HomeMy WebLinkAbout2006 04-11
Meridian City Council Meeting
Apr~
The regular meeting of the Meridian City Council was called to order at 7:05 P.M.,
Tuesday, April 11, 2006, by Mayor Tammy de Weerd.
Members Present: Mayor Tammy de Weerd, Keith Bird, Charlie Rountree and Joe
Borton.
Members Absent: Shaun Wardle.
Others Present: Ted Baird, Will Berg, Anna Canning, Brad Watson, Bill Musser, Bill
Johnson, Doug Strong, Stacy Kilchenmann, and Dean Willis.
Item 1:
Roll-call Attendance:
Roll call.
Shaun Wardle
X Charlie Rountree
X
X Joe Borton
X Keith Bird
Mayor Tammy de Weerd
De Weerd: Okay. I will call this meeting to order. Thank you all for being here this
evening. It is Tuesday, April 11th. It is a little bit after 7:00 o'clock. Thank you for
joining us tonight. I will ask the city clerk to call roll.
Item 2:
Pledge of Allegiance:
De Weerd: Thank you. Okay. Item 2 is the pledge of allegiance. Tonight we will be
led in the pledge by Jessica and Mallory. They are two members of our youth Council.
If you will all rise.
(Pledge of allegiance recited.)
Item 3:
Community Invocation by Jeff Kohler with LDS Church:
De Weerd: I do have pins for you guys, City of Meridian pins, for leading us in the
pledge. Thank you. Nothing like putting you on the spot. Okay. Item No.3 is our
community invocation. Tonight we will be lead by Bishop Jeff Kohler with the LDS
church. If you will, please, join us in the community invocation or take this as an
opportunity for a moment of silence. Bishop.
Kohler: Our Father in Heaven, we are thankful for this day and for the blessings in our
lives. We are grateful for this fine community in which we live and on this occasion of
this Council meeting that thy blessings will be here with the participants, that they will be
blessed with civility and wisdom on the important matters that respect our community
that are discussed. We are grateful for the blessings we enjoy from living in this
country, for the comfortable circumstances and safe community in which we live. We
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April 11,2006
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are thankful for that. Bless these proceedings we pray in the name of Jesus Christ,
amen.
De Weerd: Thank you. I would like to present you also with a pin and thank you for
being here. Thank you, Anna. Councilman Bird just wanted to note your timeliness this
evening.
Canning: And my key.
Item 4:
Adoption of the Agenda:
De Weerd: And files, too, uh? Okay. Item No.4, adoption of the agenda.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: On the agenda under Department Reports, under the Office of the Mayor, we
would like to add item number two, Hubble Homes. We have also been requested to
add Item D, Parks and Police Departments need to have a discussion on some
property. And on our regular agenda, our ordinances 17, 18, 19 ordinances will be 06-
1223, 06-1224 and 06-1225. And on the Consent Agenda, the resolution number is 06-
510. And with that I move we approve the revised agenda.
Rountree: Second.
De Weerd: Okay. The motion is to approve the agenda as revised. All those in favor
say aye. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Item 5:
Consent Agenda:
A.
Approve Minutes of March 21, 2006 Pre-Council Meeting:
B.
C.
Mariott:
Development Agreement: AZ 06-001 Request for Annexation
and Zoning of 4.99 acres from R2 to a R-4 zone for Buckeve Place
Subdivision by John Fackelman - east of Black Cat Road and
south of Cherry Lane:
D.
Addendum to Development Agreement: MI 05-017
Miscellaneous request to amend the previously approved
Development Agreement for Blue Marlin (AZ 03-025) for Nesmith
Annexation by Jonathan Seel- 2820 East Ustick Road:
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April 11,2006
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G.
E.
Resolution No. 06-510 V AC 06-003 Request for a
Vacation of a drainage easement between Lots 2 and 3, Block 18,
Champion Park Subdivision No.3 by Creekside, Inc. - 2484
East Garber Drive:
F.
Permanent and Temporary Easement Contract for Libertv
Development. Inc.:
Approve Beer. Wine. and liQuor License Renewals:
127 Club - Beer & Liquor
Baja Fresh Mexican Grill - Beer
Baja Taco - Beer & Liquor
Big Smoke, LLC #6 - Beer & Wine
Bill -N- Lynn's Back Room - Beer & Liquor
Carrabba's Italian Grill - Beer & Liquor
Chicago Connection - Beer & Wine
Chicago Connection - Beer & Wine
The Cigarette Store, Inc. - Beer
Corona Village - Beer & Liquor
Dancing Dog Coffee House - Beer & Wine
EI Tenampa - Beer & Liquor
Fred Meyer #198 - Beer & Wine
Fusion Asian Grill - Beer & Wine
Goodwood Barbecue Co. - Beer & Liquor
Harks Corner - Beer & Wine
Idaho Pizza Company - Beer & Wine
Jackson's Food Store #1 - Beer & Wine
Jackson's Food Store #105 - Beer & Wine
Jackson's Food Store #11 - Beer & Wine
Jackson's Food Store #35 - Beer & Wine
Jackson's Food Store #56 - Beer & Wine
Jackson's Food Store #97 - Beer & Wine
Food Store #98 - Beer & Wine
Jackson's Food Store #99 - Beer & Wine
Kahootz Steak & Alehouse - Beer & Liquor
Limelight - Beer & Wine
Lotus Garden Chinese Restaurant - Beer
Mason's - Beer & Liquor
Meridian Speedway Ken Hamilton - Beer & Wine
New Frontier Club - Beer & Liquor
A New Vintage Wine Shop - Beer & Wine
Pizza Hut - Beer
Pizza Hut - Beer
Rite Aid #5412 - Beer & Wine
San Francisco Sourdough Eatery - Beer
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April 11,2006
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Ultra Touch Car Wash - Beer
Whitewater Pizza & Pasta - Beer & Wine
Whitewater Saloon - Beer & Liquor
Wingers - Beer & Wine
De Weerd: Item No.5, Consent Agenda.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move that we approve the Consent Agenda, which includes resolution number
06-510 and includes beer and wine and liquor license renewal with everything being
okay. And for the Mayor to sign and the Clerk to attest on all proper papers.
Rountree: Second.
De Weerd: Okay. Motion is to approve the Consent Agenda as presented. If there is
no discussion, Mr. Berg, will you call roll.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 6:
Department Reports:
A.
Public Works Department - Brad Watson
1.
Discussion of Proposed Purchasing Policy Update:
De Weerd: Thank you. Okay. Item 6 under Department Reports, we will begin with A,
Public Works Department. Mr. Watson.
Watson: Thank you, Madam Mayor and Council Members. This first item is a proposed
update and revamping of the city's purchasing policy. This is an outcome of the
legislature's efforts in the 2005 session to streamline the multitude of purchasing
statutes that existed for a lot of different entities. Second, they also changed the rules
to allow the state to have a little bit greater flexibility in how they went about purchasing
and procurement. AGC was involved in this, the Association of General Contractors,
AIC, and several private entities, and they all came together to come up with what we
are proposing the city's purchasing policy come in line with. This was started, I think, in
November or December and it's gone through several iterations and Ted Baird and
Stacy Kilchenmann and I have worked diligently to get this to this point, so I don't know
that you really want me to go through all the particulars of the policy. It's in your packet.
I tried to put the major changes in a table on page two. Probably the best thing to look
at is the publication that was put out by AGC, CH2M Hill, and AIC last fall that very
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concisely summarizes the different changes. I think our policy would -- would really fall
in line with all the limits exactly how this table lays them out. The one thing that I just
want to point out for the public that's here is that although it gives us greater flexibility,
there is a lot higher accountability for public officials in the purchasing programs that --
the fines have -- well, in some cases there were no fines or penalties at all. Maximum
fine was a misdemeanor 300 dollar fine, up to six months in jail. Now, the
administrative fine is up to 5,000 for certain actions. There is a criminal penalty with up
to one year in jail, 5,000 dollars civil penalty. So, although it may appear that we have a
looser rein on things, the accountability is much much higher. I don't know -- Stacy's
here, if she would like to add anything. She's shaking her head no, but she's here to
answer questions, as am I.
De Weerd: First I'd like to thank staff. I know a lot of time and effort went into this and
we appreciate you all working together on it and thank you, Mr. Baird. Any questions for
staff, Council?
Bird: Madam Mayor, I have none.
Rountree: None.
De Weerd: Okay.
Bird: What's your plan for bringing it forward? Next week as an ordinance change or
what?
Rountree: With a resolution?
De Weerd: Mr. Baird, a resolution?
Baird: Be happy to do that.
De Weerd: Okay.
Rountree: That would be good.
Bird: That would be fine.
De Weerd: So, we will get a resolution on our Council agenda next week. Thank you.
We appreciate your diligent work on this.
Watson: And thank you. The one thing I do want to point out is there was a lot of self
interest involved in getting this changed, because we bid out so many projects that --
De Weerd: We know. You were in front of us a couple of times.
Watson: Thank you.
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April 11,2006
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2.
Agreement with United Water:
De Weerd: Okay. Item No.2.
Watson: Madam Mayor, Council Members, what we have here is a stipulation between
United Water Idaho and the City of Meridian. This is an agreement that United Water
wants to take in front of the Public Utilities Commission. As you may recall, we
protested their application last fall to expand their certificated area. Len Grady, our city
engineer, has worked extensively with United Water over the intervening months to
come to an agreement on their boundary. We have reviewed this. We have met with
United Water last Friday afternoon. Council has reviewed this agreement and we are
recommending that this be approved and that we sign this document and submit it to
PUC. The signed document from United Water is purportedly coming to us tomorrow.
With that, I will stand for any questions.
De Weerd: Okay. Council, do you have any questions?
Bird: I have none.
De Weerd: Mr. Rountree?
Rountree: I have no questions. Just assurance from Mr. Baird that legal counsel has
reviewed an agreement with the language.
Baird: Madam Mayor, Members of the Council, yeah, indeed, legal staff met with our--
we have a contract attorney that handles water matters, Charlie Honsinger, and he's
kept us involved. Along the way we had just a couple of matters for input, but we are
confident that the document is -- it's going to achieve what it's supposed to achieve.
The main thing is really the map, the last page, and I have been in contact with Len and
he says that the map depicts what the agreement is, so the document makes it happen.
De Weerd: And you know how popular lines are.
Baird: Well -- and that's one thing we did want to point out, that those lines on the map
are defined up in the upper right-hand corner and all they pertain to is this agreement.
They don't mean anything else.
De Weerd: Thank you for that description and definer. Any questions, Council?
Bird: I have none.
Rountree: None. Madam Mayor?
De Weerd: Okay. Mr. Rountree.
Rountree: Is a motion in order?
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April 11,2006
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De Weerd: Uh-huh.
Rountree: Madam Mayor, I move that we approve the agreement between United
Water and the City of Meridian and authorize the Mayor to sign and the Clerk to attest.
Bird: Second.
De Weerd: Okay. Any discussion? Mr. Berg, will you call roll.
Roll-Call: Bird, yea; Rountree, yea; Wardle, absent; Borton, yea.
MOTION CARRIED: THREE AYES. ONE ABSENT.
B.
City Attorney's Office
1.
Discussion of Draft Ordinance for Park Hours:
De Weerd: Thank you. Item B is our city attorney's office. Mr. Baird.
Baird: Thank you, Madam Mayor, Members of the Council. In your packet tonight is a
draft ordinance that gives some flexibility to the park director to sort of bend some rules.
We have got a current park closure that says the parks close after dark. We have
events that are routinely out of compliance, say if a game goes long. So, what we have
added is giving the parks director authority to grant a suspension of the park closing
times if he believes it to be in the best interest of the city. A good example of this, of
course, there is an event that's coming up with the youth council this month where they
are -- I believe it's a homeless simulation activity in the park. It's supervised, but they
will be in there overnight and that's in the best interest of the city and if the parks
director has that authority, they can make it happen. Let the police know that it's going
on. But we kicked this around to decide if he needed to come back to you for approval
every time and the way it's drafted he has the discretion to grant it without coming to
you.
De Weerd: Okay. Thank you, Mr. Baird. Any questions from Council?
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: Mr. Baird, is there any concern that allowing parks to be used in any particular
occasion exposes the city to any excess or unnecessary liability if someone is in there
at -- well after dark or midnight or --
Baird: Madam Mayor, Members of the Council, and Councilmember Borton, the city's
protected through the recreational immunity statute. As long as we don't charge for
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April 11,2006
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activities, there is no liability. We -- that's a very low standard. We go beyond that. We
try to make situations safe and I think one of the factors that the parks director is going
to look at is their supervision. Can it be made safe. Is there lighting. So all those
factors will be taken into consideration, but it's my opinion that we are not incurring
additional liability with this action.
Borton: Okay. Thanks.
De Weerd: Now, Council, we have had this in front of you before. If you have any
questions, Mr. Strong is here as well. So, any further questions?
Baird: And, Madam Mayor, they are prepared for action. This is Item 15 on the agenda
tonight.
De Weerd: So, we will wait for the motion at that time. Is there any further discussion?
Rountree: I have none.
c.
Mayor's Office
1.
Budget Amendment for Asset Study:
De Weerd: Okay. Item C. In front of you I did give you a chart with the 40
development assets from -- it's the Institute of -- oh, man. I forgot. Search Institute is
the one that issues this. Several years ago we did -- in 2001 we did a survey of 9,900
students in the Meridian School District in grades -- I believe at that time it was 6th, 12th
-- 6th and 12th grades. This year we will be doing a follow-up survey in both Boise and
Meridian school districts in grades seven, nine, and eleven, to see what kind of progress
that has been made in those two school districts in our efforts in engaging youth and
youth feeling valued to their communities. We did receive a grant -- or the city of Boise,
Matt McCarter pursued a grant to get funding for this survey. We are short 7,500
dollars and the United Way was approached to cover the shortage. They made a
suggestion that if -- they would match dollar for dollar the two cities and so they asked
that each city give 2,500 and they would also, in turn, then, give 2,500 towards the
survey. So, I am coming to you today to see if the city will provide the 2,500 for this
survey in our school districts. And I would ask for your approval. Are there any
questions?
Rountree: Madam Mayor, I just have a question on what we have before us. Is this,
then, going to be considered the baseline?
De Weerd: Yes.
Rountree: And what intervals would this survey place? Is it just going to be a two shot
deal or are we going to look at it every couple years or what's the plan?
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April 11,2006
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De Weerd: At this point the plan is to re-survey on -- I guess the same period of time, to
give an opportunity to assess where there are still deficiencies and develop programs
that would help -- start creating some change to them, so that change could be
measurable. So, I guess the time frame that we have had in this regard of a five year
period seems to be along the norm for this type of a survey.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: Are there private organizations, Meridian's Promise, or others that are out there
that can help support this type of survey and research gathering, you know, as opposed
to the city funding this to get this information?
De Weerd: Well, the city's funding a very small portion of the total cost. It was just what
we fell short, because we are going out surveying two very large school districts, that
this was where we fell short in funds and United Way just came with a proposal to also
get a commitment of -- time and resources are being expended in our school districts to
allow this to happen as well and so they just thought it would kind of close the loop in
the appropriate partners to bring this kind of survey out into the community.
Borton: Madam Mayor?
De Weerd: Yes.
Borton: Is it part of a prior obligation? I just -- I'm not -- I don't know if I remember or
know the history of it, as to whether or not the city sometime in the past said we will
commitment or we have budgeted some chunk of money to get this survey done and it's
-- did our prior commitment fall short of some mark or --
De Weerd: No. We did not fund the previous surveys and they were able to provide
that through the grant funding that became available. Also St. Luke's covered a portion
of that cost as well.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Who got the grant, Boise city or Boise School District?
De Weerd: Boise city.
Bird: Boise city. And--
De Weerd: And they have already committed --
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April 11,2006
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Bird: And while I do support the 2,500 dollars and it was not budgeted before, I
question why some of the -- why Eagle and Star hasn't been asked to participate,
seeing how we don't have all the students in Meridian School District by a long shot
within the city limits of Meridian our taxpayers seem to pick up the deal, which -- but I do
support your 2,500 dollars. No problem.
De Weerd: Certainly you can appropriate less than that. That's just a request I'm
coming with.
Bird: It's something that needs to be followed up with if it -- if we don't support it --
De Weerd: It is a tool that we use in our youth programming -- certainly, the Meridian's
Promise will use and they don't have any funding, so -- at this point. So, we can't go
asking for money. But as well, the school districts use this in developing some of their
extracurricular out reach and some of the programming that they do inside the schools
as well. So, it is a valuable tool that has been used. This certainly has been used by a
number of organizations, so it has been a valuable tool.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: If we don't have anymore discussion, I would move that -- and I believe that within
the Council budget we probably have 2,500 dollars left over. I would move that we take
2,500 dollars from the budget, make a budget amendment to the -- from the Council's
budget to help match the 40 development assets for the search.
Rountree: I'll second that motion.
De Weerd: Okay. Thank you. Any discussion?
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: If the motion maker and the second -- I'd like -- I think Councilman Bird's right
on the money. I'd like to see -- I agree that we should be supportive and I'd like to see a
-- maybe a letter of request to the city of Kuna, city of Eagle, perhaps city of Star, letting
them know that we are supporting this information. It is countywide. It's a value to the
cities and invite them to help contribute to this cause.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: The maker would exclude Kuna, because it doesn't include Kuna School District.
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April 11,2006
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Borton: Excuse me.
Bird: Just Eagle and Star and I would love to see a letter drafted by our attorneys to --
and signed by you to go to Eagle and Star and tell them what we are doing and that if
they can foresee in the future to help them, we'd certainly appreciate it.
De Weerd: Okay. We will draft a letter --
Rountree: Second agrees.
De Weerd: -- to ask for their participation, because I will not repeat your motion. Is
there any other discussion?
Rountree: Madam Mayor, just a comment, that these are very important elements of
our community and I think that it's somewhat unique and significant that we are going to
measure these -- we are measuring these and, therefore, we are going to take some
action when we see directions not going the way we want them to. So, I would support
the matrix here and like to see some significant use made out of them, either quarterly
or -- not quarterly, but an annual report of these matrix, something more than just this
table of where we are trying to go. But I think it's a grand idea.
De Weerd: It will be an important tool that we can use in Meridian's Promise, because
we can consolidate the 40 assets into the five promises of America's Promise. So, we
can certainly work on how we can create a measurement tool for that. If not, just letting
you know what we are doing in each of those areas. Okay. Mr. Berg, will you call roll.
Roll-Call: Bird, yea; Rountree, yea; Wardle, absent; Borton, yea.
MOTION CARRIED: THREE AYES. ONE ABSENT.
2.
Don Hubble - Hubble Homes - Habitat for Humanity:
De Weerd: Thank you. Item No.2 was -- I apologize for a last minute addition, but we
do have Mr. Don Hubble here with us tonight and it was not too long ago we had some
of the representatives for the Habitat for Humanity and our superintendent of schools in
my office to discuss the need for buildable lots for these Habitat homes and Mr. Hubble
is here today to address Council. Mr. Hubble.
Hubble: Thank you, Madam Mayor and Members of the Council. My name is Don
Hubble and I'm just here to make a short presentation. One of the core values at
Hubble Homes is to support the communities in which we live and work. We helped last
year the City of Meridian with a K-9 facility. We have been looking for a project this year
that would be suitable for us to help with and heard about the Habitat for Humanity, so
we are here tonight to donate a lot to the -- to that project, probably in our Solitude
Place Subdivision, and in the event that it would be a more suitable location for that
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April 11,2006
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home, we would donate, you know, an amount in kind, a cash contribution, in the range
of 90 to 100 thousand dollars, to help that cause. So, we are just here to make that
presentation and assist where ever we can. So, thanks a lot.
De Weerd: Well, I would, then, ask if the representatives from Habitat for Humanity, as
well as youth council and our youth programs coordinator, would come up and -- for
some ceremonial --
Rountree: Picture taking.
De Weerd: Oh, and Bud even dressed up. This is a good day. Why don't you all come
and stand all together. Okay. Did our representatives from Habitat or our youth council
or Bud, would you like to say anything? I guess I would at least say something. Our
youth council has been working very diligently on their national youth in-service day
project, which is raising the awareness and money for Habitat for Humanity. Also, this
is a partnership with our school district. Our school district's construction program does
build these houses and this will be the first home built in the City of Meridian for Habitat;
is that correct? So, this is a really appropriate gesture. We appreciate that. Certainly, I
know the school district has been concerned with -- and Habitat as well with the
increasing land prices and the availability of getting these lots where we can build these
homes. So, we appreciate your generosity and this offer, so -- Bud?
Henthorn: On behalf of the Mayor's Youth Advisory Council, I want to personally take a
moment to thank you for this. Not only does this build a home in our city that will
provide shelter to a family, but it also provides a tremendous empowerment to our city's
young people. As they are successful in these kinds of projects, their self esteem goes
up, their ideas of what is possible go through the roof, and for the rest of their lives will
be able to drive by this lot with this house on it and say we helped to make that happen
and so for generations that are coming I thank you. This is more than just a home, this
is about young people's lives and the future. So, thank you very very much for your
kindness.
De Weerd: Mallory or Jessica, would -- or Jennifer, do you have anything you would
like to add?
Youth Council Member: I'd just like to thank Hubble Homes for their generosity in
helping us with this project. It's been a big thing for us to undertake as a Council and
with our community's help that's making everything that much more possible. So, thank
you.
De Weerd: Thank you. Well, thank you to the representatives for Habitat for Humanity
for being here. Any final words from you all?
Habitat Member: Well, let me just say that we started, Mayor and Council and guests --
Habitat for Humanity started in Boise in -- for all of Ada County some 15 years ago and
to date we have built 30 houses. For the last five years we have been building one
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April 11,2006
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house a year with the Meridian School District as their -- in their vocational education
program. So, this upcoming house will, actually, be the sixth house that Meridian
School District has built in conjunction with Habitat for Humanity and as we try to -- as
we grow our organization and expand to cover more of the county, we are hoping to get
another 40 houses built in the next five years. So, that's part of our challenge is to find
that land to do that and Mr. Hubble has been an instrumental part of that today and I'm
hoping that the municipalities and the rest of Ada County will see the value in affordable
housing and continue their support.
De Weerd: Thank you.
Habitat Member: Thank you very much. And thank you, Mr. Hubble.
De Weerd: Now, do I see a representative from the school district? Would you like to
offer any words on your construction project, students, or anything like that?
Baxter: Madam Mayor, Members of the Council, I, too -- I'd like to thank Mr. Hubble for
his gracious gift and, as mentioned, we are currently completing our fifth home. Our
students -- our construction students build one home a year and our horticulture
students from Eagle Academy come in and, then, landscape that home. But this is just
a major step forward, as we are experiencing difficulty in securing lots and I just can't
thank Mr. Hubble enough and thank you, Madam Mayor and Council, for your support in
this effort.
De Weerd: Thank you. Council, this ties in a lot with the 40 development assets.
Certainly as Mr. Baxter had mentioned, our students are -- some of them recipients of
this as well in the experience that it allows them to gain in putting practical experience to
use and so I -- we appreciate your generosity and thank you.
D.
Parks Department - Police Department - Snake River Racing.
De Weerd: Okay. Item D is our parks department and police department here to talk
about the land next to the K-9 facility.
Strong: Thank you, Madam Mayor, Members of the Council. I appreciate the
opportunity to get on the agenda tonight, because this is a project that Chief Musser
and I have been talking since just as early as Monday of this week, but there is some
sense of urgency of moving on. As you may recall, a year -- over a year ago we struck
an agreement with Snake River Racing to build a remote control car racing track at the
property to the west of the police station. That agreement has not been met, so we are
not in partnership with Snake River Racing anymore, to my understanding. So, we are
looking at -- in our discussion what we could do with the remaining 8,000 dollars that we
had in that account to do improvements to the property for that partnership that may
help the police department finish the K-9 facility that's on site there. So, in looking at
that, there was still an irrigation system to install for the area where the new K-9 facility
is. Our early estimates of that -- the cost for that for a maxicom time clock and irrigation
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April 11,2006
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parts would be about 5,600 dollars, which would leave a little bit of money that we could
use elsewhere on the site. So, we will discuss that. But what we would like your
approval for tonight is the opportunity to use the General Fund money that we have in
that line item to finish out the landscaping for the K-9 facility, rather than the Snake
River Racing partnership that we had earlier talked about.
De Weerd: And I guess, Council, at this point it doesn't change the line item. So, we
wouldn't need any motion from Council to shift money, it would remain in the same line
item, but we wanted to bring this change back, because it was identified with a
particular project. It would still be used to -- put to use for the land as intended, just in a
different way. Any questions?
Bird: I have none.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I know there is some question of whether or not the Snake River group still
exists. Have you made an attempt to notify them and let them know that the agreement
is being voided?
De Weerd: Yes.
Baird: Madam Mayor?
De Weerd: Yes, Mr. Baird.
Baird: If I could address that. In addition to Doug's phone calls, we sent a registered
certified mail letter basically asking them to come forward and let us know what their
plans were. We weren't declaring them in default. But that letter came back unclaimed.
We did a little bit more research, tried to find a new address. We haven't heard back.
It's been weeks. I found an e-mail address, sent a copy of the letter to that. I have not
heard back. So, as a housekeeping matter, I would like a motion from the Council to
declare that agreement in default and with that motion I would probably post -- because
we have got no one to notify, I would post a notice in the local paper, our paper of
record, declaring it in default, just to clear things up. And the facts that define the
default -- it's been a year since we entered into the agreement. They were supposed to
bring forward a master plan to the parks commission. They did not do that. They were
supposed to commence construction within a certain number of months. They haven't
done anything. There has been no action, no response. So, in my legal opinion it's
clearly in default and I'd ask for you to declare that on the record. And to identify, it's
the agreement between the City of Meridian and Snake River Racing and the contact
was Jeff Oviatt. O-v-i-a-t-t.
Meridian City Council
April 11,2006
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De Weerd: Sorry, I didn't know about that part of the story, so -- I thought this was
something simple.
Baird: I was meaning to bring that forward and I wasn't aware this was on the agenda,
but as a housekeeping matter, if you don't mind, I think it's appropriate to suggest that.
De Weerd: Okay. Council, questions?
Bird: I have none.
Rountree: No.
De Weerd: Okay.
Bird: Waiting for a motion from Mr. Borton.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: I move that the Council find Snake River Racing in default and authorize the
city attorney to publish that and provide notice of that default. Along with that, to
approve the transfer of those funds to complete the landscaping that Mr. Strong had
suggested.
Bird: Second.
De Weerd: Okay. Any discussion?
Borton: Madam Mayor?
De Weerd: Yes, Mr. Borton.
Borton: Just -- I do have one question. Is there any means to recover any of the
expenses? Even publication expenses. It drives me nuts to hear something like this
happen where the city's not only waited, but now is going to be out of pocket, whether
it's five dollars or 500 dollars, to get that publication money back and any other
expense. If the roles were reversed, you know they would be coming to us.
Bird: You bet they would be after us.
Baird: Madam Mayor, Members of the Council, Councilmember Borton, we would have
to locate them and we could probably have our legal assistant initiate a small claims
action.
De Weerd: We can't find them.
Meridian City Council
April 11,2006
Page 16 of 49
Baird: Personal opinion. It's probably not worth recovering, the more staff time that we
spend to recover the cost of publication. But it's a lesson for all of us to choose our
partners wisely.
Borton: Fair enough.
De Weerd: Point heard, though. Mr. Berg, will you, please, call roll.
Roll-Call: Bird, yea; Rountree, yea; Wardle, absent; Borton, yea.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 7.
Items Moved from Consent Agenda:
Item 8:
FP 06-014 Request for Final Plat approval of 29 residential building lots
and 8 common area lots on 8.57 acres in R-8 and R-15 zones for
Medford Place Subdivision by Dyver Development, LLC - 3335 South
Eagle Road:
De Weerd: Thank you. Item 8 is FP 06-014. Anna.
Canning: Madam Mayor, Members of the Council, we have a letter from the agreement
stating that they are -- a letter from the applicant stating that they are in agreement with
the conditions of approval. This was a final plat.
De Weerd: Okay. Council, do I have a motion?
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: I move we approve FP 06-014.
Bird: Second.
De Weerd: Okay. Motion is to approve Item No.8. Mr. Berg.
Roll-Call: Bird, yea; Rountree, yea; Wardle, absent; Borton, yea.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 9:
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 Ten Mile Road and Chinden
Boulevard
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April 11,2006
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Item 10:
Public Hearing: PP 05-037 Request for Preliminary Plat approval of 175
single-family residential building lots and 12 common lots on 38.5 acres in
a proposed R-8 zone for Irvine Subdivision by Dyver Development, LLC
- southeast corner of Ten Mile Road and Chinden Boulevard:
De Weerd: Okay. Council, I will open Item 9 and 10. We do have a conflict.
Rountree: Madam Mayor?
De Weerd: Yes.
Rountree: I'm going to have to recuse myself for Items 9 and 10.
De Weerd: Okay. At this point I would appreciate discussion with Council. This would
leave just two of you. Would you like to move forward -- certainly a quorum has been
presented, so it is your choice to want to go ahead with this Public Hearing or continue it
until you have a third member?
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: Seeing, that this matter was before the Council back in November and was
denied for a variety of reasons, I think I'd personally feel more comfortable in continuing
this hearing until at least Mr. Wardle is back and it can be considered by as many
members of Council as possible. Three. Is that --
Bird: I agree. I agree.
De Weerd: Okay. I apologize for anyone that is here for this Public Hearing. We would
have to say everything all over again when Councilman Wardle was here. So, we
apologize for any inconvenience. Who all was here for this item, if you can, please,
indicate? I apologize. It's better to have it all at one time. I will open the public
hearings, so that it will not have to be reposted. So, I'm opening the public hearings for
AZ 05-038 and PP 05-037 and would entertain a motion from Council to continue these
two public hearings.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I would move that we -- before I -- yeah, that's what I was going to say -- continue
AZ 05-038 and PP 05-037, public hearings to April 25th, 2006.
Borton: Second.
Meridian City Council
April 11,2006
Page 18 of 49
De Weerd: Okay. The motion is to continue Items 9 and 10 to April 25th. All those in
favor say aye. Okay. All ayes.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Bird: Why don't we get Mr. Rountree back in.
Item 11:
Public Hearing: AZ 06-007 Request for Annexation and Zoning of 59.88
acres from RUT to R-8 for Solitude Subdivision by Providence
Development Group, LLC - south of East McMillan Road and east of
North Meridian Road:
Item 12:
Public Hearing: PP 06-006 Request for a Preliminary Plat with 225
single family residential lots and 16 common lots for Solitude
Subdivision by Providence Development Group, LLC - south of East
McMillan Road and east of North Meridian Road:
De Weerd: We apologize for the convenience. Thank you. Items 11 and 12 are public
hearings on AZ 06-007 and PP 06-006. I will open these two public hearings with staff
comments.
Canning: I'm sorry, Madam Mayor. I gave the applicant my summary. I got to find my
extra copy. There we go. Madam Mayor, Members of the Council, this is the Solitude
project. It is located south of McMillan Road and east of Meridian Road, as you see
here. This is an application for annexation and zoning and preliminary plat. The gross
density is 3.8 units per acre. You can see the surrounding developments all within the
section there. It's pretty much fully developed at this point. There are a few phases
remaining on other developments, but this completes most of the section. The applicant
is proposing 225 single family residences on 59.8 acres and they are proposing R-8
zoning. We do not have elevations today for you. The Planning and Zoning
Commission has recommended approval at their March 2nd hearing. At that hearing
Becky McKay spoke in favor of the application. No one spoke in opposition or
commented. The key issues of discussion by the Commission were the construction of
the sidewalk along McMillan and Meridian Road with the first phase of the development,
including this five acre outparcel. The key Commission -- or the key changes to staff's
initial recommendation from the Commission were to include a provision in the
development agreement that addressed the off-site provision of sidewalks along the
Starkey property, I believe it's called, the five acre outparcel. In getting -- in preparing
for Council tonight, I noticed that the report was not amended to include that condition. I
have -- I have provided some suggested language for the condition that -- the
discussion all occurred at the Planning and Zoning Commission, but the staff report was
not amended correctly. So, you do have Findings tonight. However, I ask that you
allow staff to bring back an amended staff report to adopt with those Findings. Normally
if it's a development agreement condition I'm not too concerned about amending the
Findings, but just for the long term ability to understand what happened on this project, I
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April 11,2006
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would like to amend the staff report. To my knowledge, there is no outstanding issues
before Council. I do think that the applicant probably has some additional information
about that offsite provision of sidewalks along the Starkey property. And with that I will
answer any questions you may have.
De Weerd: Council, any questions for staff at this point?
Bird: I have none at this point.
De Weerd: Okay.
Canning: Madam Mayor, Members of the Council, one of these days Becky will
remember that if she gets me an electronic copy of her map -- they won't fall down off
the easel.
McKay: I will make a mental note of that, but we had to make some additions to this
last minute. Add some trees. Becky McKay, Engineering Solutions, 150 East Aikens,
Suite B. I'm representing Providence Development on this particular project. Just to
give the Council a brief overview, as Anna indicated, it's about 59.88 acres. It's the old
Starkey property. Mr. Starkey owns this 5.02 acres. He still resides in the home. It was
a one -- legal one-time split done in 2001 under Ada County's rules. Our project has
approximately 241 total lots, 225 single family dwellings. Our gross density is 3.8
dwelling units per acre. To kind of give you an idea, Amber Creek was approved here a
few weeks ago. It has 4.95 dwelling units per acre. We are requesting an R-8
designation and annexation. It's R-8 to the west of us and R-8 at Burney Glen to the
south. And it's R-4 here along the eastern boundary, which is Copper Basin and
Havasu Creek. In our particular design we minimized our access points. We have one
primary access here. We have no conflict with the school, because all of their access is
off of Meridian Road. This is a non-continuous collector with landscaping, center island
running along the perimeter of it, and, then, terminating right here with a two point -- I
think it's 2.8 acres. So, we have a large open space there. There will be play
equipment, a picnic gazebo, and a pathway going up to those facilities. Our second
access is located here off of Meridian Road and we also had three stub streets -- or four
stub streets, sorry, that we had to contend with. Burney Glen we had one and, then, we
have three in Copper Basin. So, those kind of drove our design in order make those
intersections. One thing that we did is we made sure that we had adequate landscaping
along this perimeter. We have 40 feet of landscaping on Meridian Road and 40 feet
along McMillan. We have a detached sidewalk running through there. And I know
Councilman Rountree is going to ask about the sidewalk, so I'm going to get there first.
The applicant has been working with Mr. Starkey to try to obtain an easement. I gave
Anna a drawing, if she could put it up there. I will go on and come back to -- we
prepared this exhibit and gave it to Ada County Highway District, requesting that they
prepare a sidewalk easement for Mr. and Mrs. Starkey, so that we could potentially
obtain their approval. In the beginning it appeared that Mr. Starkey was open to the
idea, not for the benefit of the highway district, but for the benefit of the middle school
children. However, after a meeting today when they showed him where the sidewalk
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April 11,2006
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would be located, it encroached into his yard beyond his fence. So, all of a sudden he's
taken a turn, he didn't think that was such a good idea. I have talked to Mr. Inselman.
There is 15 feet from edge of pavement to edge of existing right of way. We don't have
the canal to contend with like you had up there at Amber Creek. Therefore, Mr.
Inselman thinks that a temporary asphalt sidewalk would work there and we'd get
enough separation from that edge of pavement. As far as our amenities, we also have
exercise stations. We have a linear park here. When you come in off the Meridian
Road entrance, the inbound looks down this corridor, so we have access going east and
west and, then, these micropaths going north and south up to the primary central open
space right there. These exercise stations would be similar to what -- like you see if you
have ever been over to Hewlett-Packard's facility, they have pathways and you stop and
have a little pull-up bar and they have a little sign and I guess they are doing that type of
facility in another subdivision, so they thought that this linear park was an excellent
place to put that. Our open space we have got I think 12.71 percent total open space,
which I think is excellent, as far as if we take out our perimeter, mandatory landscaping,
we are still at 7.45. This is kind of an in-fill parcel based on all the development that's
going on around us. One thing I would like to mention is the applicant did agree to
donate the right of way to Ada County Highway District for this intersection here and
what's needed along McMillan and Meridian Road. They are also working with the
developer of Paramount and the school district to facilitate getting this intersection
improved to full buildout prior to that school opening up. So, they are doing their part to
try to expand that infrastructure out there. Your sewer is right here at the corner. That
is our designated trunk. It will come through here and take the Havasu Creek lift station
off line. That was a temporary lift station. We have got a 16 inch water main in
Meridian and a 12 inch water main across our frontage on McMillan. So, all services
are there. And we basically are surrounded by the city limits. We are kind of an
enclave now. Do you have any questions?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Becky, I appreciate the way we backed up and our lot size goes against the
existing ones. I see they are the exact same size. Appreciate that.
McKay: Thank you, sir. Yes. I made sure they were.
Bird: And on the -- you were talking about what Mr. Inselman had said on -- regarding
the path -- or the sidewalk that goes through Mr. Starkey's place, something about
asphalt and we wouldn't encroach upon his fence?
McKay: That's correct. Mr. Inselman believes that the 15 foot between edge of
pavement and existing right of way line would work for the temporary five foot asphalt.
We just -- I mean that's --
Bird: And that's agreeable, as long as it don't--
Meridian City Council
April 11,2006
Page 21 of 49
McKay: It would be in the right of way. So, we wouldn't have to obtain his permission.
So, we will, obviously, make another run at Mr. Starkey. Mr. Inselman said he would
be glad to attend that meeting and he kind of -- Mr. Starkey indicated today that if
ACHD wanted something, he wanted them to come and talk to him. So, we may get her
done, but we have plan B, because I know the continuous sidewalk is an important
issue with the Council.
Bird: Madam Mayor, could I follow up?
De Weerd: Mr. Bird.
Bird: Anna, is that okay with staff if we do something temporary like that until they can
get Mr. Starkey's deal and not hold up a project because of the development
agreement?
Canning: Madam Mayor, Members of the Council, Councilmember Bird, I believe even
on Amber Creek they left options open that if they weren't able to get that easement,
then, to do one within the right of way. So, staff is comfortable with that.
Bird: You're comfortable. Okay. Thank you.
De Weerd: Okay. Any other questions, Council?
McKay: Mr. Hubble would like to show the Council some of his elevations, so I will turn
the podium over to him, if he could have a few minutes.
De Weerd: Thank you.
Hubble: Madam Mayor, Members of the Council, Don Hubble. My office address is 701
South Allen Street, Meridian. And if it's suitable for you guys, I would take about ten
minutes and just show you our architecture, if that's appropriate. It's probably not
customary at a Public Hearing, but --
De Weerd: You have six and a half minutes.
Hubble: Okay. I'll talk fast. I'm going to show you a little bit of strategy. We have done
a very deliberate strategy in the way we do our design, in that we want to know our
buyer, know the market, and deal with actual data. So, in the survey that we submit to
home buyers that buy not only our homes, but all homes, we get 30 percent response
that say they'd like more space. If they had an extra 5,000 dollars to spend they'd take
a larger home, so -- and, then, we ask them again another question, if they had an extra
10,000 dollars to spend, 25 percent say they'd take a larger home. So, we take that to
heart and that has become our battle cry and more space for less money. We also
know the market by watching the MLS data and home buyer trends. We watch
household incomes. And, then, we understand how that correlates to monthly house
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April 11.2006
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payments. So, I just wanted to show -- this is the information from the Multiple Listing
Service for homes sold in north Meridian in the last 12 months. You can't hardly read
this, but the shaded area is the -- part of the graph we call the heart of the market and
that runs from a low side of about 155 -- 155,000, to a high side of about 305,000. So,
as you can see, the vast majority of home buyers spend in that price range. This is the
same data shown in a different curve. It shows the price on the vertical axis and the
square footage on the horizontal axis. And the blue line there is the computer-generator
regression line that shows -- this is for both resale and new homes, what the mean price
point is in our marketplace. Now, that same heart of the market is shown in that yellow
shade again. So, our objective is to keep our prices within that. And you can see the
magenta line, that will be the prices that we will offer in our base price at Solitude Place.
So, we study this and there is a reason for us to come back with more space for less
money and this is the justification. So, quickly, then, I'm going to show -- oh, this is -- to
reiterate, I guess, the household income. This is a December number showing that the
average household income in Meridian was 58,000 dollars and you kind of see from
comparisons of different industries down at that bottom, but that correlates to a house
price of 210,000 dollars with a monthly payment of 1,590. So, that's your -- what your
average household can afford in the City of Meridian or elsewhere. So, based on that
here is our product. We will offer in Solitude Place 13 different floor plans and 52
different elevations. So, for every floor plan -- and you can see the size of the plans
there on the left. I won't read them. So, for every one of those we have a minimum of
four elevations. So, that gives us our 52 combinations. If you add some other options
that we offer, we have a ten percent brick option, a 30 percent brick, hard board, stone,
third car garage -- there becomes 312 different combinations of exterior elevations. So,
as far as the streetscape, we are going to have a lot of variety to offer and really mix
things up. And, then, that doesn't even mention some of those other things at the
bottom. We can change the shutters, change the front door, the garage door, the
window grids, and, then, offer various colors, too. So, a lot of combinations. So, here
they are. We took one plan -- this happened to be a 3,500 square foot plan and showed
-- I'm going to show you the four different elevations. This is what we call Elevation A.
It has the gable roof, an eyebrow eave over the garage, the colonial grid windows, a full
covered porch. You can't hardly see from the rendering, but there are garage columns
on both sides of the garage to give it at least another architectural dimension. And,
then, we have slat shutters. I'm going to go from there to Elevation B. This is a full
stucco exterior, two tone stucco. It has an additional gable over that upstairs bedroom
there. It still has the eyebrow roof over the garage, colonial grid window, full covered
porch, garage columns and board and back shutters. So, a different look. Elevation C
is now a combination of siding. You can see the change in that upper elevation. And,
then, it's still got the two hips or the gables in the front, but a hip roof, the eyebrow roof
over the garage, perimeter grid windows, the covered porch, and, then, a garage
column. And, then, Elevation D is a two tone -- it's a combination stucco and the shake
siding. You can see the gable portion of the home. It's got that shake siding. It's got
the one front gable with a hip roof, the eyebrow roof over the garage, perimeter grid
windows, the full covered porch, garage columns, and traditional shutters. So, we can
take those same combinations of elevations for every one of our plans and mix things
up. We have modified our basic architecture for this project and we wanted to show you
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April 11,2006
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what we are proposing to build out here. We are definitely open for any suggestions,
but we feel very proud with the product we have got. We think that we have got a whole
host of options for our homebuyers. I guess we had another plan, but in the essence of
time I won't go through that -- let's see. Back to that last one. That was just an example
of some rear architecture options that we have also, with some covered porch options.
You can see a gable cover and, then, a -- just a shed roof on that middle one. So, we
have got alternatives for the rear of the home to help break up the architectural
dimensions.
De Weerd: Thank you.
Hubble: I'm available to answer any questions.
De Weerd: Would you like to explain anything else or do -- you haven't been beefed
yet.
Hubble: I could show you one more plan. Let's show another -- okay. The other series
of homes are 50 feet wide. So, that kind of minimizes the garage a little bit. Shows
more home than garage. And this is our Elevation A for this series. So, we will be able
to build both of those series out here in this subdivision. That's our Elevation A. Here is
Elevation B. Full stucco, two tone color. Elevation C for that plan. And, then, the
Elevation D with the hip roof.
De Weerd: Okay. Council, do you have any questions for Mr. Hubble?
Hubble: Thank you.
De Weerd: I appreciate you showing these. I know I've always given you a hard time
for boxes. So, I appreciate that.
Hubble: I could call this -- we did this for you, Madam Mayor.
De Weerd: Thank you.
Canning: Madam Mayor?
De Weerd: Yes.
Canning: Members of the Council, the rear elevations, just to explain why they
presented those to you tonight, is that they did talk about those as available options,
particularly where those houses face the public streets, where they face Meridian and
McMillan Roads, so --
De Weerd: Yeah. I believe that was the esthetic value along the arterials and entry
corridors into the subdivision; correct? Okay. Thank you. This is a Public Hearing. Is
there anyone who would like to provide testimony on this application? Well, you did your
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April 11,2006
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homework well. Do you have any final remarks, Becky? Okay. Okay. Seeing that
there is no further testimony and no questions from Council, I would entertain a motion
to close the Public Hearing.
Rountree: Madam Mayor, I move that we close the Public Hearing on these two items.
Bird: Second.
De Weerd: Okay. Motion to close the Public Hearing on Items 11 and 12. All those in
favor say aye. All ayes. Motion carries.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we approve AZ 06-007, the request for annexation and zoning of 59.88
acres on Solitude Subdivision and in the -- and to take the applicant and the staff's
comments regarding the sidewalks at certain locations if they cannot get the sidewalks,
that they will put temporary ones in the right of way -- path of right of way. Am I not right
on that?
De Weerd: Uh-huh.
Bird: And to make sure that the development agreement shows that.
Rountree: Second.
De Weerd: Okay. I have a motion and a second. Anna, was there any other
clarification that you had suggested?
Canning: No, ma'am, Members of the Council. It's clean. It was just that we forgot to
add that development agreement provision. So, we will go back and amend the staff
report and include that.
De Weerd: Okay.
Bird: You will add that to the findings, won't you -- or to the development agreement?
Canning: Yes.
Bird: Oh, it's already in the development agreement.
Canning: Madam Mayor, Members of the Council, we don't -- the Findings don't really
address the development agreement, except in the staff report it talks about what is
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April 11,2006
Page 25 of 49
being proposed for the development agreement. So, we will revise the staff report to
reflect development agreement and provisions. Right now there is not even a mention
of a development agreement, unfortunately.
De Weerd: So, those Findings will come back?
Bird: Yeah. The Findings will have to come back.
Canning: We can bring them back if you'd like to. The Findings for the annexation and
the plat are, actually, okay. It's just not very clear as to what Council wants to do with
the development agreement. The development agreement is, really, not a Public
Hearing item like the other two that you're adopting Findings for. So, I want to amend
the staff report just so it's clear, but I'm not sure it needs to come back to you. We can
just amend it that the applicant has stated that they are okay with the language I have
proposed and we will put that as part of the development agreement discussion.
Bird: That's fine with me. I mean that's -- as long as it's fine with legal.
Baird: Yeah.
De Weerd: Okay. That works for Mr. Baird. Mr. Berg, will you, please, call roll.
Roll-Call: Bird, yea; Rountree, yea; Wardle, absent; Borton, yea.
MOTION CARRIED: THREE AYES. ONE ABSENT.
De Weerd: Okay. Item No. 12.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we approve PP 06-006, the request for the preliminary plat for Solitude
Subdivision and also pass the Findings.
Rountree: Second.
De Weerd: Okay. The motion is to approve Item 12. If there is no discussion, Mr.
Berg.
Roll-Call: Bird, yea; Rountree, yea; Wardle, absent; Borton, yea.
MOTION CARRIED: THREE AYES. ONE ABSENT.
De Weerd: Mr. Hubble, I would like to compliment you. You have tried to gain ideas
from this Council and myself on what kinds of products we wanted to see in our
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April 11,2006
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community. You have addressed some of our concerns on roads and donating right of
way for the roads in the intersection. You have addressed off-site improvements that
certainly this Council has been interested in the safety of the kids in getting them to our
schools. We appreciate that and thank you.
Item 13:
Public Hearing: AZ 05-067 Request for Annexation and Zoning of 6.9
acres from Ada County RUT to R-15 Medium-High Density Residential
zone for Casa Meridiana by Insight Architects - 1777 Victory Road:
Item 14:
Public Hearing: CUP 05-060 Request for a Conditional Use Permit for a
32-unit multi-family development in a proposed R-15 Medium-High
Density Residential District for Casa Meridiana by Insight Architects -
1777 Victory Road:
De Weerd: Okay. Items 13 and 14 are public hearings on AZ 05-067 and CUP 05-060.
I will open these two public hearings, 13 and 14, with staff comments.
Canning: Okay. Madam Mayor, Members of the Council, this is the Casa Meridiana
project -- it's not located at Medford Place. There we go. It's located at the corner -- the
southeast corner of Locust Grove and Victory. And this is a request for annexation and
zoning and conditional use approval. The gross density of the project -- I'm going to go
down to the colored one. You can see the units here, although this is not the current
proposed layout, but it shows a little better in color. But these are a combination of 31
units on one lot. So, it is a multi-family development. You will notice that these units
are in pairs of twos, as in this case, or threes, as in the larger units are threes. So, here
is three, two, two -- so, varying combinations of one, two, and three units standing
alone. This does require -- because it is multi-family it does require a Conditional Use
Permit and you are actually seeing that application before you tonight. The Commission
has -- because these are coupled together with the annexation, the Commission has
just recommended on the Conditional Use Permit, rather than made a final action.
Okay. So, this is our current layout. And I will let the applicant explain more about the
layout. I did want to point out that the overall density is 4.6 units per acre. Normally we
would see that kind of development in an R-8. They are asking for the R-15, because
that's the first district that allows a multi-family development. It is prohibited in an R-8
development -- or R-8 district. We do have elevations. As seen here. The Commission
heard this item on March 16th and they have recommended approval. Russ Phillips,
the applicant's representative, spoke in favor of the application. No one spoke in
opposition. And Eric Oaas, the applicant, did comment on the application. The key
issues of the discussion by the Commission were gates. The original -- it gets a little bit
confusing. The applicant, when they first came to us in pre-application discussions,
indicated that they wanted to do gates. We informed them that the code did not allow
that. So, they withdrew that, but it's still been very much a topic of discussion with this
application. We have talked to them about doing a text amendment. That has not been
submitted, but we do understand that they may be moving that direction. Other issues
of discussion by the Commission included high groundwater, cut-through traffic, private
streets for what is, essentially, a single family residential or attached residential
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development. Some townhouses. Interconnectivity of the private road system.
Currently they are proposing these as private roads. The Planning and Zoning
Commission -- I'm getting ahead of myself. Sorry. They are currently proposed as
private streets or private roads. There was discussion of redesign of this development
to provide internal access from adjacent properties, either to the south and/or to the
east. Discussion about access to major road systems or local roads access only, kind
of tied with the previous one. And, then, emergency service drives, instead of stub
streets. And I believe that discussion was for this extension here of the private street.
The key change to staffs initial recommendation was to require that this kind of
generally north-south street that connects to the south be a public street. So, the
outstanding issue before the City Council as presented in the staff report, there is a
couple. One is the site design considerations that each unit needs provide a 20 by 20
parking pad. And, then, some questions about the fencing plan along the common
open space and along the perimeter of the site. And, then, again, the public versus
private streets. That system. This is a -- as shown is a very narrow street and to make
it a public street will require some site redesign. It also would require that the applicant
submit a preliminary plat, because you can't dedicate a roadway, except through
preliminary plat process. So, that is still an outstanding issue for the Council. Those
are the issues as presented in the staff report. This project has been very difficult for
staff and for the applicant and for me in that what they are proposing technically meets
the code and so the staff report focuses on how this project meets or does not meet the
specific code. However, this project takes our code in several directions that I'm very
uncomfortable with and the applicant and I have talked about this. I presented a memo
to the Planning and Zoning Commission. We have had other discussions with them and
their attorney. And I want to let the Council know what those concerns are and where
I'm headed with those. Again, it's -- the major one is this public versus private street
system. And I'm happy to say that the fire marshal and I completely agree on a street
issue and this is the one, so that was cause for celebration, perhaps, but -- when we
were doing the Unified Development Code, the fire marshal was particularly concerned
with having some means of addressing multi-family developments and for commercial
developments where they didn't have a public street that went into the depth of the
project. So, we added the private street provisions -- we had private streets allowed
under the old code and what they basically mimicked was the standards for the reduced
right of way section for Ada County Highway District, because we wanted -- we didn't
want people -- the old code didn't want people using a substandard street and calling it
a private street, just so that they could avoid ACHD standards. So, those private street
standards were, really, based on ACHD standards. Well, no one ever used them. They
just figured if they have got to build a comparable street, then, why not dedicate it to the
highway district and have them maintain it. So, no one was using those. So, the fire
marshal and I saw an opportunity to allow private streets as part of the Unified
Development Code strictly for addressing purposes. It was for multi-family
developments where you come in off a commercial drive aisle, you have 90 degree
parking and, usually, you have a system of interconnected drive aisles that get you
through the apartment complex. It was a way to name those drive aisles, so that the fire
department and the police department could respond to emergencies, rather than just
having, you know, a hundred addresses listed out at the front of the property and this is
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how you get in. And any of you that have ever lived in an apartment complex or tried to
visit someone in one, it is very difficult to find your way through those sometimes. So,
that's why we started the private street provisions. It was not to start an alternative
street standard for residential development. It was just for multi-family for addressing
purposes and for commercial addressing purposes. Well, because this project is
technically multi-family, they are able to ask for the private streets. They do plan on
condominiumizing -- try and say that one fast. They do intend on doing a condominium
plat to make those -- each of those residences an individual ownership. But it will be
done for a condominium process. So, I'm very concerned, one, that we are setting a
precedent by this project regarding the use of private streets for, essentially, single
family homes. The other precedent I'm worried about, along with the fire marshal, is
that this may set a precedent regarding these private streets in order to just have
reduced construction and development standards for a residential development. You
know, this should probably meet the same standards that another attached single family
or townhouse project would have to meet and currently they don't. Moving onto the next
issue. It's the interconnected street system. As it's shown now, they do have a stub
going south, but if they move forward with this whole gate discussion, which has been
discussed quite a bit, because they don't want cut-through traffic, then, we are losing
that interconnected system. And it's very important here. You have a very -- this one
shows it better. You have some severe physical constraints. You have got two
irrigation facilities that are quite large, both in this area. So, you really have one
property that's to the south and one and a half or two properties to the east, along with
this one, that all have to interconnect. I don't know if this is Tuscany Village or Tuscany
Lakes, but this Tuscany project here does not stub into this area. And, then, the rest of
undeveloped land in the section is the DeChambeau property and currently we do show
that as a neighborhood center. So, the idea is to get folks moving toward that
neighborhood center for their services, for their local retail, you know, to go buy coffee,
to go buy ice cream, to have a central gathering place there. This project does have
one going to the south, but it doesn't have one going to the east currently. The gate
issue -- and the interconnected issue and the gate issue are closely tied. As I
mentioned before, the applicant's original solution -- they were rightly concerned that
this would become very much cut-through traffic and so their solution was to have gates
on that and, again, it's not part of this application as it stands, but it -- just the discussion
keeps on coming up. And the gates don't seem to offer any other security or amenity
feature, they just seem to be mostly designed to cut -- to prevent cut-through traffic.
But, again, with the Comprehensive Plan we talk about this interconnected street
system quite a bit. So, I'm concerned about the precedent that this project may set
regarding interconnected streets, one, and gates as it moves forward as the other. If we
are approving a design that needs gates, then, maybe that's the question. Do we
approve it or do we annex it, rather than do we allow gates. Finally, the issue of the
condominium plat is -- concerns me. As I mentioned before, they are requesting R-15
zoning. They are about 4.6 units per acre and the reason they are requesting it is to --
so that they can allow -- as for this multi-family development and, then, in turn, do a
condominium plat. You won't see the condominium plate. It's an administrative
approval under the Unified Development Code. What the UDC says is that a
condominium plat application for property in any district may be processed as a short
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plat where no new development is proposed. Now, this is another one of those ones
where, you know, we were trying to do the right thing and maybe opened up a can of
worms here, because where we were starting to see these condominium questions
come up was not in residential, it was in commercial, and in a commercial you're
allowed to have multiple buildings on a site, so -- and even multiple ownership within a
building was not really a concern. It's, you know, instead of a leased space, it was a
condo space. And we had seen the struggle that these commercial properties were
facing when they came in to do a condominium plat, having to go through a four or six,
nine, 12 month process to get the condominium plat done. So, we said, okay, well, if
the development's already proposed -- or approved, there is no need for City Council to
see a condominium plat, because it's not changing the land use. And that's very much I
think the -- Mr. Watson would say very much in keeping with what the intent of the
state's provision regarding condominium plats are. In this case where we have got a
residential property, it gets very tricky, because so much of our residential standards are
based on ownership. You have single family attached -- a duplex is different from single
family attached and physically they are the same structure almost, it's just you have a
lot line under one. And multi-family is different from a townhouse in that, again, you just
have these lot lines sitting under these houses that the built form looks the same, but
the ownership really plays a very much different role. So, we have got, through the
condominium process we are, again, kind of not developing to the same standards. It's
kind of like the private streets, where we are setting a different standard for this -- this
development could set a precedent for allowing a different set of standards by using the
condominium plat process. You know, when we did the UDC we sat down with all the
development community that we could gather at the table and said, you know, we don't
want to be doing planned developments anymore, we want consistent standards across
the board. We want all -- you know, we want to meet what your standards are, but we
want them all to be the same. And now we are opening up this condominium process to
basically have a whole different set of standards on every project that comes through
again. So, I'm very much concerned about the precedent that this project may set
regarding using condominium plats in residential developments. You do have Findings
for approval before you tonight. Although the staff report does recommend that you
have the applicant submit a site plan that depicts the public streets and the other site
design considerations pointed out in the staff report. And with that I will answer any
questions. I know that was a long presentation by staff and it's a little confusing, but I
am concerned.
De Weerd: I know. I was going to ask you to summarize five minutes ago. I do have a
question. What is -- now, my parents lived in condominiums and, actually, I did a
presentation to an older group of citizens that made the comment, as the baby boomers
begin to age, we need to start paying more attention to the type of housing they desire
and these were probably the first of the baby boomers that are hitting that retirement
age. And they are very interested in condominiums. What is the difference between
this and townhouses, other than you're owning lots, but not the land? Is that -- or you're
owning the house and the land?
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Canning: With a condominium you own airspace and, then, the land is held in a
common association. So, all the land and all the structures are held in the association
and, then, you own an airspace. You own from interior wall to interior wall.
De Weerd: Okay. And that's what my parents owned and they preferred that.
. Canning: And I didn't mean to say that I have a problem with the condominium
ownership, I just have a problem with the difference in standards that we are using. If
this were a townhouse development this would have to meet much more rigorous
standards. So, I'm worried about the equity between different forms of ownership.
De Weerd: Okay. So, we are not looking to exclude condominiums, but they have a
different process than, apparently, this one is coming in under?
Canning: Right. They -- I guess optimally I would like to see this development have to
meet the same standards as say a townhouse development would have to. They have
a mix of single family -- single family detached, single family attached, and townhouses,
if they were on lots. And, again, they don't have frontage on a public street. Right now
they don't have the 20-by-20 parking pad. They don't -- they have a 24-foot street,
instead of a 33-foot street. I mean it's just the standards are very different in how this is
being able to develop, because they are going through as a multi-family development
and, then, with the intent of doing a condominium plat in the future.
De Weerd: Okay. Council, do you have any questions?
Bird: Not at this time.
Borton: No.
De Weerd: Okay. Is the applicant's representative here? You got into planning, uh?
Butler: I did. Good evening. Joann Butler, 251 East Front Street, representing the
applicant. And I'm just going to stand here for a moment. We'd like to start our
presentation with an overview by Russ Phillips, the architect, and, then, I'll come back to
the podium, and Eric Oaas will summate -- do a summation. Thank you.
De Weerd: Okay. You have -- okay. So, you all have a collective 15 minutes.
Phillips: Okay. Madam Mayor, City Council, I'm Russ Phillips, with Insight Architects,
2238 Broadway Avenue, Boise, Idaho.
De Weerd: Thank you.
Phillips: And we do have a CD that is right here. We are proposing a small
development on 6.9 acres that we feel really implements recommendations and
guidelines as set forth in the City of Meridian Comprehensive Plan, by offering social
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and economic diversity and a variety of higher end housing. We are accomplishing this
by providing owners -- owner-occupied residences with high quality materials and
design, a mixture of attached and detached owner-occupied residences. We are
promoting social, economic diversity within the city in a variety of ways, yet within a rural
setting. We are taking some natural features and vegetation type environments that are
there now and trying to make those features and we are looking at exteriors that will be
maintained by one organization, one entity, homeowners association. Next slide,
please. As pointed out, this is our site right here. It's a unique site. It's bound by
Victory Road, which is at the time of our application deemed a collector. And, then,
Locust Grove as another collector. Next slide. As pointed out by Anna, this was our
initial presentation, 32 units. And I'd like to say that Oaas Laney, the developers of this
property, are extremely community-oriented and conscious and thoughtful in their
developments. For example, in this one we have been -- they have been taking a look
at the -- a number of factors for a year now, considering -- meeting with city leaders,
citizens in the community, and conducting several focus groups to ascertain the type of
development that the city is looking for. We are -- the intent is not to try and stretch or
divert from standards that are set and policy. What we are trying to do is create the
diversity that we feel Meridian has been looking for. And to do that it takes thinking
outside the box. And we have to compliment staff. I think staff has been very helpful in
helping us work through these issues. We understand that they -- staff is somewhat
constrained by their assignments and in this case we are -- what made sense to us was
to accomplish this layout with private streets. The main premise is that we have got an
existing -- a seasonal feature, water feature, that runs through this area and we wanted
to site the homes first and look at how people in this environment would want to live in
their homes, what they would want to see, considering noise from these two collectors,
sun orientation on back patios, noise, and so forth. So, we -- if you look, it's not a
standard grid. We have oriented minimal -- these homes so that there is minimal impact
along these streets. Where there is a patio area, we have got a screened wall. But the
idea is, really, for focus inward in a community that provides young professionals or
empty nesters with an alternate housing environment that fits their lifestyles. The idea
is they can work in downtown Meridian, St. Luke's, other areas in Meridian, and not
have to travel from Eagle or Boise or other communities to enjoy this type of lifestyle.
We have -- this is an amenity enhanced area, not only with the water features --
seasonal water features, but abundant open space. Each unit has its own private patio
and yet it shares on common areas as well. We have an activity building, a pool,
hibachi courts. The theme is built around a southern -- a Mediterranean type lifestyle
and so we picked activities that fit within this type of community. These are -- these are
very nice homes as far as -- they are roughly 22, 23 hundred square feet. They have
upstairs and downstairs to each -- each of them. They have three bedrooms,
essentially, but we have a -- several mixtures of rec rooms upstairs, library or master
suites or a guest suite upstairs as far as bedrooms. Downstairs we have got roughly
1,500 square feet in each unit. They are townhomes. We need to design them for the
UDC multi-family housing standards. They are townhomes. They are connected. But
in lieu of having walls of homes facing your community, we elected to break those up
and a benefit from that is that the focus group -- some people would like to have a
stand-alone home, others would rather share common walls and we worked with the fire
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April 11,2006
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department extensively, with Joe Silva, regarding private streets. He is very
comfortable with a 24 foot street width that we propose. The cul-de-sacs meet his
requirements and, then, we have areas between the buildings so that fire truck access
and hoses can reach between each of these buildings as well. Private streets is what
makes this development work. The Commission had various opinions from we need
connectivity regardless of the development, to one Commissioner stated I don't know if
connectivity is really important in this instance. Next slide. What we are proposing
tonight is -- is not a gated community. We have -- it seems that one of the concessions
we made was to eliminate the Locust Grove access to created emergency access
stubbed to the south grass-creet, so that emergency trucks can still come along this
area. We would have bollards. And we would have one point of access off of Victory
and with a private street we are allowed to have some parking at the activity center that
can back into the private streets. The street widths are narrowed down, so that we can
accomplish the 24-by-24 parking pads and we did lose one unit due to the loss of
Locust Grove egress, but the developer is willing to work with that. Connectivity is -- we
do not have vehicular connectivity, except for emergency access to the south, which is
what this was a requirement by the Commission. And we do have pedestrian
connectivity to the south and to the east that if there is a regional shopping area off to
the east or neighbors to the south, there is no reason to jump in a car and drive there,
that with our environment and gas situation and so forth, that we'd rather encourage
people to walk. And this is a small area if you look at the entire area. And so walking
really makes a lot of sense. Next slide. I'd like to just flip through quickly some slides
and, then, let Joann speak. Next slide. These are ideas of -- this is where we got our
images from. Next slide. These are from the type of -- same materials, stucco, clay tile
roof. Next slide. Next slide. Next. Next. Next. Next. Next. Next. Next. And each
one will have -- next slide, please -- will have a trellis area. Next. And at this time I'd
like to turn this over to Joann.
Butler: Thank you. Joann Butler. And I'm going to talk a little bit about a planning issue
before I get into a legal issue. Let's see if I can make this out. What this slide
represents is not Casa Meridiana. It represents where I used to live. This -- let's see if I
can do it. I'll have to go up here and see.
Bird: Grab the mike there, Joann.
De Weerd: She's talking to herself.
Butler: I am talking to myself.
Bird: Just us old guys are supposed to do that.
Butler: Okay. I'm not sure if I'm going to do this exactly right. But this particular house
is -- yeah, it is. This is my house or -- we just moved from here. And I just want to
comment on the pathway and the connectivity. You have got an area down here in
Meridian that is fairly secluded because of natural and other borders. What I had in my
house was a neighborhood over here. I was in this neighborhood. There was a creek
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here and another neighborhood over here. Right along my side yard was an
emergency access and a pedestrian pathway that led over to this street. This is how I
met all of my neighbors. In fact, I was so oriented because of this pathway, that this is -
- this became my neighborhood. Not where I drove in, but this. It's a very effective way
to insure that you don't have vehicular traffic going through an area and cutting through
and that is one of the main things that you do ask for in your Comprehensive Plan as a
goal, is to prevent cut-through traffic. And so the only reason this slide is up there to
say I'm just giving you a personal anecdote of where not only did it work, but it worked
well and it brought neighbors together, because they were on their feet, they were
walking through what amounted to your yard, and it's a very good technique for
connectivity. Now I just want to talk a little bit about the legal issues, because this is a
really very important issue and it's so important that by the time I get done with this I'm
going to suggest that we table this matter and we ask your attorney to look at it for a
week until next week and I'll explain why. As Anna said, what we are interested in is
consistent standards. And that's exactly what we are trying to do here is treat things
consistently. Like things alike. And so bear with me as I go through a little bullet point
of what things you already know. First of all, I'm going to talk about some state statutes
and I'm going to talk about the local Land Use Planning Act, which deals with use. Not
ownership of land, but land use. The act enables you to create a comprehensive plan
on 11 components that you have to address. None them are ownership. The act
enables you to draft a zoning ordinance and regulate height, size, setbacks. It
absolutely says nothing about ownership. And that's for a very good legal reason.
Zoning restricts the limit that land can be used and not based on the identify or the
status of users, because if you do that, generally, your ordinances are going to be held
invalid. The proper concern and the focus of zoning has to be on the use of the
property, not the form of the property's ownership. Anything else raises very important
due process and discrimination concerns. The Idaho Condominium Property Act
establishes condominiums as a form of real property ownership, so it becomes a single
family ownership in the condominium format. The condo act also says that zoning
ordinances must -- must treat structures alike, regardless of whether the structure is
zoned as condominiums or is owned as an apartment and leased. So, a multiple --
meaning more than one, family building must be treated like any multiple family building
regardless of the fact that the ownership is in the form of a condominium. Your
Comprehensive Plan talks about transportation. It discourages cut-through traffic. It
encourages pathways along the lines of what I'm talking about here. It calls for diversity
of housing types. The UDC, again, governs land use, not ownership in any way, shape,
or form you do not address the status of folks. The UDC does allow private streets in
multi-family developments and now it's very important here to talk about what your code
defines as multi-family developments versus multi-family dwellings. A multi-family
development is anything with three or more homes. They could be individual detached
single family. They could be multi-family structures with more -- three or more units in
them. But a multi-family development is very different from a multi-family building. The
UDC goes on to explain that private streets are not intended -- they are intended in
multi-family developments, but the UDC -- and I'm looking at 11-3F-1 for later -- is that
private streets are not intended for single family, other than those that create a common
mew and that is a design technique that, obviously, you are championing where you're
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creating private streets and mew comes from an old English term meaning formerly
private stables turned into homes and that's what you're trying to create, more of a
private cul-de-sac type of situation.
Canning: Not cul-de-sac.
Butler: That's what the definition is. I don't know what you were considering. But be
that as it may, I just wanted to say that the UDC says private streets are intended for
multi-family development. I would think that the language of the UDC may be -- may be
in need of tweaking. It appears to me that the private streets are intended for multi-
family developments that include multi-family dwellings, not intended for multi-family
development that are included in detached single family. But that's not what we have
here. This would be in keeping with state law, which requires multi-family dwellings to
be treated consistently no matter what the ownership is. The private street
requirements are met with this application. It meets the design criteria. There is no
detriment to others, especially because it promotes a comprehensive plan for no cut-
through traffic. It may be that you have a real concern about private streets in Meridian
and that may be and I have no idea -- it sounds like it from the fire department's
perspective. As long as you have private streets, you just have to use them consistently
with the same kind of structures. And that's all we are saying here. It's not pressing the
envelope, it's saying just be consistent based on the type of dwellings that are being
involved, not on the ownership, because that's where the slippery slope of
discrimination comes into play. So, if this city wants to look into ending private streets,
then, I think that's certainly within the purview of the city, but for right now with multi-
family dwellings, I think it would be inconsistent to treat it any other way than to allow as
was requested the private streets. I know that's 180 degrees from what Anna is saying,
because she's talking about ownership, and so that's why I do think it really is an
important issue for the city to grapple with and I would suggest that maybe some time,
even just a week, be taken to look at it. Thank you.
De Weerd: Thank you. You probably have 30 seconds, Eric, since your colleagues
here have taken all your time.
Oaas: Eric Oaas.
De Weerd: Okay. Time's up.
Rountree: But good to see you anyway.
Oaas: Oaas Laney, 519 West Front in Boise. Madam Mayor, Council Members, I
appreciate the opportunity to speak. I think the only thing that I would say is that we
have -- what we have tried to do with this development is we have tried to do something
maybe a bit different, maybe like Russ said, thinking out of the box a little bit. But what
we wanted to add to Meridian is to add some diversity in terms of development projects
that maybe attract some people that Meridian is losing. We believe that this project,
because of its -- because of the nature -- because of the dual income, no kids folks, plus
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the empty nesters, this is an amenity rich subdivision that really -- really offers
something that we don't think the City of Meridian currently has and right now we are
afraid are going to Eagle and going elsewhere. Now, the gates on the community would
be nice, but we understand that the city really hasn't looked very favorably at the gates
issue. But having said all that, we truly would like the city to take a good hard look at
this. We have designed it in a way that we think is very accommodating, but at the end
of the day we want to bring some diversity to the city that we don't think it currently has.
Thank you.
De Weerd: Thank you.
Oaas: And do you have any questions?
De Weerd: Council, questions?
Bird: I do have some questions, but I think that what Joann brought forward, if we was
to continue it I can ask at that point. There is a couple of clarifications I'd like to get, but
one of them has to come from our fire department, which I will get.
De Weerd: Okay.
Bird: I don't need it now, no. Not unless we are not going to continue.
De Weerd: Okay. No questions at this time.
Oaas: Thank you.
De Weerd: Thank you, Eric. Is there any testimony on this application? Okay. Now is
the time for your questions. Mr. Baird.
Baird: Madam Mayor, Members of the Council, I do appreciate the approach that
counsel for the applicant is taking here. She's bringing forth some issues that are best
probably not discussed in a Public Hearing and I think I would appreciate the
opportunity to sit down with the planning department. I'm not sure if we are really
talking about ownership or if we are talking about a distinction between single family
attached and condominiums. I think that's kind of what the planning director was getting
at is we have certain standards for single family attached that are vastly different from
multi-family. I'm not sure if this is an unintended consequence of the Unified
Development Code, but those are all things that I think a week or two to look into we
would all benefit from.
De Weerd: Okay. Council?
Borton: Madam Mayor?
De Weerd: Mr. Borton.
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April 11,2006
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Borton: It makes sense, in light of Mr. Baird's comments and what Ms. Butler had
recommended, that the matter be set over for a couple of weeks for this work to be
done. And with that I would move to continue Public Hearing AZ 05-067 and CUP 05-
060 for two weeks to April 25th.
Rountree: Second.
De Weerd: Okay. I have a motion to continue this to 4/25. All those in favor say aye.
MOTION CARRIED: THREE AYES. ONE ABSENT.
De Weerd: That's April 25th. Mr. Rountree.
Rountree: You didn't give us an opportunity for discussion, but --
De Weerd: After a motion like that you don't have discussion.
Rountree: I'd just like to be on the record that this does create some issues for the city,
obviously, and certainly for the developer. Having been involved in far too many
nightmares on Idaho Street over the past years and with the concern that staff has and I
think the genuine desire on the part of the application to create a real quality community
for the City of Meridian, I would very much like to see us get together and get this
worked out, so we aren't back here at some point in time in the future trying to rectify the
sins that we both created from one another. With respect to private roads, we are now
seeing private roads that have been approved in the past in the City of Meridian coming
back to be vacated in order for ACHD to take them over at the desire of the residents
within those closed communities. So, it is an issue that we are dealing with. And I think
the issues of the various standards -- and I appreciate everybody's comment that we
want uniformity in what we see. I think we can reach resolve. It might take more than a
week, but I would hope that the next time we see this that staff is comfortable, so we
can be comfortable and myself in particular, because, again, I don't want to create
something for a future Council that they have to solve as it relates to a bad line or a bad
plot or a bad piece of planning that went on at this point, when it could have been
corrected and not create a future problem. So, I just had to say that.
De Weerd: I appreciate that. And I think that's, too, what the applicants were trying to
give time to to work through. Personally, this is the kind of development we would like
to encourage. So, if there is a way we can figure out how best to bring these kind of
developments in that meets both goals, the goals of the city and the goals of the
developers in addressing market, this is a product I think the market will accept. So,
this has been continued to April 25th and we appreciate that your time.
Item 15:
Public Hearing: Proposed New Park and Recreation Fees and Fee
Increases to Cover Cost of Recreation Programs and Park Services:
Meridian City Council
April 11,2006
Page 37 of 49
De Weerd: Okay. Item No. 15 is our Public Hearing on proposed new Parks and
Recreation fees and fee increases to cover the cost of our programs and park services.
I will open this Public Hearing and ask for Mr. Strong or whoever's comments. It looks
like Mr. Strong. I didn't know if Colin was going to do it or Leanna or --
Strong: Madam Mayor, Members of the Council, I'm just going to introduce this and
Colin to talk about the fees, but what you have before you is a clean-up of the fees over
the past several years and, Colin, if you need some explanation of what's being done,
he can go through that fairly quickly and concisely, so I'll ask Colin to come up.
De Weerd: Thank you.
Moss: All right. Madam Mayor, Members of the Council, this, like Doug said, is just a --
we kind of got together and all the past -- all the past fees that have been proposed to
the Council, we just kind of got everything together -- oh, sorry. We got everything
together to be in one database, so we had all our fees in one spot, because up until now
we have had, you know, just bits and pieces of fees that have been proposed at
different times. So, as you will go through here you will notice that there is a lot of
things that we are not even changing and it's just in an effort to have everything on the
same piece of paper. So, I will take any questions anybody has about some of the fee
changes or any of the new fees or fees that we are moving. A lot of the fees on here
they look like they are changing by quite a bit, but it's really -- a lot of the fees on here
were either -- you know, the wording was wrong or the fee was just incorrect altogether
and so I just cleaned it up, basically. So, if anybody has any questions.
De Weerd: We like cleaning up. And we won't kill the messenger. Any questions,
Council?
Bird: Madam Mayor, I do have a question.
De Weerd: Mr. Bird. Don't kill the messenger.
Bird: Basketball. What is it -- tell me what a USSSA fee is.
Moss: USSSA fees are -- they are like an association fee, just like an ASA fee for
softball. You will notice that we took out ASA fees, because the last fees for basketball
that were proposed were for ASA fees. However, we have never charged ASA fees for
basketball. ASA doesn't even cover basketball, so --
Bird: What is this thing -- what does the association do?
Moss: Basically it's an -- we pay USSSA and they provide us and each of our teams
with insurance, basically, or coverage for injuries. Each team that we pay is covered
through USSSA nationally, so it, basically, adds some insurance coverage for our
teams.
Meridian City Council
April 11,2006
Page 38 of 49
Bird: Is this -- is this 20 dollars a team or 20 dollars a person?
Moss: A team.
Bird: And they cover your medical insurance?
Moss: I'm not familiar with the specifics of what all is covered, but it's -- it would be the
exact same thing as an ASA fee for the softball, so --
Bird: You know, I'm quite interested in that, because I sponsor one of the basketball
teams every year, so I just wonder what kind of a fee -- you know, if you would have
said AAU, I would have known what that was, but--
Moss: Well, I could certainly --
Bird: I mean for 20 dollars it's a good fee if you're covering insurance, but I've never
known a city league program to cover insurance. I have no problem with it as a
sponsor, I would like to know what it stands for and what it does.
Moss: Well, I could certainly talk to our USSSA representative and see -- kind of get a
little bit more details about what that does cover, because, like I said, I'm not completely
familiar with their --
Bird: If they cover medical and everything, I think the city better run down and see if we
can't sign up as a city for that.
De Weerd: Mr. Bird, on the soccer league I was involved in we had a two to three dollar
charge per player for insurance and that is only if there is an accidental issue. So, it just
covers that -- that liability.
Bird: That's what?
De Weerd: So, they call it medical, but what it does is it will cover medical expenses as
a result of an injury.
Bird: I'm quite familiar with all those kind of things. I have been involved with Optimist
football for 41 years and we do cover that kind of stuff, but I'd like to -- I'll guarantee you
we don't pay 20 dollars for a team.
Baird: Madam Mayor?
De Weerd: You have bigger teams than basketball. Yes, Mr. Baird.
Baird: This matter would need to come back in the form of a resolution to approve the
fees, so if you also would like to continue the hearing for a week to get that answer
before you approve them, we can certainly accommodate that I think.
Meridian City Council
April 11,2006
Page 39 of 49
De Weerd: Sounds good. We will get Mr. Bird his answer.
Bird: Yeah. I'm real curious.
De Weerd: Do you have other questions?
Bird: No. I think it's great and I appreciate what Colin has done. He's got these fees
into place, like the minimum players. Another thing I like, he don't charge extra for out-
of-city players, which I appreciate. No. I think they look real nice.
De Weerd: Thank you. Any other questions? Mr. Borton?
Borton: Madam Mayor?
De Weerd: Yes.
Borton: Colin, do these revised fees adequately cover the expenses incurred by the city
to host, put on, and organize these functions?
Moss: They do.
Borton: Good.
Rountree: My question, Madam Mayor -- and, obviously, I know the answer, but this is
comprehensive, we haven't forgotten something? It looked to me you have --
Moss: To the best of my knowledge, this is all of the classes and fees that we would
take in as a parks and recreation department, with the exception of future classes that
we might offer, at which point we will just propose those as they come along.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: One other question. Is there a mechanism -- I rent Tully Park and I tell you I
have got 20 people coming and 200 or 150 show up. Is there any history of how that's
policed, if at all?
De Weerd: You will be kicked out.
Borton: Do you know?
Moss: I'm not sure of any history of it actually happening, but I would imagine that it
would be policed by our park staff, who are out at the parks, you know, pretty much
every day of the week. So, I'm not sure if that's ever happened.
Meridian City Council
April 11, 2006
Page 40 of 49
Borton: Madam Mayor? One other question. Maybe Mr. Strong can answer it. I don't
know if it came up in the parks and rec, I forget. Discussion over a deposit for clean up,
whether or not there is -- is there any provision for ability to have them pay a deposit if
they rent a shelter and leave it a total disaster or damage something or anything like
that?
Strong: Madam Mayor, Members of the Council, we did discuss that issue in our last
commission meeting and it was deemed very difficult to manage a deposit type of
structure for a shelter, because somebody would have to -- kind of like if you rented a
house or an apartment, you would have to determine the condition when you arrived
and the condition when you leave and that didn't seem practical for staff or -- because it
would require additional staff time and issues that way. So, it was nixed at least at this
point that we wouldn't be doing that -- that type of thing.
Borton: Okay.
Strong: As far as your question about if you rent it for 50 and 200 show up, we have not
taken any specific action to patrol that. We typically trust the people when they make a
reservation that that -- there probably are people that cheat that to some degree, I
would guess, but when you rent a shelter people don't always stay at the shelter, they
use the park and other areas, so it's sometimes difficult to determine how many are
actually with the reservation as well. So, again, that would be kind of a policing thing
that if we -- if we felt a need to do that, then, it would require additional staff time
involved in that.
Borton: Okay. Thanks.
Bird: Madam Mayor, could I have a follow up on that with Doug? Doug, when we lease
out the shelters, we don't lease them out by number of people, do we?
Strong: Madam Mayor, Members of the Council, Councilman Bird, we do, actually,
identify numbers when we -- and I think on the fee schedule it will show a difference for
different numbers of people that rent a shelter.
Bird: Okay.
Strong: Because there is a -- we have -- we put out additional trash cans, sometimes
we have to do additional work the larger the group is. Bring in picnic tables sometimes,
but there is usually additional cost if it's more than what it's -- for the tables if there is
more than what typically use the shelters.
Bird: Yeah. I knew we had a difference between small and large shelters, but I didn't
know we actually did that.
Meridian City Council
April 11,2006
Page 41 of 49
Strong: There is just more of an impact on the shelter and the entire area around the
shelter just for cleanup afterwards with a larger group.
De Weerd: Any other questions?
Bird: I have none.
Rountree: Madam Mayor, I have a question, I guess, on this particular item. Are we
being asked to approve the fees or just the consolidation of the fees in one spot?
De Weerd: Approve the fees.
Rountree: And it looks to me an aggregate. The fees, actually, probably, have gone
down, but there are some fees that exceed the posting limit or noticing limit. Have we
noticed the fee increases?
Berg: Madam Mayor, Councilman Rountree, we noticed the entire fee schedule.
Rountree: Okay.
Berg: Because it was kind of a clean-up, but I'm sure that we won't do that in the past,
we will just keep a little bit better record of what fees were approved what time.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Don't we have to bring back a resolution approving these? And so if we agree with
them, we can ask to get a resolution in the next couple of weeks. I mean two weeks
isn't going to hurt you or one week or whatever. We've loaded him up pretty heavy.
Baird: This one's easy. Next week.
Strong: From my understanding in the past I don't think two weeks would make a
difference if -- there has never been any protest of anybody paying a fee, because they
typically sign up voluntarily, because they want to be in the activity, so we wouldn't have
any issues with that. One additional clarification. It looks like one or two of the fees
went down. It's, actually, just the way that we have reworded the fee, so that they read
consistently. Where there is a team fee and, then, a player fee, it, actually, amounts to
about the same amount of money. So, all the league fees would all read the same,
because it didn't in the past.
Bird: Doug, can I ask you a dumb question? Have we been paying an ASA fee in
basketball? I'm going if I did, you know, I'm not very dang smart.
Strong: It's been on there. I don't think it's ever been paid.
Meridian City Council
April 11,2006
Page 42 of 49
De Weerd: I'm not going to touch that one.
Bird: I know you aren't.
Baird: Madam Mayor?
De Weerd Mr. Baird.
Baird: Just to clarify, if it's okay with Councilmember Bird, that Colin can get back to
him informally to answer the questions about the ASSSA, that way we don't have to
continue the hearing. So, we would just be seeking direction from you to bring back that
resolution and close the hearing.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: Unless there is any further discussion, I move we close the Public Hearing on
the proposed new Parks and Rec fees.
Bird: Second.
De Weerd: Could I just, first, ask if there is anyone who would like to provide
testimony?
Okay. So, I have a motion and a second. All those in favor say aye. All ayes. Motion
carries.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: I move we approve the proposed new Parks and Rec fees and that a resolution
be brought before Council next week.
Bird: Second.
De Weerd: Okay. I have a motion to approve the fees with a resolution for next week.
If there is no further discussion, Mr. Berg.
Roll-Call: Bird, yea; Rountree, yea; Wardle, absent; Borton, yea.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Meridian City Council
April 11,2006
Page 43 of 49
Item 16:
Public Hearing: Public Works Fees Changes as authorized in Title 9,
Chapter 1 Water Use and Service, and Title 9, Chapter 4 Sewer Use and
Service of Meridian City Code including water and wastewater
assessment, water meters and appurtenances, and water system itemized
damage fees:
De Weerd: Okay. Item 16 is a Public Hearing on Public Works fees and changes as
authorized in Title 9, Chapter 1, of Water Use and Service, and Title 9, Chapter 4. Mr.
Watson.
Watson: Thank you, Madam Mayor, Council Members. In a similar vein, somewhat
similar vein to Colin's presentation, this is clean-up of many existing fees that are on our
books and, really, most of them are either reductions in the cost or lower than five
percent increases. There are a couple exceptions. These are for meters and parts and
pieces that go into the meters and there is also -- the second table is for repair fees of
meters and appurtenances and I know you don't want me to go through each one of
those. The second group of fees on the second page is called a QAQC Plan Review
Fee. I'll try and make this concise. Because of some changes that happened with DEQ
last year in their plan review process and some decisions that the Board of Professional
Engineers made, it has kind of mucked up our development plan approval process a bit
and I'll certainly answer this in detail if you'd like me to, but we are going to, with this
fee, implement a quality assurance quality control plan utilizing a third-party professional
engineer on our development plan review process. That will allow us to -- in many
cases, if the plans are well prepared, bypass DEQ's review, which is authorized under
their new statute. And unless you'd like greater detail, I'll end it there and entertain any
questions.
De Weerd: Okay. Council, any questions?
Bird: Madam Mayor, I do have a couple of questions. And, again, Brad, I want to
compliment you and your staff on these fees and I -- you know, I, as a taxpayer, as a
user of these fees, appreciate it when you realize that maybe we had been
overcharging and you don't need quite that much. But I got one question. You got
equipment, backhoe or dump truck per hour 25 and that covers the truck and the driver?
That's pretty reasonable.
Watson: Madam Mayor, Councilmember Bird, that's pretty cheap. How do I phrase
this?
Bird: We can do the hauling at the new City Hall.
Watson: That's a rather arbitrary figure that was developed a couple years ago jointly
with the finance department and the water division. It's a pretty rare occurrence that
that's ever even charged.
Bird: I was going to say, do we -- have we ever used it?
Meridian City Council
April 11,2006
Page 44 of 49
Watson: Yeah. Two or three times a year it is, actually, used.
Bird: Is that right?
Watson: Most of the time the problems come when a -- on new construction and an
adjacent builder or the landscaper damages something. In most of the cases the
builders are all in that general area and we can find who's responsible and it gets taken
care of. Not all the time.
Bird: As long as you're comfortable with it, I am. But that's awful cheap.
Watson: We are not going to deplete the Enterprise Fund with this low fee by any
means. It's--
Bird: I didn't think we would, but --
Watson: -- rarely used.
Bird: We know what the Enterprise is going to do on some of the in-kind on the City
Hall.
De Weerd: Any other questions, Council?
Rountree: I have none.
De Weerd: Okay. On that note --
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: If there is no one wishing to testify --
De Weerd: Is there anyone who would like to provide testimony on this application?
Rountree: I move that we close the Public Hearing on Item 16.
De Weerd: You're the only one here, so we will pick on you. Okay. Motion to close the
Public Hearing. All those in favor say aye. All ayes. Motion carried.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Rountree: Okay. Madam Mayor, I would move that we approve the fee schedule as
presented in Item 16 and instruct a resolution to that effect be brought back to the
Council on our next regularly scheduled meeting April 18th.
Meridian City Council
April 11,2006
Page 45 of 49
Borton: Second.
De Weerd: Okay. We have a motion to approve the fees with the resolution to come
back next week. Mr. Berg, will you call roll.
Roll-Call: Bird, yea; Rountree, yea; Wardle, absent; Borton, yea.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 17:
Ordinance No. 06-1223 : AZ 06-001 Request for Annexation
and Zoning of 4.99 acres from R2 to a R-4 zone for Buckeve Place
Subdivision by John Fackelman - east of Black Cat Road and south of
Cherry Lane:
Item 18:
Ordinance No. 06-1224 : AZ 05-065 Request for Annexation
and Zoning of 1.50 acres from RUT to C-G zone for Nesmith Annexation
by Jonathan Seel- 2820 East Ustick Road:
Item 15:
Ordinance No. 06-1225 Amending Title 13, Chapter 2,
Section 7 of the Meridian City Code to Allow the Parks Director
Authority to Suspend the Closure Time of the City Parks:
De Weerd: Okay. Items 17, 18, and 19 are ordinances number 06-1223,06-1224, and
06-1225. Mr. Berg, will you, please, read these ordinances by title only.
Berg: Thank you, Madam Mayor, Members of the Council. Ordinance 06-1223, an
ordinance for annexation of property located in the northwest quarter of Section 10,
Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, as described in
the Attachment A and annexing certain lands and territories 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 R-2 to R-4 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, providing for a waiver of the reading of the rules and
providing for an effective date.
Berg: Ordinance 06-1224, an ordinance for annexation of property located in the
southeast quarter of the southeast quarter of Section 32, Township 4 North, Range 1
East, Boise Meridian, Ada County, as described in Attachment A and annexing certain
lands and territories situated in Ada County, Idaho, and adjacent and contiguous to the
corporate limits of the City of Meridian, establishing and determining the land use
zoning classification of said lands from RUT to C-G 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
Meridian City Council
April 11,2006
Page 46 of 49
providing for a summary of the ordinance and providing for a waiver of the reading of
the rules and providing for an effective date.
Berg: Ordinance 06-1225. An ordinance amending Title 13, Chapter 2, Section 7 of the
Meridian City Code to allow the parks director authority to suspend the closure time of
the city parks and providing for a summary and providing for a waiver of the reading of
the rules and providing an effective date.
De Weerd: Okay. You have heard the reading of these three ordinances. Is there
anyone who would like to hear it read in its entirety? Hearing none, Council, I would
entertain a motion.
Bird: Madam Mayor?
De Weerd: Yes, Mr. Bird.
Bird: I move that we approve Ordinance 06-1223, 06-1224, and 06-1225 with
suspension of rules.
Rountree: Second.
De Weerd: I do have a motion to approve the three ordinances.
discussion, Mr. Berg, will you call roll.
If there is no
Roll-Call: Bird, yea; Rountree, yea; Wardle, absent; Borton, yea.
MOTION CARRIED: THREE AYES. ONE ABSENT.
De Weerd: Thank you. Council, tomorrow night we do have our open meeting with -- in
regards to the south Meridian, north Kuna area, and certainly you are welcome to
attend. It's from 6:00 to 8:00 at Mary McPhearson Elementary School. Councilman
Bird and I also toured the Ada County commissioners around last week and showed
them some of the things that we are doing in mixed use, in our land use, and certainly
they got a good view on what we are doing here in the City of Meridian. And we did get
some very favorable comments back, so --
Bird: And, Madam Mayor, if I may touch upon that I want to thank Anna and Brad and
John, Chief Musser and Chief Anderson and all of Chief Anderson's deputy chiefs and
Lieutenant Lavey for the wonderful presentation and along with the Mayor that was put
on for the benefit of Mr. Armstrong and the three commissioners. I think we duly
impressed them and we did a very nice job and want to thank you for representing the
city like you did.
De Weerd: Yes. Thank you.
Meridian City Council
April 11,2006
Page 47 of 49
Canning: And Shelly really gets a lot of credit for hounding us and pulling all that
information together.
Bird: I wouldn't give her -- you wouldn't want to give her the credit. Her head will get
too big.
De Weerd: I do have one final act. I would like to offer a City of Meridian pin to the only
remaining person in our ranks. We appreciate your tenacity in staying to the very end.
Rountree: And that ought to be good for some extra credit.
Bird: What school do you go to?
Student: Meridian High.
Bird: Are you a senior?
Student: Yes.
Bird: Good.
De Weerd: Now, I do have a request by one of our Meridian High School senior
students who did a project on public transportation and she would like to come and
discussion her purpose and the survey she conducted and her project as well, to give a
presentation to Council. Is that something of interest? We certainly can invite her to one
of our less private meetings in relationship with a meeting that we have upcoming with
VTR -- or VRT, Valley Regional Transit, instead. I would ask if that would be of interest
to you?
Bird: Madam Mayor, how long a presentation will this be? Is it a PowerPoint
presentation?
De Weerd: You let me -- it is a PowerPoint. If you would like it a certain length, I'm sure
she can adapt it.
Bird: No. I'd invite her to come. If it's on transportation, I'd like to do it when we have
the public sitting here. And if she's went to the work to do it, I'm for setting it up on one
of our Council meetings.
De Weerd: Okay. We will try and get her scheduled before she graduates. So,
Council, I would entertain a motion to adjourn.
Rountree: Oh. No.
De Weerd: Oh.
Meridian City Council
April 11,2006
Page 48 of 49
Berg: Madam Mayor, I'm sorry. Just a reminder again that before April 30th I have to
send a letter to the Ada County Clerk to tell him when we are going to have our Public
Hearing on our budget. Otherwise, we will not be able to increase our budget request.
So, look at the schedule that Stacy gave you and I will put a hard copy back in your box
to see if those dates really are accommodating to you, so that next meeting we can say,
yes, that's what we want to do. It isn't a formal motion that you have to do, but we need
to have everybody there at that date, so I can send that letter. Thank you.
De Weerd: Okay. Appreciate that, Will. Okay.
Bird: Do we have to -- excuse me, Madam Mayor.
De Weerd: Yes, Mr. Bird.
Bird: Mr. Clerk, do we have to -- do we have to have that done -- doesn't it have to be
done before September something or -- or that -- we just have to pass on it?
Berg: Madam Mayor, our budget has to be approved and the L2 form sent to the county
by September -- first week of September. I'm not sure what -- the first Thursday of the
month or something. But we have to have that letter to the county clerk in before the
end of this month to say that we are going to have a Public Hearing. And we'd just have
to have a Public Hearing prior to that L-2 form being sent in. We have done some
things in the past that have been just the same night, too. But we have a pretty good
plan and so we just need to look at that schedule and make sure we can be there.
Bird: Okay.
De Weerd: Okay.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I move to adjourn.
Bird: Second.
De Weerd: All those in favor?
MOTION CARRIED: THREE AYES. ONE ABSENT.
De Weerd: Thank you. All ayes.
Meridian City Council
April 11,2006
Page 49 of 49
MEETING ADJOURNED AT 9:22 P.M.
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