fence. Interior, as such
these lots lines, side lot lines, again, will be six foot stepping down to three foot where
appropriate for sight distance and sight triangles. Adjacent to any common area, should
their remain any lots adjacent to common area, that fencing would be -- if it's a front
yard, there would actually be no fencing allowed or if it's a side yard it, again, will be six
foot stepped down to three feet. On the -- on the portion of the property that is adjacent
to Highway 20-26 -- and we have had conversation with Sue Sullivan. This is the last
piece of property -- or the last major piece of property in the mile from Ten Mile to Linder
to come in. So, we have worked with her to provide additional right of way above and
beyond what has been typically required for other developers along here, along this
stretch. So, it goes from 70 feet down to 90 feet. Now, this last 90 feet stretches a
length of 500 feet and that's to accommodate the future growth, accommodate the turn
bays and the additional width that ITD would need in order to provide that growth. So,
we have worked and have actually redesigned from our initial layout that -- that growth.
And, then, there will be -- or, I'm sorry, that right of way setback. And, then, along this
boundary there is going to be a berm. We did a noise study that suggests that needs to
be -- between the berm and the fence it needs to be a minimum of ten feet high above
the center line of Highway 20-26 for a ten decibel -- minimum of a ten decibel reduction
with the -- with the berm and with the fence we actually get a 22 decibel reduction from
the noise and the traffic from Chinden. And, again, that's ten feet from the center line of
Chinden. So, this berm and fence actually ends up being 13 to 14 feet tall. So, it is a
significant -- significant berm and a significant advantage to those -- to those residents
that will live there. So, with this -- and I understand that Chinden is high impact and I
understand that Ten Mile, especially with the new interchange going in, will be high
impact. But this will provide the -- and we have worked with ITO for this high position,
but this will provide the land for the future improvements when they are made by the
appropriate agencies. Hopefully, that answers some of the questions as far as what we
have looked at what we are planning for.
De Weerd: I guess I would like to see it as it -- if Council does remand this back, that
the appropriate agencies would respond and we know we are on the same sheet of
music and to know what the intent of that right of way is.
Amar: Yeah. If you recall at the previous Public Hearing, Sue Sullivan was actually
here and talked about their ultimate width is 100 feet, but because this section is
developed or mostly developed with this requirement, it would give them the area that
they need to -- to complete their improvements.
De Weerd: I do know that it's become a high priority and that it is being looked at very
seriously by all of the roads and planning agencies and Canyon County and we are
trying to respond accordingly as well.
Meridian City Council
January 3. 2006
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Amar: I agree. And I understand that and we are trying to accommodate it. If we can
do better, please, let us know.
De Weerd: Anything further?
Bird: I have none.
De Weerd: Okay.
Amar: Thank you.
De Weerd: Thank you.
Wardle: Madam Mayor?
De Weerd: Mr. Wardle.
Wardle: If there is nothing further --
De Weerd: Is there any further testimony in the audience? Okay. If you will, please,
state your name and address.
Stevenson: Jerry Stevenson, 6040 North Ten Mile Road, Meridian.
De Weerd: Okay. Thank you.
Stevenson: Okay. Mayor Tammy de Weerd, fellow Councilmembers, I'm in the little
quadrant there on the left-hand side and, you know, my concerns are that we still raise
sheep there as far as -- my concerns are, first of all, is the fencing around there that's
going to be there to try to protect the kids from getting into, you know, our livestock and
way of life. Also, my concern is, too, is with the internet, with my present job I'm
required to do online demonstrations over the internet and the only access I have -- I
don't have any cable or DSL available in that particular area -- is through a satellite,
which is an antenna, not up in the sky, a satellite up there, but all those houses along
Ten Mile would basically be blocking the reception that I would have that and so
accommodations would have to be made there. Also, basically, the fence did -- you
know, he did come back after the last meeting after my comments and put up a fence
there, but I also want to point out a couple things, too, as far as Silverleaf development,
which is south of there -- and Kevin did comment about the -- there is a fence on the
south side of this current one, that's supposed to be a vinyl fence and I, basically,
watched some short -- what I would consider shortcuts, because that's supposed to be
vinyl, that's all wooden fence. And, then, also along the other -- the side of Silverleaf it's
only about three -- a little over three foot fence and that's supposed to be five foot, too.
The site plans around here on my particular property calls for a five foot fence and I
keep hearing six foot fence. So, I think that as far as some of the site plans have been
presented are not all that -- as far as clear, leave a lot of judgment as far as what's
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January 3, 2006
Page 37 of 47
really going to be put in there and so those are the issues I have. And, then, you know,
living there with the density of the homes, one of my biggest, I guess, frustrations -- and
this may be a personal thing, but if you go back to look at the elevations of those
homes, my house is only a one story home and I'm just going to be -- take a look at
those. R-8, you only have eight feet from the foundation to foundation and, then, if you
take the eaves, it's basically -- you know, you may as well attach them. So, all the
views that I have will, basically, be cut down. And there has been no type of, you know,
cooperation, as far as trying to acknowledge and cut down maybe on some height
requirements. I think that's because of the size of the lots are cut down so small on this
particular development that we are going to -- that's all that's going to be left there is tall
homes to be build there. And so, currently, with the zoning -- you know, I mean I
wouldn't mind seeing more of an R-4 type sizing in there, but when it gets to the R-8 it
just increases the density that much more, which affects me and I'm just going to leave
it at that. I'm against it, this whole proposal. I could go on and on about little things, but
those are my concerns at this particular point.
De Weerd: Thank you. Great timing. Any questions by Council?
Bird: I have got one question. What is the zoning of Silverleaf?
Stevenson: R-4.
Bird: That's what I thought. Okay. Thank you.
De Weerd: Okay. Thank you. Is there any further testimony? Would you like a quick
rebuttal or response?
Amar: Thank you, Madam Mayor. Again, with the fencing --
De Weerd: Just one more time for the record your name.
Amar: Kevin Amar, for the record.
De Weerd: Thank you.
Amar: With respect to the fencing, I know the site plan calls for a perimeter fence at five
feet, but I -- we are changing that to six feet, because I don't like five feet. I think for the
extra foot it doesn't cost anymore or less and it's a better product. Also on the zoning,
the zoning for Bainbridge is R-8. The zoning for Silverleaf, as well as Lochsa, is both R-
4 with a PUD. So, if you actually look at it, it's an R-8 style project. Kelly Creek, which
is in that mile, is zoned R-8. Verona, which is in that mile, is zoned R-8. The majority of
the projects within that mile are R-8 or greater. There is actually a portion of Lochsa,
which is now Kelly Creek, that is for an apartment complex. So, this area -- this project
fits in the zoning, as with everything else in this square mile. It's not a deviation and it's
not a change, it's just a change in the way that we have approached it. And certainly
with the new design we can meet a straight R-8 subdivision without any -- we can
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January 3, 2006
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submit under the new rules and not have a problem whatsoever. So, I think that is
important to look at, that this is not -- this is not something greater or above and beyond
than what's out there, we are asking for something that is very compatible with the
surrounding area of this project and if there is any further questions --
Bird: I have none.
De Weerd: Okay. Thank you.
Amar: Thank you.
De Weerd: Okay. Council? Mr. Wardle.
Wardle: Madam Mayor, again, the applicant has addressed many of my comments.
However, I do feel that this is a substantial change to the former application, so I will ask
for other comments and, then, I will move to close the Public Hearing.
De Weerd: Okay. Any other comments?
Bird: I have none.
Wardle: Madam Mayor?
De Weerd: Mr. Wardle.
Wardle: I move that we close the public hearings on Items 16, 17 and 18.
Donnell: Second.
De Weerd: Okay. The motion is to close the public hearings on Items 16 through 18.
All those in favor say aye. All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
De Weerd: Okay. Is there any discussion or do I have a motion?
Wardle: Madam Mayor?
De Weerd: Mr. Wardle.
Wardle: I move that we remand Items 16, 17 and 18 to the Planning and Zoning
Commission for further change, pursuant to applicant's site plan presented this evening.
Donnell: Second.
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January 3, 2006
Page 39 of 47
De Weerd: Okay. The motion is to remand Items 16 through 18 to Planning and
Zoning. Is there any discussion? Okay. Hearing none, Mr. Berg, will you call roll.
Roll-Call: Bird, nay; Rountree, absent; Wardle, yea; Donnell, yea.
MOTION CARRIED: TWO AYES. ONE NAY. ONE ABSENT.
De Weerd: Thank you.
Wardle: Madam Mayor?
De Weerd: Yes.
Wardle: Just a point of clarification. Mr. Nary, do we need a motion to vacate Items 19
through 21?
Nary: Yes.
wardle: With that, Madam Mayor?
De Weerd: Yes, Mr. Wardle.
Wardle: I move that we vacate items Item 19, 20 and 21.
Donnell: Second.
De Weerd: Okay. The motion is to vacate Items 19 through 21.
discussion? Is a roll call necessary?
Is there any
Nary: For the record it would probably be better, Madam Mayor.
De Weerd: Okay. Mr. Berg.
Roll-Call: Bird, nay; Rountree, absent; Wardle, yea; Donnell, yea.
MOTION CARRIED: TWO AYES. ONE NAY. ONE ABSENT.
Item 22:
Ordinance No. 06-1209 : AZ 05-016 Request for Annexation
and Zoning of 28.65 acres from RUT to R-15 and L-O zones for Silver
Oaks Subdivision by Charter Builders, Inc. - north of West Franklin
Road and west of North Ten Mile Road:
Item 23:
Ordinance No. 06-1210 : AZ 05-043 Request for Annexation
and Zoning of 11.7 acres from RUT to R-4 zone for Sunstone
Subdivision by Benchmark Construction - 1155 and 1123 North Black
Cat Road:
Meridian City Council
January 3, 2006
Page 40 of 47
De Weerd: Thank you. Mr. Rountree is asked to come on in. Okay. Items 22 and 23
are ordinances 05-1209 --
Bird: I'm sorry. '06.
De Weerd: So, they are 06-1209?
Berg: Yes, Madam Mayor. It's a new year and so that's how we kind of help be able to
track them a little bit easier and I didn't catch Councilman Bird when he first started, so
I'm sorry. It's 06-1209. It's -- we continue the numbering system, but sometimes it's
easier to track the year when some of things are approved, especially if it's from the
building codes to even ordinances for annexation.
De Weerd: Okay. Thank you. Please read these two ordinances by title only.
Berg: Thank you, Madam Mayor, Members of the Council. Ordinance 06 dash -- I can
clear a house out pretty good, can't I? -- 1209, an ordinance for annexation of property
located on a portion of the west half of the southeast quarter and the east half of the
southwest quarter of Section 10, Township 3 North, Range 1 West, Boise Meridian, Ada
County, Idaho, as described in Attachment A and annexing certain lands and territory
situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of
the City of Meridian as requested by the City of Meridian, establishing and determining
the land use zoning classification of said lands from RUT to R-8 and L-O in the Meridian
City Code, providing that copies of this ordinance shall be filed with the Ada County
assessor, the Ada County recorder, and the Idaho State Tax Commission as required
by law and providing for a summary of the ordinance and providing for a waiver of the
reading of the rules and providing an effective date.
Berg: Ordinance 06-1210, an ordinance for annexation of property located in the
northeast quarter of Section 9, Township 3 North, Range 1 West, Boise Meridian, Ada
County, Idaho, as described in Attachment A and annexing certain lands and territory
situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of
the City of Meridian as requested by the City of Meridian, establishing and determining
the land use zoning classification of said lands from RUT to R-4 in the Meridian City
Code, providing that copies of the ordinance shall be filed with the Ada County
assessor, the Ada County recorder, and the Idaho State Tax Commission as required
by law and providing for a summary of the ordinance and providing for a waiver of the
reading of the rules and providing an effective date.
De Weerd: Thank you, Mr. Berg. You have heard these two ordinances read by title
only. Is there anyone who would like to hear them read in their entirety? Thank you for
not saying I do. Okay. Council, I would entertain a motion on Items 22 and 23.
Bird: Madam Mayor?
Meridian City Council
January 3, 2006
Page 41 of 47
Rountree: Madam Mayor?
Bird: Go ahead, Charlie.
De Weerd: Mr. Bird. Mr. Rountree.
Bird: Rountree.
Rountree: I move that we approve Ordinance No. 05--
Bird: 06.
Rountree: Oh, excuse me.
suspension of rules.
I heard that discussion. 06-1209 and 06-1210, with
Bird: Second.
De Weerd: Okay. The motion is to approve Items 22 and 23. If there is no further
discussion, Mr. Berg, will you, please, call roll.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea.
MOTION CARRIED: ALL AYES.
De Weerd: Thank you. Well, Council, we are at the moment in our agenda to swear in
our new City Council members. The first one to be sworn in will be Joe Borton and I
guess I would like to -- before we swear in a new Council member, I certainly would like
to express my appreciation to Councilmember Donnell for the time that she has served
our community. She stepped in when we had an opening, because we hired our
Council member as our city attorney and she has stepped in and added a great
perspective. She has been a great balance to our Council and added a diverse
perspective that was much needed with her background in schools, with youth, and a
sense of community. We have appreciated all of her efforts and certainly we appreciate
the contributions that you have added to our discussions and appreciate your insight.
Donnell: Thank you. Do I have a chance to say something?
De Weerd: Yes, you do.
Donnell: Okay. I have been waiting for this chance. First of all, I certainly would like to
thank the Mayor for giving me this opportunity. I mean she came to me and solicited my
interest and, then, my thoughts on whether I would, indeed, volunteer to step into this
role. And so I truly appreciate that. I also appreciate the Council members, Shaun, who
has sat right beside me and tried to keep me on track, fixed my computer when I
couldn't get it to work, told me when I should say something and when I shouldn't.
Charlie for mostly disagreeing with everything that I ever voted on and doing it in such a
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January 3, 2006
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nice way and always still making me feel like I had, you know, some sense. And Keith
for being continually complimentary and telling me I was doing a fine job and, then,
leading me into motions that I still couldn't make. And all three of them being wonderful
helpmates and teaching me so much. I'd like to thank Will, because he always is there
to do whatever it is that any of the Council members need for him to do and is so willing
to just provide us with big cups of water that I end up being up all night, because I drink
it all. That's -- but for always taking care of any of those fine details. He's great and a
great addition to the city. And to all the staff members who had to put up with me during
these last 14 months as well. They are an excellent staff and this city is very very lucky
to have such a great staff working for them and working with the Mayor and with the
Council. And I need to thank the developers, who have mostly left now, because we
can clear a room, and all the other applicants for putting up with all my endless
questions, with my horrible motions, with all of the indecisions that I have had. I have
learned so very much these past 14 months and I wouldn't have traded this time for
anything, unless it was more time to play with my grand children and my husband may
or may not appreciate the fact that I'm going to be spending a little bit more time at
home. Probably not, but that's too bad. I think other than the fact that he is the wrong
gender, I think Joe Borton will be a great addition to this Council and I have told him that
if he doesn't do a good job, that I will come back and run against him. So, he better do
an absolute fabulous job and I know that we will and, again, he needs to be wearing a
skirt and having a little bit longer hair, but --
Bird: That could happen.
De Weerd: We don't need that.
Donnell: He will be absolutely great. But, again, I want to thank everyone, all of you, for
putting up with me and for giving me this chance to grow and learn one more thing that I
never would have learned otherwise in my life. And so with that I'll give it to you to
swear in our new one. Good one.
De Weerd: Thank you. Any other comments?
Bird: Madam Mayor?
De Weerd: Yes, Mr. Bird.
Bird: Christine, you have done a great job. You know, I knew you were a great teacher
and educator, but I didn't realize you were such a good politician. We are going to miss
you. You have done a fantastic job. You have brought a view to the Council that was
very helpful to me and I have certainly enjoyed serving 14 months with you. It's went by
real fast. Thank you very much.
Donnell: It has. Yeah. Thank you.
Rountree: Madam Mayor?
Meridian City Council
January 3, 2006
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De Weerd: Mr. Rountree.
Rountree: Christine, we certainly do agree on the grand children and the spousal
issues and on most things, I think, and I have enjoyed your perspective, particularly the
perspective that you brought from managing one of the largest public businesses there
is in the state of Idaho and appreciate what I have learned from you and wish you and
Bill well in continuation of your new found retirement, sort of, and hope to see you on
occasion down on the golf course.
Donnell: You will. You will. Thank you. Okay, Shaun. You're all going to be so glad
that I'm not hear to spill water on my computer.
De Weerd: Mr. Wardle.
Wardle: I will say, Christine, that my second week here I spilled water all over my
computer and that's why I knew that the napkins were right in front. So, I will say that
it's been a pleasure to serve with you. I have learned many things from you and one of
the things that I have learned as kind of a young -- some people call me a budding
politician -- is really a different leadership style and I have seen how you were so
effective running the school district and contributing to this community and would like to
say that I have been honored to both serve with you and to learn from you.
Donnell: Thank you.
Wardle: Thank you.
Item 24:
Swear in New City Council Member Seat # 2 - Joe Borton:
De Weerd: Now we have concluded the touchy feely stuff on the agenda. We will
move to Item 24 and ask Mr. Berg to, please, do the honors of swearing in our new
Council member for Seat No.2, Joe Borton.
Berg: Okay. If you would raise your right hand and repeat after me. I, Joe Borton, do
solemnly swear that I will support the Constitution of the United States and the
Constitution of the State of Idaho and the laws and ordinances of the City of Meridian,
Idaho. And that I will do to the best of my ability faithfully perform the duties of the office
of City Council in the City of Meridian, Idaho, during my continuance here therein, so
help me God.
(Repeated by Mr. Borton)
Berg: Congratulations.
De Weerd: You will now trade seats.
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January 3, 2006
Page 44 of 47
Donnell: Just like that they are kicking me off.
Rountree: Exchange the baton.
Donnell: You can't have my goodies, though.
Borton: Christine, these shoes are too big to fill and I'm really really excited to work with
the city and all of your leadership and what everyone said about you I echo ten times
and I hope I can do half the job that you did.
Item 25:
Swear in New City Council Member Seat # 4 - Keith Bird:
De Weerd: Thank you. And welcome, Mr. Borton. Okay. Our next item is Item 25 to
sear in not so new City Council member for Seat No.4. I think he can probably read it
and tell you what to say.
Bird: I don't think so.
De Weerd: Councilman Bird.
Berg: Okay. Raise your right hand and repeat after me. I, Keith Bird, do solemnly
swear that I will support the Constitution of the United States and the Constitution of the
State of Idaho and the laws and ordinances of the City of Meridian, Idaho. And that I
will do to the best of my ability faithfully perform the duties of the office of City Council in
the City of Meridian, Idaho, during my continuance therein, so help me God.
(Repeated by Mr. Bird.)
Bird: Congratulations.
De Weerd: Since we did not need to do any separations due to our welcome aboard
speech, we do appreciate continuing to serve with you, Keith, and appreciate the
opportunity to serve at least another two years with you and --
Bird: Four.
De Weerd: -- welcome.
Bird: And, then, I'm out.
De Weerd: Okay. Are there any comments before I move on? Okay.
Bird: Just like to welcome Mr. Borton aboard and it's been a joy for me to serve with all
my fellow councilmen and the mayors and hope the next four years is as good as the
last eight.
Meridian City Council
January 3, 2006
Page 45 of 47
De Weerd: Thank you.
Rountree: Madam Mayor?
De Weerd: Yes, Mr. Rountree.
Rountree: Welcome aboard, Joe. Great to have you and I'm looking forward to at least
my next two years and your four and, Keith, thanks for the support and we'll keep
elbowing one another for a couple more years.
Bird: You bet. We will, Charlie.
De Weerd: Mr. Borton, I know you have some people you should recognize in the
audience.
Borton: I do. I have got a lot of great people here that have supported me over many
many many years and I appreciate them being here tonight. I'm going to start in the
back left. That's my father-in-law Bruce Faltin. Sitting next to him is my big five year old
Mikey. Michael is here. And my brother-in-law Hart Gilcrest. And my other son, seven
and a half year old Jack, and my lovely wife Sharon is in the back right corner. In the
far back underneath the wreath is my father James Borton. He's heading down to the
Capital in a couple days, getting back to work. Up on the right is my mom Chris Borton.
And sitting next to her is my mother-in-law Ann Faltin. And, then, up in the row in front
of my wife is my good law partner Mark Freeman and his wife Suzette, who have been
fantastic friends and supporters for many years and many years to come. I appreciate
them both being here and for my family being here and sharing in this process and
supporting me through these endeavors with City Council and everything else we do
with the city. I appreciate it. I can't tell you enough how much I appreciate it. I probably
don't tell you enough. But I want to let you know being here means a lot to have you
here. So, thank you very much.
De Weerd: Thank you for the introductions. Is there anything you would like to say in
addition to that?
Borton: No. I think you will find that as an attorney I will probably talk way more than I
should, so I will be brief. I don't think I have anything else to say tonight, but for four
years I promise to talk more than is necessary.
De Weerd: We have had experience with an attorney up here already.
Bird: Madam Mayor?
De Weerd: Yes, Mr. Bird.
Meridian City Council
January 3, 2006
Page 46 of 47
Bird: I'd like to introduce my wife, who has supported me for 44 years plus -- put up with
me for 44 years and I appreciate it. I wouldn't be here if it wasn't for her. So, thank you,
Marge.
De Weerd: We submitted her name for sainthood.
Bird: She's put up with me.
De Weerd: So, thank you. It is so important and vital to have support from our families.
I think now that he is sworn in, we can tell him that the hours can be long and the
dedication and commitment is sometimes overwhelming and I think that Councilmember
Donnell could echo that, but it's also very rewarding and we serve a great community
full of wonderful people and I don't think you will find a volunteer -- pretty much
volunteer position that has more rewards than local government and we welcome you
on board.
Borton: Thank you. I appreciate that.
Item 26:
Presentations:
De Weerd: Now, Item 26 I do have a presentation to Councilmember Donnell. If she
will come front and center. We do have a plague in recognition of the dedication that
she has given our community and just a small token of our appreciation for everything
that you have done. This is to Christine Donnell, City Council Member, City of Meridian,
presented in recognition for your contributions and service to the City of Meridian as
City Council Member from October 2004 through January 2006, the City of Meridian
greatly appreciates your dedication and commitment to serve the city and community.
Donnell: Thank you. Thank you. Now I could have said all those things, but I did leave
one person out and that was our wonderful Bill Nary, because he kept saying now if you
need for me to come and do this or you need to come and talk to me about anything, I'm
always here, I'm always available. And did I ever do it?
Nary: Once or twice.
Donnell: Once or twice.
Nary: Once or twice.
Donnell: Again, I left you right out. I was thanking everybody and so apologize, Bill,
because you're a great help and you're really a wonderful asset to the city as well.
Nary: Thank you.
Donnell: Again, thank you all. Thank you to all of you. I'll put this with all my other
plaques in my scrapbook. Now, you tell me how I'm going to do that.
Meridian City Council
January 3, 2006
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De Weerd: Photocopy it and, then, hang it on the wall and put in the photocopy.
Donnell: Thank you so much.
De Weerd: Well, that is the conclusion of our meeting. I certainly would invite you to
join us at our reception at my house and --
Bird: Madam Mayor?
De Weerd: Yes, Mr. Bird.
Bird: Were we going to have elections or do you want to hold off until next week?
De Weerd: We had anticipated doing that next week, but if you'd like to do it now, I
don't care.
Bird: No. No. No problem.
Wardle: Give Joe time to get prepared. Just kidding you, Joe.
De Weerd: When the real fun begins.
Rountree: Part of the process.
De Weerd: Okay.
Bird: Madam Mayor, I move we adjourn.
Rountree: Second.
De Weerd: All those in favor say aye. All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
MEETING ADJOURNED AT 9:19 P.M.
E PROCEEDINGS)
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DATE APPROVED