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HomeMy WebLinkAbout2007 03-20 Meridian City Council Meetina March 20. 2007 A meeting of the Meridian City Council was called to order at 7:00 P.M., Tuesday, March 20, 2007, by President Joe Borton. Members Present: Charlie Rountree, Joe Borton, Keith Bird, and David Zaremba. Members Absent: Mayor Tammy de Weerd. (arrived late) Others Present: Bill Nary, Will Berg, Caleb Hood, Len Grady, Gene Trakel, Bill Johnson, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X David Zaremba X Charlie Rountree o X Joe Borton X Keith Bird Mayor Tammy de Weerd Borton: Welcome, everybody. We will go ahead and get started for the Tuesday, March 20th, regular Council meeting. We will begin this Council meeting with roll call attendance. Mr. Berg. Item 2: Pledge of Allegiance: Borton: Thank you. Item NO.2 is the pledge of allegiance. Would you, please, join us. Christina and Amber Farnham will lead us in the pledge. (Pledge of Allegiance recited.) Item 3: Community Invocation by Bill Nary. Borton: Christine and Amber, if you would, please, come forward. We have got City of Meridian pins for you. Thank you for coming tonight and helping us with the pledge. Item No. 3 is the community invocation. We will be led tonight by our city attorney Mr. Nary. Nary: Thank you, Mr. President, Members of the Council. If we could all take a moment or take a moment for a moment of silence. Lord, we thank you for your blessings upon our city, for our citizens and for our community, God. We ask for this wisdom and guidance for our Council and our leaders of our city as they make decisions tonight and each day that help shape our city's future, to help guide our citizens and guide our community to the better citizens -- or better community that we would all like to have. We ask your blessings upon this process tonight and for the discussions to be civil, for the decisions to be right and just and to be fair, God, and we just ask for these blessings in your name, amen. Meridian City Council March 20, 2007 Page 2 of 28 Item 4: Adoption of the Agenda: Borton: Thank you, Mr. Nary. Item No.4, Adoption of the Agenda. Zaremba: Mr. President? Borton: Mr. Zaremba. Zaremba: I would comment that on the agenda -- Consent Agenda, Item 5-G, the resolution number is 07-549. On the regular portion of the agenda, Items 17, 18 and 19 relating to Sagewood Subdivision, the applicant has requested to withdraw those. Item 20 related to Sundial Subdivision, we need to continue those items to April 3rd, 2007, as the site was not posted noticing the Public Hearing. Item 21 relating to the Kelly Carport, we also need to remove as the proper format is not an appeal, but a Conditional Use Permit. I believe those are the only changes. Nary: Mr. President? Borton: Mr. Nary. Nary: On Item 23, the Executive Session, could we also add (1 )(a) and (1 )(b) also as the sub categories for that section. Zaremba: If I need to do that, I agree with what Mr. Nary said. In the Executive Session we will deal with Items (1 )(f), (1 )(a) and (1 )(b) and (c). Oh. And (c). I'm sorry. I didn't see the first one. (a), (b), (c), and (f). Rountree: And I will second that final motion. Borton: It's been moved and seconded to adopt the agenda as amended. All those in favor say aye. Thank you. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda: A. Approve Minutes of February 27, 2007 City Council Special Meeting: B. Findings of Fact and Conclusions of Law and Order for Approval: AZ 06-062 Request for Annexation and Zoning of 1.12 acres from RUT to a C-C zone for Hovd Annexation by Kendall Hoyd - east of N. Meridian Road and north of E. Fairview Avenue: Meridian City Council March 20, 2007 Page 3 of 28 C. Findings of Fact and Conclusions of Law and Order for Approval: AZ 06-057 Request for Annexation and Zoning of 9.91 acres from RUT to an R-15 zone for Jericho Subdivision by Heron River Development, LLC - 6055 & 6185 N. Jericho Road: D. Findings of Fact and Conclusions of Law and Order for Approval: PP 06-056 Request for Preliminary Plat approval of 73 residential units and 10 common lots on 9.52 acres in a proposed R-15 zone for Jericho Subdivision by Heron River Development, LLC - 6055 & 6185 N. Jericho Road: E. Findings of Fact and Conclusions of Law and Order for Approval: VAR 07-003 Request for a Variance to UDC 11-3B- 7C2 to count 15 feet of existing right-of-way for Eagle Road towards the landscape street buffer in the C-G zone, for Centre Pointe North Subdivision by W.H. Moore, Co. - northwest corner of Eagle Road and Ustick Road: F. SHP 07-002 Request for Short Plat approval to create 4 building lots out of 1 existing lot on 11.07 acres in a C-G zone for Smitchaer Subdivision by Brighton Properties, LLC - East of N. Eagle Road, North of E. Ustick Road: G. Resolution No. 07-549 VAC 07-003 Request for a Vacation of the 10 foot wide property drainage and utility easement located on portions of Lots 5 and 6, Block 5, Gemtone Center #5 for Gemtone Center Subdivision #5 by DMB Investments, LLC - 2589 and 2547 E. State Avenue: H. Approve New Beer and Liquor Licenses for Victoria Wohler dba JB's Restaurant at 1565 S. Meridian Road: I. Approve Agreement for Independent Contractor Services for Settlers Park Splash Pad Equipment Installation with Haemker Construction. Inc. for $183,340: J. Approve Task Order 2.2 for Chemically Enhanced Primary Treatment with CH2M HILL for $19,479: K. Approve Amendment to add MWH Americas. Inc. to the Roster of Qualified Consultants for Engineering Services for Water, Wastewater and Miscellaneous Public Works Projects approved December 12, 2006: L. Approve Water Main Easement for Country Inn & Suites by Michael C. Wendel: Meridian City Council March 20, 2007 Page 4 of 28 M. Approve Public Utilities, Irrigation & Drainage Easement for Dvver Development. LLC for Lots 3 and 4 Block 1, Silverleaf Subdivision: N. Approve Purchase Order for Materials Testina and Inspection for Oversight and Testing of Environmental Cleanup for New City Hall Project for $20,080.00: Borton: Item NO.5. Consent Agenda. Zaremba: Mr. President, I move we accept the Consent Agenda with the note that the resolution number for G is 07-549. Rountree: Second. Borton: It's been moved and seconded to adopt the Consent Agenda as published. Mr. Berg. Bird: Question. Borton: Oh. Bird: Did the motion included the president sign and the clerk to attest on all papers? Zaremba: I'm sorry, I forgot that part. And, yes, would the president sign and the clerk to attest on all papers. Rountree: Second agrees. Borton: It's been moved and seconded to approve the Consent Agenda as published. Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 6: Department Reports: A. Mayor's Office: 1. Appointment of Planning and Zoning Commissioner: Borton: Thank you. Item No.6 is a department report, which we are going to continue at least to the end of the agenda, until that department is present. Meridian City Council March 20, 2007 Page 5 of 28 Item 7: Items Moved from Consent Agenda: Borton: Item NO.7. There are no items moved from the Consent Agenda. Item 8: Request for Reconsideration of Denial of Variance and Vacation for Jacksons Food Store at 3291 E. Pine Street: Borton: We will begin Item No.8, request for reconsideration of denial of a variance. And we will begin this request with comments from legal counsel. Nary: Thank you, Mr. President, Members of the Council. You have had a few of these in front of you in the past. You have the Findings. This matter was heard by you previously. You have the Findings for denial of both the variance and the vacation as Items 9 and 10. You do have a written request by Mr. Jackson for the reconsideration. He has raised some issues in his request that you are free to consider. This is not a Public Hearing. If the applicant has any other information to clarify, you can certainly request that, but this is not intended as a hearing on those issues. If you wish to reconsider it, you certainly are free to do that. You would need to take some action on Item 8 as the request is in front of you as an action item. Borton: Thank you, Mr. Nary. Council, Mr. Jackson is present. We have received his letter request dated March 8th for reconsideration. Is there any information that Council needs or would like to hear about this request? Mr. Nary, as being on the -- the losing side of the original decision, I can't participate in whether or not reconsideration is granted. Nary: The motion to reconsider would have to be made by a party on the prevailing side. At that point you could -- you could second the motion or vote. Borton: Okay. Bird: You can ask Mr. Jackson to come forward if you want. Borton: Mr. Jackson, could you, please, come forward and present your request. Jackson: Thank you, Council -- Members of the Council. Yeah. At our last meeting when we discussed this subject, it was -- a recommendation was made by Councilman Bird that if we prohibited truck traffic from the right turn only lane and I guess back and forth, that it was suggested if we did that, that he could perhaps support our request. I, not knowing the proper protocol, didn't realize that if I was in agreement with that recommendation or restriction, that I could have approached Council again and made that known to them, which may have changed the outcome. I'm just here to suggest that we are willing to agree to that compromise and restrict truck traffic and, hopefully, that will be enough of a restriction that we can get a different outcome. Answer any questions. Meridian City Council March 20, 2007 Page 6 of 28 Borton: Thank you, Mr. Jackson. Council, any questions? Bird: Mr. President, I don't have a question for Mr. Jackson, but I would like to clarify that what I was asking is if he would be -- I didn't -- and in no way did I mean to imply that I would be for it if we did that, I just thought that maybe that was something that could be looked at, whether we could prohibit trucks using that entrance in there. So, in no way did I imply that if he would agree to that, that I would be in favor of it. Borton: Thank you, Mr. Bird. Council, any other questions or information needed from Mr. Jackson? Okay. Thank you. Is there a motion on the request? If none, then, the request dies for lack of a motion; is that correct, Mr. Nary? Nary: Mr. President, someone would need to make a motion either way. Either a motion to deny the request or a motion to grant it. Zaremba: Mr. President? Borton: Mr. Zaremba. Zaremba: With all due respect to Mr. Jackson and appreciation for the large part that his food stores and facilities play in Meridian and we are happy to have you here, I see no reason to reconsider and I move that we not reconsider. Rountree: Second. Borton: It's been moved and seconded to deny Item 8, the request for reconsideration. Any discussion? Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, nay. MOTION CARRIED: THREE AYES. ONE NAY. Item 9: Findings of Fact and Conclusions of Law and Order for Denial: VAR 07-002 Request for a Variance to UDC 11-3H-4B2 to allow construction of right-turn only direct access to N. Eagle Road for Jacksons Food Store by Jacksons Food Store, Inc. - 3291 E. Pine Street: Item 10: Findings of Fact and Conclusions of Law and Order for Denial: VAc 07..001 Request for a Vacation on a note on the Porky Park Subdivision No. 1 plat that prohibits direct lot access to Eagle Road for Jacksons Food Store by Jacksons Food Store, Inc. - 3291 E. Pine Street: Borton: Item NO.9. We approve the Findings, Mr. Nary? Meridian City Council March 20, 2007 Page 7 of 28 Nary: Mr. President, yes, you would need to -- you can, actually, do nine and ten together if you wish. Borton: Okay. I would entertain a motion on nine and ten. Zaremba: Mr. President. Borton: Mr. Zaremba. Zaremba: I move we approve the Findings of Facts and Conclusions of Law and order for denial for both the variance 07-002 and the vacation 07-001. Rountree: Second. Borton: It's been moved and seconded to approve Item 9 and 10, Findings of Facts and Conclusions of Law. Any discussion? Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, nay. MOTION CARRIED: THREE AYES. ONE NAY. Item 11: Request for Credit I Transfer of Fees for Revised Pinebridae Application by DMB Investments: Borton: Item No. 11, request for credit transfer of fees for revised Pinebridge application. Mr. Nary. Nary: Thank you, Mr. President, Members of the Council. On this one -- and, Mr. Hood, if he has any additional information he can provide it. In looking through it I think we tried to be as accurate as we could in noticing this on the agenda as a credit or transfer of fees. We, technically, don't have a means in our code to credit fees, it tends to imply more of an accounting method than what is really being asked for here. The applicant Pinebridge has previously submitted fees -- it was, actually, about a year and a half ago, for an application. They withdrew the application right after their submittal, but they had paid the fees. All they were asking was that those fees not have to be paid again. In doing the analysis from the planning staff, the fees now will probably be different and actually be less, they were comfortable with, basically, waiving the fees for this application, because they had previously paid it for a similar project, this Pinebridge, and no staff work went into it of any significance to the other one, so we still have fees that cover the cost of the staff's time and we don't have to deal with an accounting of a credit, which is more problematic than simply waiving it. The applicant was in agreement to simply waive the fees as well. So, I just wanted to be I guess more accurate that we are not crediting something that we are going to have to account for later in an audit circumstance. So, I don't know if Mr. Hood has anymore, but that's really what you're being asked to do. Meridian City Council March 20, 2007 Page 8 of 28 Borton: Thank you, Mr. Nary. Caleb, anything further? Hood: I guess maybe the only thing that I would have to add, Mr. President, Members of the Council, is that we did talk with the applicant about year and a half ago about this future request and we said we would support them, because, again, they did pay some hefty fees at that time and staff's time spend on it was minimal. They were waiting for ACHD -- long story -- hopefully, not too long, but to change some roadway classifications. They intended to come back with a re-submittal here this year and they have and so we are supporting their request. Borton: Thank you, Caleb. Council? Bird: Mr. President? Borton: Mr. Bird. Bird: I move we -- the request for the credit transfer of fees for the revised Pinebridge application by DMB. Zaremba: Second. Borton: It's been moved and seconded to waive the fees for the revised Pinebridge application. Any discussion? Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 12: Continued from March 6, 2007: FP 07..002 Request for Final Plat approval of 52 single-family residential building lots, one park lot and 5 common lots on 16.84 acres in an R-8 zone for Solitude Subdivision No. ~ by Solitude Development, LLC - SEC of McMillan Road and Meridian Road: Borton: Thank you. Item No. 12, continued from March 6th, final plat 07-002 on Solitude Subdivision No.2. Caleb, could you give us an update on this final plat. Hood: Mr. President, Members of the Council, I can. We did receive an e-mail this afternoon from the applicant's representative. They did have a couple of issues with the staff report for this final plat on Meridian and McMillan, the southeast corner of Meridian and McMillan. I'm going to run through a couple of those changes for you. I'll read them in. If you concur I would just ask that you make that part of the motion. Their first concern was over site specific condition number two. It talked about timing for the -- excuse me -- the approval for final plat and when that -- how long they actually have to get that plat signed by the city engineer and recorded. We would ask that the final plat - - or, excuse me, final plat condition number two be modified to read: The final plat Meridian City Council March 20, 2007 Page 9 of 28 approval for this subject phase shall expire 18 months from the city engineer's signature of phase one. That's a clarification that it just said signature before, so we are clarifying that it's actually Len's signature. And, then, number four they had some concerns over the -- an easement that was shown on the final plat, it turns out that that easement doesn't appear to be a Settler's Irrigation District easement. In fact, it appears to be a private user easement. So, the language we would have amended on final plat condition number four would read as follows: Prior to signature of the final plat by the city engineer the applicant shall, one, submit a license agreement with Settler's Irrigation District to fence into the portion of the easement encroaching into the lots for the Gish lateral or, two, provide construct -- for construction plan approval, provide documentation that the facility is a private users lateral and submit the users approval to tile slash pipe the facility. That gives them the option to either approve that if Settler's, in fact, doesn't claim any facilities back there and it is a private users and if that's the case, having that private user sign off on covering that facility. And, finally, number 12, there were -- there are a couple of lots that are substandard if they were to have their own individual driveways. It's my understanding that they are going to share a driveway for these two lots, so we would propose to amend final plat condition number 12 to read: On Lots 13 and 14, Block 11, do not meet the minimum required street frontage for the R-8 zone. Revise the plat, so that the individual lots meet the required minimum street frontage for the R-8 zone or comply with the common driveway standards and note such common driveway as an easement on the plat. I believe that covers the applicant's issue that they had in this e-mail, again, received in our office this afternoon. Everything else I believe they are okay with. I should have done this earlier, but this plat actually consists of 52 lots, single family lots, in the R-8 zone on about 17 acres. I do have some more details if you'd like some more details, but that's the applicant's request and a brief staff report. Borton: Thank you, Caleb. Council, any questions? Is the applicant here? Ms. Stiles. Do you want to come forward, please? Sheri raised her hand, so -- Hill: Oh, I'm sorry. John Hill, 701 South Allen Street, Meridian. Borton: Do you have any -- Hill: No. I thought everything was covered fine from staff. I got the report earlier from our consultant, so we are fine. Zaremba: Mr. President? Borton: Mr. Zaremba. Zaremba: Would you validate that you agree with the things that Caleb Hood just read into the record? Hall: Yes, I do agree with all items two, four and 12. Meridian City Council March 20, 2007 Page 10 of 28 Zaremba: Okay. Thank you. Borton: Thank you. Hall: Thank you. Rountree: Mr. President? Borton: Mr. Rountree. Rountree: If there is no further questions, I move we approve Item No. 12, FP 07-002, with conditions two, four and 12 as modified by staff and the remaining comments and conditions of staff. Bird: Second. Borton: It's been moved and seconded to approve Item No. 12, FP 07-002. All those in favor say aye. MOTION CARRIED: ALL AYES. Item 13: FP 07-005: Request for a Final Plat approval for 62 single-family residential building lots and 8 common lots on 20.18 acres in an R-4 zone for Estancia Subdivision No.2 by Estancia Development - West of Eagle Road on Amity Road: Borton: Thank you. Item No. 13, final plat 07-005 for Estancia Subdivision NO.2. Caleb, can you give us an update on Estancia Subdivision NO.2. Caleb: Mr. President, Members of the Council, I can. We do have a letter from the applicant and they are in agreement with all of the conditions of approval for the final plat for Estancia Subdivision NO.2. Borton: Okay. Rountree: Mr. President? Borton: Mr. Rountree. Rountree: I would move that we approve Item 13, FP 07-005. Zaremba: Second. Borton: It's been moved and seconded to approve Item 13, FP 07-005. All those in favor say aye. Meridian City Council March 20, 2007 Page 11 of 28 MOTION CARRIED: ALL AYES. Item 14: Continued Public Hearing from March 13,2007: MI 07-003 Request for a Miscellaneous application for Modification of the existing Development Agreement to remove Item 6.1 which requires procurement of detailed conditional use permit prior to development / use of each lot within the subdivision for Sparrowhawk Subdivision Nos. 1 & 2 by David Waldron - north of Franklin Road and east of Locust Grove Road: Borton: Thank you. Item 14 is a continued Public Hearing from March 13th on MI 07- 003, Sparrowhawk Subdivision No. 1 and 2 and we will begin this continued Public Hearing with staff comments. Hood: Thank you, Mr. President, Members of the Council. As you may recall, this application was actually on your agenda last week. It was continued to allow the applicant to provide some more information on how to resolve some drainage issues that were brought up by an adjacent property owner or there may have even been a couple of property owners that had some issues there. I understand that the applicant has been and is working with the Public Works Department on both a short term and a long term fix to the drainage problems that occurred in the recent past on this site. There was a condition that was drafted last week by staff that I guess we would like you to read into the record if you decide to approve the subject application and it should go in as Item No. 6.3 and read something to this effect: Prior to the issuance of the next building permit within the Sparrowhawk development, the applicant shall submit an engineered design, obtain city approval, and construct a drainage system to contain the drainage from the undeveloped portions of the project. And, again, the applicant -- I did see the applicant here tonight, he can probably give you a little more update on what has been engineered, maybe explain to you what the short term and longer term plan is for retaining that drainage on site. Len is also familiar, far more than I am, so if you have any questions that way I can pass the mike onto him. This application was, again, just to refresh your memory, the reason that this application is before you was a modification to the original development agreement, because there is a condition in there currently that requires all the lots to obtain Conditional Use Permit approval prior to construction and the applicant is requesting to vacate that provision from the current development agreement. So, with that I will stand for any questions you may have and if they are related to drainage, I will pass the mike. Borton: Thank you, Caleb. Council, any questions? Bird: I have none. Borton: Len, do you have anything you want to add at this point? Grady: Mr. President, Members of the Council, we did set up a meeting between the applicant and Mr. Anderson to try to work out some of the drainage issues. The applicant seems very prepared to do what's required. They have come up with a short Meridian City Council March 20, 2007 Page 12 of 28 term plan,.which all that's been described, but, basically, captures a hundred year storm event. Mr. Anderson was in agreement with that. Ms. Bagley refused to come and meet with the applicant. We did provide an opportunity, but she declined. With that I will stand for questions. Borton: Thank you, Len. Council, any questions? Mr. Grady? Would the applicant care to come forward. Hardy: My name is Chrissa Hardy. I'm with Runrise Engineering. We have been hired to handle this drainage issue. We have come up with a short-term drainage plan, a temporary detention pond that will handle a one hundred year storm, as staff mentioned, and we did meet with staff and they seemed to feel that this is adequate for short-term and, then, in addition we will be helping with and we will insure that long-term on site retention will occur as these individual lots are developed. Borton: Thank you. Council, any questions? Thank you. This is a Public Hearing. Is there anyone else who would like to provide comment or testimony on this application? Come on forward and state your name for the record. Anderson: Council, my name is John Anderson, I am an adjacent property owner. I did sit through the meeting. I'm not a licensed engineer, I will take their word that that's what they are going to do. I'm cautiously optimistic that this is going to come through and I really appreciate all the help you guys have given and staff's been great, so thanks for your help. Borton: Thank you. Is there anyone else who would like to provide public testimony? Does the applicant have any final comments? Okay. Council, any additional information from the applicant or staff? Zaremba: Mr. President? Borton: Mr. Zaremba. Zaremba: I believe the questions that were hanging last time and the reason for which we continued it have been answered to my satisfaction. If I don't hear any other comments, I would move that we close the Public Hearing on MI 07-003. Rountree: Second. Borton: It's been moved and seconded to close the Public Hearing on Item 14. All those in favor say aye. MOTION CARRIED: ALL AYES. Zaremba: Mr. President? Meridian City Council March 20, 2007 Page 13 of 28 Borton: Mr. Zaremba. Zaremba: I move that we approve MI 07-003 for Sparrowhawk Subdivisions Nos. 1 and 2, to include all staff comments and adding the condition 6.3, prior to the issuance of the next building permit within Sparrowhawk development, the applicant shall submit an engineered design, obtain city approval, and construct a drainage system to contain the drainage from the undeveloped portions of the project. End of statement. Rountree: Second. Borton: It's been moved and seconded to approve Item 14, MI 07-003. Any discussion? Bird: Mr. President? Borton: Mr. Bird. Bird: In the motion are you removing 6.1, taking out the Conditional Use Permit and are we adding all of the language that is stated in 6.3? Zaremba: I believe that was the intent, to allow them to be relieved of the conditional use, as long as some of the projects go through the design review process. I was assuming that was what staff notes were. That was my intent, yes. Borton: Second agree with that? Rountree: And I agree. Borton: Okay. Second agrees. Any further discussion on Item 14? Seeing none, Mr. Berg, please, call roll. Roll-Call: Bird, nay; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: THREE AYES. ONE NAY. Item 15: Public Hearing: MI 07-002 Request for a Miscellaneous application to modify the recorded Development Agreement (Inst. 105134293) pertaining to access for the site for Medina Subdivision by Ken Lenz - SWC of South Meridian Road and West Overland Road: Item 16: Public Hearing: PP 07-003 Request for Preliminary Plat approval of 6 commercial building lots on 8.06 acres in a C-G zone for Medina Subdivision by Ken Lenz - SWC of South Meridian Road and West Overland Road: Meridian City Council March 20, 2007 Page 14 of 28 Borton: Thank you. Item 15 is a Public Hearing on MI 07-002, request for miscellaneous application for Medina Subdivision and we will begin this Public Hearing with staff comments. Hood: Thank you, Mr. President, Members of the Council. Nary: Mr. President, did you want 16 as well? Borton: Oh, excuse me. Rountree: Fifteen and sixteen. Borton: I'm sorry. Fifteen and sixteen. We will open both those public hearings. Sorry, Caleb. Hood: No problem. So, 15 and 16 are for Medina Subdivision -- Medina Subdivision. I'm not quite sure how they pronounce that. But it is located on the southwest corner of Overland and Meridian Roads as shown on the screen currently. There are two applications, one for a development agreement modification, a miscellaneous application. Just a little bit of history on that one. An access variance was granted sometime last year into the subject property allowing an access into the site. One of the provisions of that -- granting that variance by the Council was that it directly be constructed over to the property to the west. The subject site Medina now has six lots within their plat boundary and so this would be the access here that was granted, access to the state highway. It does not directly tie in with the property to the west. It is more circuitous. There is cross-access. You can see that there is this driveway just off site that will be shared, so there is still the potential for future tenants, users, people on this site to access this driveway, but, again, one of the main findings for granting this variance was it would serve kind of a larger area by granting that variance. So, that's the first application. That's item number 15, the requesting to amend that and allow -- continue to allow the location -- same location for the driveway, just that it not continue in -- directly over to the west. The second part, as I previously mentioned, is the six lot subdivision. So, you got -- you have the Walgreens right on the corner, which has already been previously approved and a certificate of zoning compliance issued for that Walgreens and, then, five additional retail type lots on this site. It is an acre site. Let's see if there is any other real highlights. I guess the -- one of the questions that was brought up at the Planning and Zoning Commission level, but wasn't really answered, has to do with -- and I'm going to go back to the aerial. There is a residential subdivision directly to the south. A question was brought up about some type of a retaining wall, a CMU wall, or some other type of mitigation fence to kind of sound proof the existing residences from some of those future commercial users. Didn't garner a lot of discussion from the Commission, but it is something that at least a couple of folks in the neighborhood have brought up as an item that they were concerned about. I don't have a view from the street. I don't know if you are all familiar, but there is a pretty significant drop off right there at the northern edge of those residential lots going to the southern edge of this property, it probably falls, I don't know, eight to ten feet, maybe, Meridian City Council March 20, 2007 Page 15 of 28 something like that. Maybe even more. But it's a pretty significant drop into the site. I just thought I would bring that up as a point of discussion potentially. Also, something that was discussed -- and I know the applicant submitted an alternative compliance request to the required landscape buffer width along Meridian Road for just a small portion of it. When they put that access in there will be a decellane, as you can kind of see here. It's a little bit tough to make out, but there will be a decellane into the site, so that will cut into the buffer a little bit from the full 35 foot wide buffer. I think it's like seven feet or something to that effect. The applicant maybe can help me out with the exact dimensions. But they are placing some additional landscaping in there to make up for some of the width that they are losing with the turn lane. And I did talk about one of the accesses already to Overland Road and, then, this will be a right-in, right-out on this property. You mayor may not know, too. ACHD is currently widening the mile, you probably know that. They are realigning quite a few of these driveways out as part of that project, too. So, it is kind of a mess out there now, but I think it will be cleaned up with -- with the property owners and ACHD all working hand-in-hand to kind of align some of those, combine some of those, and get the accesses cleared up a little bit. With that I think that's pretty much all I had in my notes of things that I wanted to touch on and so with that I will stand for any questions you may have. Borton: Thank you, Caleb. Council, any questions? Zaremba: Mr. President? Borton: Mr. Zaremba. Zaremba: I would ask Mr. Hood to clarify the last thing you were talking about, which is the alignment of driveways across Overland. Is that what you're talking about? Are driveways on the property on the north side of Overland being moved and are things going to end up being aligned? Hood: That is my understanding. I'm not for sure about the ones directly across from the site here. I know that Roaring Springs is aligning one of their driveways with this one I understand, but I haven't seen ACHD's construction plans, I believe that that's what's on this plan as shown as the far west driveway is all aligning with what the shared access is. So, at least that one. I'm not quite sure what's happening with the -- the closest one to Meridian Road. I don't know if Mr. Inselman knows that or not, but that's my understanding, that they are aligning those up. Zaremba: All right. Thank you. Borton: Council, any other questions of staff? Bird: I have none. Borton: Would the applicant like to come forward? Meridian City Council March 20, 2007 Page 16 of 28 Huber: Members of the Council, my name is Jeff Huber. My address is 416 South 8th Street, Boise, and I represent the applicant. We are in approval with -- we are in compliance with the staff report. We have no problems with it, except for one issue, which is the cross-parking requirement for Walgreens. We have met all the city requirements for parking on site for each lot and we will do that in the future, but Walgreens will not allow a cross-parking agreement with the other lots in this subdivision. So, I'm asking that the condition number 1.2.7 be amended and I have written it up here, I'll pass it out to you, so that it reads that there will be cross-access and cross-parking with all the lots within the subdivision, except there won't be cross- parking with the Walgreens site specifically. They have met their parking requirement with the city and I don't see any -- I don't see why the city would have a problem with that. Zaremba: Thank you. Mr. President, my-- Borton: Mr. Zaremba. Zaremba: If we are taking comments at this moment, I don't know if Mr. Huber is finished, but -- Borton: Go ahead. Zaremba: -- my comment on eliminating that requirement would be that the current user of the property, Walgreens, may feel that they have satisfied all the conditions, but this is forever and uses change. Walgreens could move. And I feel it's a good city policy to require the cross-access and the cross-parking on all similar subdivisions. Just a comment. Huber: Councilman Zaremba, in our lease with Walgreens it will not allow for any cross-parking. It's typical of like Winco, for example -- or example, they will not allow cross-parking agreements. I don't know if you're aware of that or not, but they are very protective of their parking, as is Walgreens, and they are sort of a mid size tenant and the larger tenants have that kind of power where they won't -- they just won't do it and Walgreens sort of falls right under the umbrella also. We have cross-access throughout the whole subdivision, but -- and we will have cross-parking on all the other lots within this subdivision, but Walgreens in their lease they will not allow a cross-parking agreement. They will not allow McDonald's, for example, next to them to park on their parking lot. It's just the way they do business these days. And we intend to meet all the parking requirements of the city on each lot within the subdivision. Borton: Mr. Huber, I guess it just sounds that that was perhaps a calculated risk in the agreement. Walgreens may impose that particular requirement on you and you are sort of betting that that requirement would, then, be waived by Council at this point. Meridian City Council March 20, 2007 Page 17 of 28 Huber: No, that wasn't exactly how we looked at it. We looked at the parking requirements in the code by the city and we met those requirements. So, we didn't -- we didn't realize that there was going to be a requirement that they also share their parking with other tenants within the subdivision. As long as we meet the requirements of the city for parking on each parcel, we feel that that should meet the city's needs. Borton: Okay. Huber: As far as the cross-access between the two parcels, the parcel to the west, which is controlled by Brighton corporation, I think they have had some discussions previous to this regarding that and we plan to have that access parallel to Overland Road and I think that Mr. Smith is here tonight that could address that to you, if you're interested in that. Borton: Okay. Council, any -- Huber: Other than that one condition, we are in complete agreement with the staff report. Borton: Okay. Council, any questions of Mr. Huber? Bird: Not at this time. Borton: Thank you. Zaremba: Mr. President, I might ask Mr. Nary-- Borton: Mr. Zaremba. Zaremba: -- a question while Mr. Huber is still here. Would it be possible to sort of accept Mr. Huber's change, but to say that there must be a recorded cross-access and cross-parking for the entire subdivision, but the cross-parking can be waived on one lot for as long as Walgreens is there? Nary: Mr. President, Members of the Council, I guess we can do whatever you want to do. I don't -- I'm just more stuck in a quandary of enforcement. The only problem you have with cross-parking arrangements, if you don't have it, is look out your back door and you had a cross-parking arrangement that pre-existed. When that went away, they curbed up the parking lot and it makes it very challenging sometimes to deal with. You know, I guess we could certainly craft whatever your direction is on it, it just may become a problematic issue with dealing with enforcement. If Walgreens decides that they want to create a very small parking lot that serves their needs and doesn't allow for other ones and starts dealing with ticketing, booting, and other issues, you're going to have a problem. And I don't know how we are going to enforce that very well. Not that they are going to do that, but as you stated originally, it's forever. So, if you take that provision out, it may be problematic. I wasn't aware about what Winco -- what Mr. Meridian City Council March 20, 2007 Page 18 of 28 Huber said, so I don't know of the local Winco and if the arrangements that they have here is the same, so we can certainly model something after that. I just haven't had time to look at that. We could certainly look at something in that regard. It sounds like we might have done it already, so -- Zaremba: Thank you. Huber: Mr. Chairman, Members of the Council, I -- again, I don't think this is really a big issue. We certainly have not seen people booting cars in parking lots in shopping centers such as this. Everybody wants customers. But it's just -- there is a fine line there, a legal matter, that Walgreens and tenants like them will not allow -- well, they will not say -- will not welcome parking from other tenant parcels on their parcel. And how they enforce that I have no way of knowing and I don't think it's enforceable, really, at the end of the day. But they will not enter into a cross-parking agreement. Borton: Thank you. Huber: Thank you. Borton: This is a -- Zaremba: I'm sorry, Mr. President. Borton: Oh. Mr. Zaremba. Zaremba: That brings up one more question if I could ask Mr. Huber. Do they actually own that piece of property or are they leasing it from -- Huber: They are leasing it from us. Zaremba: Well, the owner of that property needs to do the cross-access agreement, not the lessee anyhow. Huber: Well, not in our lease. Zaremba: Okay. Thank you. Huber: Thank you. Borton: This is a Public Hearing and there are several people who have signed up to provide testimony. When I call your name if you would, please, come forward, state your name and address for the record. Matt Smith signed up for. Smith: Hello. My name is Matt Smith of Brighton Corporation. 12601 West Explorer Drive, Boise, Idaho. We met several months ago talking about this same issue. I mainly just want to talk about the access that was there. We are developing this area Meridian City Council March 20, 2007 Page 19 of 28 here and when we came to look at this whole access all the way to Stoddard -- Stoddard Road comes to about here. We met with ACHD and we said what are the issues, what can we do to help improve this whole access pOint. We knew ACHD was going to widen this road. So, several things were amiss. A lot of these drives did not line up. We had some drives that were too close to Meridian. Roaring Springs is kind of a -- there is some danger there as they exit. So, we had a lot of issues there. As we coordinated with ACHD, they said if you could go and meet with all the property owners to Stoddard and try to match up everybody, as well as go ahead and take some of those away and move this access a little farther from Meridian and, then, if we could solve this issue with Roaring Springs, then, we'd have a pretty good setup on Overland to make the whole thing better. So, we met with everybody here. We were able to, with ACHD and with all the property owners, match up all these drives along the entire way to Stoddard. And, then, also we were able to put a -- we are going to put a signal in here to help solve the Roaring Springs issue. In order to do that -- this is where the Roaring Springs access currently is. That is going to be moved over to here and a signal will be in to allow that. In addition to that, we were able to work with Roaring Springs to grant to Boonbocks an access easement, year around, so that Boondocks could access to the signal and get out as well. So, it helps clean up this whole corridor and thing with White Leasure right here -- if you can put on their site plan for a second, Caleb. Just a second. They currently -- they had an access point here that matched up with this one across the street. What we were able to do is as we worked with them, instead of having them have an access and us have an access, we were able to move their access over, share an access point, as well as taking this access point and moving it to the west, just allowing more room, because right now where it was previously, it would get conflicted with the stacking area here. So, this really helped clean this up. One of the reasons that we are in favor of this as well is as we come across here what this would do is this would be -- require a large ramp to ramp up and our building sits here, which is kind of a loading area, which creates more of a danger for -- well, for drivers. So, bringing it up through here and here just seemed to make a lot more sense, as well as -- if you can go back to that aerial. With the signal that's here we are bringing this -- this road through to here now, so these pedestrians can come to this signal, as opposed to having to come all the way across here, it cuts it up in the middle, so that pedestrians can get out to Overland here. So, I would just vote in favor of go ahead and amending this development agreement to allow access to go here due to this -- what's happened to the entire street of Overland. It's really been cleaned up. Any questions? Borton: Thank you, Matt. Council, any questions? Bird: I have none. Borton: Thank you. Van Elg signed up for. Brian McGrath signed up against. Mr. McGrath? Okay. That's all the people that have signed up to provide testimony. Is there anyone else in the public that cares to provide testimony or comment on this application? Seeing none, does the applicant have any final comments or information to provide? Meridian City Council March 20, 2007 Page 20 of 28 Huber: No. Thank you, Mr. Chairman. We just wish that you would approve this application and in my letter that I handed out to you it does modify that one condition and I have provided language for you to put -- enter into the record there that says that there will be cross-parking between all the lots within the subdivision, with the exception of the Walgreens parcel. And there will be cross-easement amongst all of the parcels within the subdivision. Thank you. Borton: Thank you. Council, any additional information needed from the applicant or staff? Bird: Mr. President? Borton: Mr. Bird. Bird: Did I miss -- or what was the -- what was the decision on the block wall on the south end? Borton: Mr. Huber, do you want to come forward and comment on that? Huber: There was no requirement in the staff report for a block wall. There is a significant grade change there and there is already an existing fence. We are going to provide 25 feet of landscaping at that location between those subdivisions. Borton: Between that southern portion of your property? Huber: Correct. Correct. Bird: I took that as being -- but that's -- Huber: Thank you. Bird: Thank you. Borton: Any other information needed, Council? Seeing none -- Zaremba: Mr. President, I would just comment that I think this is a good project. It would be good for the city. It's been anticipated for some time. I still have some discomfort with the lessee telling us what our rules need to be, but I feel the owner could enter into that agreement and most leases have a clause in them that if they have a statement that turns out not to be in compliance with laws, that that clause doesn't break the rest of the lease. It's not really a deal breaker for me, but I feel we should require the cross-access and cross-parking on all lots. Bird: Mr. President? Borton: Mr. Bird. Meridian City Council March 20, 2007 Page 21 of 28 Bird: I agree, too. This is a welcome site out there on that corner after all these years and I have no problem with the Walgreens not having cross-access parking. I'm sure they are not going to mind if you park in their lot and go in and get a prescription or give a prescription off, then, walk across to McDonald's from their parking lot and have a hamburger. So, I don't see any problem with it. I understand it's a lease and I don't think it's the first one we have ever done. As long as they meet the requirements of their parking and they do that on every one of them, so I have -- that is no fear of mine at all. Rountree: You don't want to hear about me and Walgreens, Mr. President, but I don't disagree with what Mr. Zaremba said. Borton: I don't either. I don't either. I think Mr. Nary highlighted the problems that we create for coming years and decades by waiving that particular requirement. It would be something that would be required in a lease, because it's a particular value to the lease holder and one they wish to protect if it wasn't important to them I would imagine. It wouldn't be a deal breaker, but it's important to do it right on the front end, so -- Bird: Mr. President? Borton: Mr. Bird. Bird: To clarify my thoughts on that is if -- and most cross-access parking is -- cross- parking is because you don't -- each building don't have its own parking area. This one does. Every building meets the requirements of the city parking code. If they didn't, then, I'm sure the applicant would be out there talking to Walgreens, but -- and I would be the first if they didn't meet it -- if they all didn't meet it, I would be the first to say I wouldn't be in favor of it. If they all meet their parking liability and so it's -- to me I don't think we are setting a precedent for the city. I think it's already been set more than once and while I would prefer to have cross-parking, I don't have no problem with not having it. Borton: The Public Hearing -- Huber: Mr. Chairman, may I make one more statement? Borton: Mr. Huber. Huber: Addressing Mr. Zaremba's concern about them walling off their parking lot, they have a cross-access agreement, which will prevent that. There is always cross-access. Thank you. Borton: The Public Hearing is still open, Council. Zaremba: Mr. President? Meridian City Council March 20, 2007 Page 22 of 28 Borton: Mr. Zaremba. Zaremba: I move we close the Public Hearing on MI 07-002 and PP 07-003. Bird: Second. Borton: It's been moved and seconded to close the public hearings on Item 15 and 16. All those in favor say aye. MOTION CARRIED: ALL AYES. Zaremba: Mr. President? Borton: Mr. Zaremba. Zaremba: After considering all staff, applicant and public testimony, I move that we approve MI 07-002 and PP 07-003 relating to Medina Subdivision, to include all staff comments, not modified. Rountree: Second. Borton: It's been moved and seconded to approve Items -- did you say Items 15 and 16? Zaremba: Fifteen and sixteen. Borton: Items 15 and 16. Bird: Did you have the PP 07-003? Borton: He did both. Bird: Did you change the condition on 1.2 -- did you change the -- Zaremba: I believe I said both of them. Aren't they both open? Bird: Oh, you closed it. Rountree: Closed on both and moved on both. Borton: It's been moved and seconded to approve 15 and 16 without the -- Rountree: Without the modification. Borton: -- modification 1.2.7 with regards to the cross-parking. Meridian City Council March 20, 2007 Page 23 of 28 Zaremba: That was my intent, yes, Borton: Okay. Second agrees? Rountree: Second agrees. Borton: Okay. Any discussion? Seeing none, Mr. Berg, please, call roll. Roll-Call: Bird, nay; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: THREE AYES. ONE NAY. Item 17: Item 18: Item 19: Public Hearing: AZ 06-058 Request for Annexation and Zoning of 38.01 acres from RUT (Ada County) to R-8 zone for Saaewood Subdivision by M & H Development, LLC - 4435 S. Meridian Road: Request to Withdraw Applications: Public Hearing: PP 06-057 Request for Preliminary Plat approval of 115 single-family residential building lots and 6 common/other lots on 38.01 acres in a proposed R-8 zone for Saaewood Subdivision by M & H Development, LLC - 4435 S. Meridian Road: Request to Withdraw Applications: Public Hearing: VAR 06-025 Request for a Variance to exceed the maximum block length allowed by UDC 11-6C-3F for Saaewood Subdivision by M & H Development, LLC - 4435 S. Meridian Road: Request to Withdraw Applications: Borton: Items 17,18 and 19 have been withdrawn by the applicant. Zaremba: Mr. President, I move we accept the withdrawal of Items 17,18 and 19. Rountree: Second. Borton: It's been moved and seconded to accept the withdrawal of 17, 18, 19. All those in favor say aye. MOTION CARRIED: ALL AYES. Item 20: Public Hearing: PP 06-060 Request for Preliminary Plat approval of 30 single-family building lots, 3 common lots and 1 other lot on 10.57 acres in a proposed R-8 zone for Sundial Subdivision by Gemstar Development - south of Ustick Road and west of Linder Road: Borton: Thank you. Item 20 has been requested to be continued to April3rd, 2007. Meridian City Council March 20, 2007 Page 24 of 28 Rountree: Mr. President? Borton: Mr. Rountree. Rountree: I move that we continue Item 20, PP 06-060 to April -- what was the date they requested? 3rd. Borton: It's been moved and seconded to continue Item 20 to April 3rd. All those in favor say aye. MOTION CARRIED: ALL AYES. Item 21: Public Hearing: AP 07-002 Request for City Council review in an Appeal of the Planning and Zoning Commission's denial of a Conditional Use Permit to allow a 200 square foot canvas carport in the 0- T zone for Kellev Carport by Larry and Judy Kelley -- 403 E. 2nd Street: Borton: Item 21 has been vacated during the adoption of the agenda. Item 22: Ordinance No. Reading: 07-1301 New Fireworks Ordinance - 2nd Borton: Item 22 is Ordinance No. 07-1301, second reading of the new fireworks ordinance. Mr. Berg. Berg: Thank you, Mr. President, Members of the Council. Ordinance 07-1301 by title only. An ordinance of the City of Meridian repealing Chapter 4, Title 5, of the Meridian City Code relating to fireworks, providing for a new Chapter 4, Title 5, to be known as the Meridian Fireworks ordinance, providing for a short title, definition, sales, storage, possession, and/or discharge of fireworks, inspection by the fire chief, permits for retail sales of non-aerial common fireworks, retail sales of non-aerial common fireworks, storage of non-aerial common fireworks, general provisions, liability of parents or guardians, violation and penalties, permits for public fireworks displays and public fireworks displays. Item 23: Executive Session per Idaho Code 67-2345(1)(c) -- (to conduct deliberations concerning labor negotiations or to acquire an interest in real property, which is not owned by a public agency) and 67-2345(1)(f) - (to consider and advise its legal representatives in pending litigation): Borton: Thank you, Mr. Berg. Item No. 23. Rountree: Mr. President? Borton: Mr. Rountree. Meridian City Council March 20, 2007 Page 25 of 28 Rountree: I move that we go into Executive Session as per Idaho Code 67-2345(1)(a), (1)(b), (1)(c) and (1)(f). Zaremba: Second. Borton: It's been moved and seconded that we go into Executive Session. Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. (Recess. ) Item 6: Department Reports: A. Mayor's Office: 1. Appointment of Planning and Zoning Commissioner: Rountree: I move that we come back out of Executive Session to consider Item 8, I believe it was. Zaremba: Second. Borton: It's been moved and seconded to come out of Executive Session for the Department Report of-- Rountree: Item 6. Borton: Item 6-A. All in favor say aye. Zaremba: We may have lost Keith. I think he already went -- Rountree: We have got a quorum. Borton: All those in favor say aye. MOTION CARRIED: ALL AYES. Borton: Madam Mayor. I apologize. De Weerd: Okay. Yes, Mr. President -- well, I apologize. We have this March Against Meth going on right now and so I was walking down the road marching against meth. So, I apologize. Council, in front of you, you have my appointment recommendation for Meridian City Council March 20, 2007 Page 26 of 28 our Planning and Zoning Commission. We -- I'm sorry. Mike Rohm and I had interviewed Mr. O'Brien and he is our top pick for both Mike and myself. Mr. O'Brien lives south of the freeway, which is an area that we are starting to expand into and we felt very comfortable with the commitment and -- and we did not sugar coat it, we told him what the commitment would be and so Mr. O'Brien was not put off and so he comes highly recommended by us. I would ask if you have any questions, but He is aware it is a six year term and he's ready and willing to serve. Rountree: Madam Mayor, the only question I would have is he able to keep his eyes open at 2:00 o'clock in the morning. O'Brien: Been there. De Weerd: Mr. O'Brien, do you have anything you would like to add? O'Brien: Other than just honored and privileged I think to serve this community and I have been here for 30 years and watched it grow from six, seven thousand people up to where we are today and as she mentioned south of the freeway has always been an interest of mine, because that's where I have resided in the same place for all these years. And so interesting things that happened, like was presented tonight, things that are starting to be of concern across the freeway are concerns with me as well and I can only say that I can look around and watch things happen or I can get involved and that's what I want to do, I want to get involved, so I have got the time and I think I've got the knowledge to carry on, so that's alii have to say. De Weerd: Mr. O'Brien really has a diverse background as well. Has had experience with HP and he's also -- you were in the military as a -- O'Brien: I was a deputy in the military and law enforcement in Hawaii and also served as a part time policeman in southern California in Menlow Park PD in the Bay area before I -- when I was working in the Bay area in Menlow Park is where I was working at HP and I made a decision to do one or the other, so I stuck with HP. So, anyway, those are my experiences there. So, here I am. De Weerd: Well, Mr. O'Brien, I appreciate you being here and your wife. We will be using a lot of your time and we appreciate -- O'Brien: She's happy for that, by the way. De Weerd: And you know what, he shared that during the interview, too. You know, he did suggest that you highly encouraged him to do this. So, Council, I do have a recommendation in front of you and I will -- I would appreciate a motion to confirm this appointment. Zaremba: Madam Mayor? Meridian City Council March 20, 2007 Page 27 of 28 De Weerd: Yes, Mr. Zaremba. Zaremba: I move that we validate your nomination with great pleasure. Borton: Second. De Weerd: Okay. We have a motion and a second. Any discussion? Mr. Berg, will you, please, call roll. RolI:-Call: Bird, nay; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. De Weerd: Thank you so much. I just talked to staff. Will and our planning director, who is not here this evening, Anna Canning, will be getting in touch with you, so you can have a little acclimation before we throw you in the fire. O'Brien: That would be good. There is a I have a lot of questions. De Weerd: Well, very good. And if you don't hear from them, they will -- you call them. O'Brien: Okay. Berg: Here is my card. Item 23: Executive Session per Idaho Code 67-2345(1)(c) - (to conduct deliberations concerning labor negotiations or to acquire an interest in real property, which is not owned by a public agency) and 67-2345(1)(f) - (to consider and advise its legal representatives in pending litigation): De Weerd: Thank you, Will. Okay. Council, I would entertain a motion to adjourn into Executive Session. Rountree: Madam Mayor, I move to move my previous motion to go into Executive Session. Bird: Second. De Weerd: Okay. Well, we have a motion to a motion. Mr. Berg, will you, please, call roll. Roll-Call: Bird, nay; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. EXECUTIVE SESSION: Meridian City Council March 20, 2007 Page 28 of 28 De Weerd: Okay. Council, I would entertain a motion to come out of Executive Session. Zaremba: So moved. Rountree: Second. De Weerd: All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Do I have a motion to adjourn? Rountree: So moved. Zaremba: So moved. Bird: Second. Zaremba: Second. De Weerd: All those in favor? Motion approved. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 9:24 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: X \1111111""1/11 4- 7 \\,'1 , /111 \\\\\ -.( Of MEJt~ 1/..-// / 17 / () '" cf w:}~Z1,t.. ;;;~ DATE APPROVED ~e Wler~ Ih,.ni,.... ~p ~6 \. I ,~ :: = = ~T