HomeMy WebLinkAbout2007-09-07 Regular MeetingMeridian City Council Meeting September 25, 2007
A meeting of the Meridian City Council was called to order at 7:05 P.M., Tuesday,
September 25, 2007 by Mayor Tammy de Weerd.
Members Present: Mayor Tammy de Weerd, Keith Bird, Charlie Rountree and Joe
Borton.
Members Absent: David Zaremba.
Others Present: Bill Nary, Will Berg, Anna Canning, Ron Anderson, Bob Stowe, Keith
Watts, Matt Ellsworth, and Dean Willis.
Item 1: Roll-call Attendance:
Roll call.
0 David Zaremba X Joe Borton
X Charlie Rountree X Keith Bird
X Mayor Tammy de Weerd
De Weerd: I will go ahead and call tonight's meeting to order. Thank you all for joining
us here this evening. We will start tonight's meeting with roll call attendance. Mr. Berg.
Item 2: Pledge of Allegiance:
De Weerd: Item No. 2 is our pledge of allegiance. All rise and join us in the pledge.
(Pledge of allegiance recited.)
Item 3: Community Invocation by Pastor Shawn Regan with The Church of
God Seventh Day:
De Weerd: Item No. 3 is our community invocation. Tonight we will be led by Pastor
Craig Flynn. He's with Meridian Alliance Church. It's been awhile. We would like you
to join us in the community invocation or take this as an opportunity for a moment of
reflection. Pastor.
Flynn: Thank you. Let me give you a minute for your own personal reflection, as the
Mayor said, and, then, I will pray. God, we acknowledge tonight all things are because
of you and every city erected, every community is an extension of your grace and we
thank you for the place that you have placed us to live and play and work together. I
thank you for the City of Meridian and the leadership that sits before me and we pray
blessing on their leading tonight as they serve you and the city and, Lord, the prayer in
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September 25, 2007
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my heart tonight is that give us a fresh wind of mercy throughout our city and we would
extend forgiveness in friendships, family relationships, where things have went wrong in
businesses or communities of faith, that you said bless to those who are merciful for
they will have mercy. God, I pray for our city tonight that we would have a spirit of
forgiveness as we wrong one another and repair relationships, that through that spirit of
forgiveness you would build us a strong city. Bless this meeting now and we pray these
things in your name, amen. Apologize for missing last month. I forgot.
De Weerd: Well, we sure enjoy having you here and it's nice seeing you again.
Item 4: Adoption of the Agenda:
De Weerd: Item No. 4 is adoption of the agenda.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: We have an addition in the Department Reports. It's been requested by the city
attorney to have Item No. 2 under D and that will be SWAC update. Item No. 14 has
been asked by the applicant to continue to October 2nd, 2007. Item 16 is ordinance
number 07-1339. Item 17 is resolution number 07-578. Eighteen is 07-579. And 19 is
07-580. And ordinance number on 20 is 07-1340. And with that I move we approve the
agenda as noted.
Rountree: Second.
De Weerd: I have a motion and a second adopting the agenda as read. All those in
favor say aye. All ayes. Motion carried.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 5: Consent Agenda:
A. Approve Minutes of August 28, 2007 City Council Regular
Meeting:
B. Approve Minutes of September 4, 2007 City Council Regular
Meeting:
C. Findings of Fact and Conclusions of Law for Approval: PP 07-
011 Request for Preliminary Plat approval for 18 commercial
building lots on 18.5 acres in a C-G zone, for Paramount
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Commercial Southwest by Ustick Marketplace, LLC -Northeast
Corner of North Linder Road and West McMillan Road:
D. Development Agreement: RZ 07-012 Request for Rezone of
approximately 22.7 acres from an R-8 to a C-G zone for Valley
Shepherd on Meridian by the Valley Shepherd Church of the
Nazarene - 150 West Maestra:
E. Approve Agreement with Brighton Corporation for Water
Improvements in Coordination with Brighton Corporation
Proiect Intersection Linder Road and McMillan Road:
F. Approve Task Order 0713 with Civil Survey Consultants, Inc.
for Engineering Services Related to 2008 Water System Flush
Lines Project for $37,665.00:
G. Approve Change Order for McAlvain Construction and ILS
Company, Inc. for MYB Complex at Settlers Park in the
amount of $20,600.00:
H. Approve Task Order 0718 for Professional Services with Civil
Survey Consultants, Inc. for Engineering Consulting Services
for Municipal Water and Sewer Systems not to exceed
$20,000.00
I. Approve Sanitary Sewer and Water Easement with Ten Mile
Center, LLC for McNelis Subdivision:
J. Approve ICRMP Insurance Renewal with Joint Powers
Subscriber Agreement:
K. Development Agreement: AZ 07-010 Request for Annexation
and Zoning of 6.67 acres from an R1 zone to a C-G zone for
Gardner-Ahlquist Gateway South by Ahlquist Development, LLC
- Southeast Corner of Franklin and Eagle Roads:
De Weerd: Item 5 is the Consent Agenda.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
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September 25, 2007
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Bird: I move we approve the Consent Agenda as published and for the Mayor to sign
and the Clerk to attest on all papers.
Rountree: Second.
De Weerd: I have a motion and a second to approve the Consent Agenda. Is there any
discussion? Hearing none, Mr. Berg, will you call roll.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, absent; Borton, yea.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 6: Department Reports:
A. Mayor's OfFice:
1. Appointment of Tom LeClaire to Impact Fee Committee:
De Weerd: Thank you, Mr. Berg. Item 6-A under the Mayor's office, in front of you I do
have an appointment for Tom LeClaire to the Impact Fee Committee. We do have a
designated member from the Parks Commission on that Impact Fee Committee. In the
past it's been Jim Keller. The commission has submitted their request for
Commissioner Tom LeClaire to be that representative. So, I submit that name in front
of you and ask for your confirmation of that appointment. Are there any questions?
Rountree: I have none.
De Weerd: Okay.
Borton: Madam Mayor?
De Weerd: Yes, Borton.
Borton: Seeing no questions, I move that we approve the appointment of Tom LeClaire
to the Impact Fee Committee.
Rountree: Second.
De Weerd: I have a motion and a second to approve the appointment of Tom LeClaire
to the Impact Fee Committee. Mr. Berg, will you, please, call roll.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, absent; Borton, yea.
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September 25, 2007
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MOTION CARRIED: THREE AYES. ONE ABSENT.
De Weerd: Mr. Nary, if you could, please, ask Michelle to give him a call and get him
the materials for the next meeting.
Nary: We will.
B. Finance /Purchasing Department:
1. Construction Manager Chance Order No. 2 for MJ's
Backhoe & Excavation for Removal of Unsuitable Soils
for New City Hall Project:
De Weerd: Thanks. Item 6-B under finance department. I will turn this over to Mr.
Watts.
Watts: Good evening, Mayor, Council Members. Before you I have change order
number two for MJ's Backhoe for the City Hall project. This is for the removal of the
unsuitable soils for the month of August for an additional 39,780 dollars. This should
take us through until next spring, I believe, once the UPR lease agreement is
completed. We will still have additional excavation required that is beyond their contract
once we get into that area, which is the UPR right of way and we will have to excavate
-- we know there are unsuitable soils over there that we will have to remove and bring in
fill, which was not part of that bid, and we will tackle that at that time. Are there any
questions on this one?
De Weerd: Council, any questions?
Bird: I have none.
Rountree: I have none.
De Weerd: Wes is sitting in the back.
Watts: Yes. He's going to get to talk to you --
De Weerd: Okay.
Bird: Madam Mayor?
De Weerd: Yes.
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September 25, 2007
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Bird: I move that we approve Change Order No. 2 for MJ's Backhoe -- Backhoe and
Excavation for 39,780 dollars.
Rountree: Second.
De Weerd: I have a motion and a second approving the Change Order No. 2. Any
discussion?
Rountree: I have none.
De Weerd: Mr. Berg.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, absent; Borton, yea.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 2: Construction Manager Chance Order No. 1 for Petra, Inc. for
Removal of Unsuitable Soits for New City Hatl Project:
De Weerd: Okay.
Watts: Thank you, Madam Mayor and Council Members. The next issue or item up is
the change order request from Petra for CM fees for the unsuitable soils and Wes Bettis
of Petra will come up and explain and answer any questions for you. Wes.
Bettis: Thank you, Keith. Madam Mayor, Council President Borton, Councilman
Rountree, Councilman Bird, distinguished staff. For the record, my name is Wesley
Bettis, Petra, Incorporated, 1097 North Rosario Street here in Meridian. 83642. Before
we get started a real quick update for you. Steel erection is progressing very well.
Plumbing, mechanical, electrical contractors have been working in the basement and on
their deck penetrations as the steel decking is going down. We laid down approximately
12,000 square feet of slab on deck and slap on grade today. And we begin our interior
framing in the basement tomorrow right on schedule. Idaho Power is on site and
beginning to set the transformers. We will have those energized approximately
Wednesday of next week. And we found some more unsuitable soils as we were
digging for the transformers today.
De Weerd: Oh, my gosh.
Bettis: Even a lunch box lid amidst everything else on that south side at the old alley
that was sitting under the old warehouse building.
De Weerd: So, what was in there that made it unsuitable. The lunch pale?
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September 25, 2007
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Bettis: It was just all garbage. Yeah. The lunch pale. Sawdust. Ash -- some more ash
from the original fire. It's going to be a fun site. But it looks like we are getting out of
most of it. One thing I did want to note is that we did have a schedule for occupancy of
August 1st of 2008 and that ran with our schedule of February 12th of this year. When
we discovered the unsuitable and contaminated soils and learned of the extent of that
work, we reworked the schedule, identified all of the areas that we could pick up some
additional time and where we were actually affected within the critical path and when we
published the schedule on April 12th, the schedule did slip to August 25th of 2008. So,
we lost about three weeks, even though our total lost time was 24 working days of five
full weeks of time from when we found contaminated soil until we had it all off the site.
So, we are still tracking. We are going to have you in the building at this point in August
of 2008. We did lose three days of weather this week, but so far it looks like we are
going to be able to pick that up as well. So, still making good progress.
De Weerd: Well, I continue to pray that you get us, like you did the church, in a month
earlier.
Bettis: You and me both, Mayor.
Bird: We are going to.
Bettis: I would like to note that with the -- the change order that you just approved for
MJ's, as well as the change orders that we have brought forth in previous months, this is
why we put a contingency item in the budget and to date on change orders to the
building alone we have only charged 134,000 dollars to that contingency account. So,
we are still running well within the budget on this building at this time.
De Weerd: Thank you. That's greatly appreciated with the number of surprises.
Council, any questions?
Bird: What's the final number? I don't remember.
Bettis: On the total budget?
Bird: On this -- no. On the change order.
Bettis: On the change order.
Bird: Fifty some thousand.
Bettis: The total request is for -- excuse me, Councilman Bird, you caught me off guard.
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Rountree: Does Keith have it?
De Weerd: Keith, do you have that?
Bettis: It's for 52,502.45.
Bird: Fifty-two -- how much?
Bettis: 52,502.45.
Bird: 502?
Bettis: Correct.
Bird: Thank you.
Borton: Madam Mayor?
De Weerd: Yes, Mr. Borton.
Borton: A question for Mr. Nary in light of the request and the comments. Can you give
us a snapshot of the contract language and the request makes reference to this being
beyond the scope and defined duties within the original CM agreement and is this -- is
the contaminated soil a part of the expected risk or is it something else?
Nary: Madam Mayor, Members of the Council, Council President Borton, I think the -- I
think the issue of the request is legitimate, because it was not -- I don't think the extent
of the soils was probably contemplated to the degree of work that was covered. I think
the issue that the Council has previously addressed or discussed was when should that
request be made. I mean there was -- there was another company and Mr. Watts could
probably help me with that. There was another company that also helped with that
oversight of that contaminated project; isn't that correct?
Watts: It's MDI is --
Nary: Correct.
Watts: And they are still on site.
Nary: So, I think it's reasonable for Petra's request that it was not necessarily
something that was contemplated in the formation of the contract. I think the issue is is
at what point should that request have come back to you for that consideration and what
are they asking for -- payment for in relation to what the other company that was paid
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September 25, 2007
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also -- what oversight did they provide. So, I think that's really more the question and
not just the -- whether it's a reasonable request.
Borton: Madam Mayor?
De Weerd: Uh-huh.
Borton: Keith, do you have a comment or a response provided --
Watts: Well, from a contract standpoint it is above and beyond what we originally
contracted, just as it was with MJ's Backhoe, the site excavator. We bid -- we bid the
site with specifics for excavation. As they got into it -- as soon as they started they, as
you know, found all the issues that we came up with. They are not going to eat that
money just because they found these unsuitable soils and Petra is, essentially, asking
for the same thing. They are bringing -- they brought in the construction manager
earlier than expected to deal with these unsuitable soils and that is, in essence, what
they are asking for and Wes can break that down and give you the details of that. He
does have all the details for that.
Borton: Thanks.
De Weerd: Any further discussion? Thank you. I'm looking for a motion.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move that we approve Change Order No. 1 to our construction manager Petra,
Incorporated, for the sum of 52,502 dollars.
De Weerd: And 45 cents.
Bird: I cheated them out of the 45 cents. They can round it off.
Rountree: Second.
De Weerd: Oh, man. You were shorted, Wes. But I do have a motion and a second.
Any discussion? Mr. Berg.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, absent; Borton, yea.
MOTION CARRIED: THREE AYES. ONE ABSENT.
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De Weerd: I think I have the 45 cents. I will cover it.
C. Planning Department:
1. Joint Meeting with Ada County Highway District Items
for October 1, 2007:
- 3~d Street
- Ustick/Linder
- Use of STP-TMA Funds
- Alliance and Future Funding of Roadway Projects
- Commercial Lane Extension
De Weerd: Under our Planning Department. Anna. Oh, I guess Matt. Thanks for
joining us.
Ellsworth: Thank you, Madam Mayor, Members of the Council. This department report
revolves around -- this upcoming Monday, October 1 st, a joint meeting with Ada County
Highway District commission. The situation in conversations with ACHD staff is that
with the number of agenda items that have been proposed, the amount of time that's
currently available for that meeting, will not allow an in-depth discussion of all of these.
So, I wanted to bring this list of proposed agenda items to you this evening to receive
some direction as to which ones are the top priorities for the city at this time to allow a
detailed discussion of those priorities. What I had proposed doing here is just to run
through the list that I handed out in your packet there. I can sort of give you some of the
rationale behind each of these recommendations that are included with each of these
agenda items. We can, then, take a minute to answer any questions that Mayor or
Council has and, then, if it seems reasonable to you we can go through the list one
more time to identify the -- the issues to move forward on the agenda for Monday. So,
diving in, the first agenda item was the 3rd Street extension study. At the September
11th pre-Council meeting staff was instructed by Council to work with MDC and the
consultant to finalize the scope of work and to generate cost estimates for commission
of that study. Due to scheduling conflicts we weren't able to move that forward as
quickly as we had hoped. We did sit down with the consultant and hope to receive the
cost estimates and the final draft of the scope next week. Due to lack of information at
this time and presumably on Monday when you sit down with the commission as well,
for the moment staff would recommend removing that from the joint --the joint meeting
agenda. The second proposed agenda item is the intersection of Ustick and Linder,
which based on previous five year work plans was previously programmed for 2008
construction. It has since fallen back to 2009 and that was also confirmed with the
adoption of the fiscal year 2008-9 budget that ACHD approved late August. The
removal of this intersection is recommended by staff and the main reason for that is in a
subsequent proposed agenda item here that conversation can come up as to how to
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September 25, 2007
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handle some of those projects that could presumably fall out over the course of the next
few years. Jumping down one, the third agenda item here is alliance and future funding
of roadway projects. This would be to receive an update on how things are moving
forward based on the recommendations of the Urban Land Institute when they came in
and did the panel review of ACHD and regionalism in the Treasure Valley. Obviously, a
big part of that is project prioritization and future funding of ACHD roadway projects.
Therefore, there is an opportunity to roll that Linder-Ustick intersection discussion in
with the discussion of the alliance and future funding of roadway projects. Staffs
recommendation on that third item is to include it in the agenda for Monday. Moving to
number four. The use of STP-TMA funds. Those funds are filtered from the federal
government through Compass each year. It's approximately five million dollars that in
the past had been used for primarily roadway projects and the main reason that staff
initially suggested including that item on Monday's agenda was to discuss some of the
proposed projects on Franklin Road. Franklin from Black Cat to Ten Mile and also Ten
Mile to Linder were previously proposed for funding with STP-TMA dollars. ACRD is in
the process of removing those projects from the federal funding, which in the long run is
likely going to lead to an earlier construction date than it looks like the federal process
would have been able to provide. Cost escalations have severely limited how far that
5.5 million dollars can get you annually. As a result, the net loss there and the impact of
the decision to remove those at the moment is fairly minimal, because, like I said, those
two miles of roadway will actually advance the construction here, as opposed to being
included in the federal process. Therefore, I'd recommend removing that and waiting for
ACHD commission to spark any conversations about future use of those dollars. The
next agenda item that was proposed for inclusion is a commercial lane extension and
this is not one that I have been following all that closely, so I may turn it over to Anna
Canning here to provide some details on this agenda item and where we are with it.
Canning: Madam Mayor, Members of the Council, you mayor may not be aware, there
is a small gap in between what is commercial lane and what is commercial road and the
question is is it appropriate to connect those two. We had thought that there wasn't
much opportunity to work this out at the staff level, but once it got on an agenda we
were able to find out that there is more opportunity to do that. So, what we'd like to do
is talk about it with ACRD staff, the property owner that owns what could fill that gap,
and work out aconnection -- or work out the details and bring that back to City Council
at a later date.
De Weerd: Well, it seems like the intended purpose for even putting it out there has be
met.
Canning: Yes.
De Weerd: So, that's great. So, the recommendation would be to remove that. So,
Matt, that leaves us with two items?
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September 25, 2007
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Ellsworth: Madam Mayor, Members of the Council, that's correct. The next item was
the Overland Road realignment, which was recommended for an update on recent
ACHD action relating to the roadway and discussion of next steps. On August 22nd
ACHD commission conceptually approved a realignment of Overland Road to the
southeast of Ten Mile and that was per the recommendations of the south Meridian
transportation study. Subsequently on September 12th ACRD considered the South
Ridge and ended up approving that proposed development, which is the development
that -- that confirms that realignment. The recommendation of staff for this item is to
include just to discuss next steps and see how we can keep that process moving
forward. And I apologize, there are a couple of other agenda items here. The next one
is the split corridor landscaping and this was a suggestion by Meridian Development
Corporation to talk about the landscaping plan, which is being coordinated with the
finalization of the design for a split corridor phase one. I'm not one hundred percent
familiar with where we are with that, but the recommendation of staff is to include it. I'm
sure that MDC would not have recommended it if movement had not occurred. So,
interested to hear their take on that. Next item is a joint effort --
De Weerd: Matt, will Shaun be available at that meeting, then, for any discussion on
our community sites, that he can speak on behalf of the MDC?
Ellsworth: Madam Mayor, Members of the Council, I haven't spoken directly to Shaun
about that, but that was an agenda item that he requested and I assume that he was
planning on being there.
De Weerd: Can you confirm that if Council does keep that on the agenda?
Ellsworth: I will.
De Weerd: Thanks.
Ellsworth: The next proposed agenda item is the joint effort on regional state issues,
which is to discuss ongoing need to bring folks together in supporting ITD and urging
the legislature to move the GARVEE program forward. The update on that at this time
is that at last week's board meeting ITD determined that they were going to request 134
million dollars of additional bonding authority, which as I understand it will include the
construction dollars for Ten Mile interchange. As a result, the next joint meeting with
ACHD will come in next December, which will still allow time to get on the same page
going into the legislative session, because for that reason I would recommend removing
this from this meeting and including it on the next one. Finally, the last proposed
agenda item is the discussion of roundabouts versus intersections within Meridian
Gateway and that's on the corner of Eagle and Franklin Road. The question of a
roundabout versus a T intersection came out of the Council meeting for that proposed
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development and on this one staff was really hoping for a discussion by Mayor and
Council as to what the city's intention was with the inclusion of the roundabout at that
location. As you can see with the attached letter on the packet there, ACHD's primary
concerns with including a roundabout there is that -- as opposed to a stop -- or a three
way stop intersection, it will not -- it will not deter the cut-through traffic that may
otherwise occur for vehicles heading northbound wishing to continue eastbound on
Franklin. It might be easier for them just to head through the development, which may
have a negative impact on that development and potentially the safety therein. So, I
suppose that's the one -- we can come back to that as we work our way through these
agenda items, but I'd like to pause for a second to see if Mayor or Council has any
questions about any of these proposed agenda items before we move forward.
De Weerd: No. At this point I did want to just kind of elaborate. We had a couple of
people sitting in our audience who actually joined us last week, which was greatly
appreciated. I think the sign of citizen and business support as we stood in front of ITD
board was a strong statement that not only are we watching you, but we will stand
beside you as we move that request forward for the GARVEE funds and in that 134,000
dollars -- 60 million -- 143 million. I'm not used to those numbers. Sixty million was
included for the Ten Mile interchange and that -- that was a big deal. That is what is
needed to fully construct and to begin construction in 2009. So, we do need to continue
to be diligent to help support this request as they move it forward to the legislature. So,
that can be removed. I did talk with their director today and they are preparing a letter
with information kind of in response to a question that one of the board members -- and
I think it was Board Member Sweeny, had asked on what the investment at the local
level has been -- not from the city, but from Ada County Highway District, and they are
preparing a letter to summarize a lot of the different activity they have in support of the
infrastructure that is needed in that area.
Ellsworth: Excellent.
De Weerd: Council, any questions on the remaining items for our joint meeting
agenda?
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I had heard some concern from ACHD about the 3rd Street extension study
and, then, feeling like they had been taken out of the conversation and I don't know if
that's been remedied. If there is still some concern on their part, they may want to talk
about that and make sure that they do have sufficient input into that study and I don't
know where that is at this point. 1've not heard back from anybody there. I did hear
from several people a couple weeks ago.
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September 25, 2007
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De Weerd: I did talk to the director on that item as well today and they were
comfortable with our proposal and moving it forward, unless Christie has anything
different she would like to add.
Rountree: We are okay, then?
De Weerd: We are good.
Rountree: All right. We are working together.
Ellsworth: And the intention on that has and will be to just assume some of the
management responsibility on part of MDC and city, keeping ACRD at the table at every
step throughout the process. I'm going to hand it off to Anna here.
Canning: Madam Mayor, Members of the Council, at your last discussion item when
you talked about the 3rd Street extension project, we had thought that we could roll over
those funds that we didn't use this fiscal year. I contacted the finance director the next
day and was told -- it wasn't Stacy's just usual, no, you can't do that, it was Stacy's
adamant, no, you cannot do that at all, don't even think about it. So, it is too late to roll
over those funds. What she said we can do is wait until the new budget year begins,
that to -- we'd have to pull that money back out of the general fund reserve and put it
back into the budget. So, we will need to come forward with a budget amendment to
put 3rd Street back in. So, basically, putting that money into the fund and, then, we will
have to take it out, we can't just roll it over.
De Weerd: And we will want to wait until we get the numbers from consultants
regardless. Any other questions?
Rountree: Madam Mayor?
De Weerd: Yes.
Rountree: My only other comment would be possibly melding the joint effort on regional
and state issues with the discussion on Alliance and future funding for roadway projects.
It seems to me like that's a pretty good marriage of topics and probably going to be
talked about anyway, so -- at least start the discussion on the -- on the state and
regional issues.
De Weerd: Matt, I guess my question would be are we looking to take the lead in this
discussion or ACHD?
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September 25, 2007
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Ellsworth: Yeah. The proposed agenda items, Madam Mayor, Members of the Council,
that are in front of you were all suggested by the city, whether it was staff, Council --
they came from several different sources. Conversations with ACHD staff late last week
indicated that the amount of time that they have for that meeting will not allow a
discussion of each of these. So, they sort of threw the ball back in the city's hand to --
to go through and determine what is most important for discussion at this time and
identify other agenda items that might be able to slip out until the next joint meeting.
De Weerd: I guess, Matt, if we can have the Overland realignment and split corridor
landscaping as items one and two and, then, consolidate the alliance and future funding
for roadway projects and the regional state issues as the third item, unless Councilman
Rountree is the discussion leader on that.
Rountree: You want me to cheerlead it for you?
De Weerd: Uh-huh. You bet.
Bird: Would you wear your outfit?
Rountree: Will I wear my ITD hat? No.
Bird: No. No. Your cheerleading outfit.
Rountree: My cheerleading outfit.
Borton: Madam Mayor?
De Weerd: Yes, Mr. Borton.
Borton: An additional item that I throw out for the Mayor and Council discussion -- and
by no means am I intending or want to pick a fight and I might be the only guy who
doesn't know it, but I would invite a topic that discusses the future use of the objective
point system analysis, which appear to be all but abandoned in most recent budgets.
You did an awesome job of preparing a letter in short order outlining our concerns. If
there was a detailed response, I never saw it, and before I would want to overtly criticize
ACRD and that budget process, I'd love to invite them the opportunity to explain the
decision to abandon that objective analysis and to give us some guidance going forward
if we should utilize that point system in our planning with staff and Council going
forward. If there is a different program we should use, different analysis. Unless there
is information provided in that regard that Imissed -- and I never saw a response to
your letter and if that system is not what we use going forward, then, let us know.
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September 25, 2007
Page 16 of 66
Ellsworth: President Borton, Madam Mayor, Members of the Council, as far as I know
there was not a formal response to that. as far as I understand it, one of the charges of
the Alliance -- the regional alliance that was proposed by ULI was to revisit some of
those prioritization processes. I wonder if -- if inviting or allowing that opportunity for
some sort of formal response from ACHD wouldn't be an appropriate subcomponent of
that conversation, in addition to the consideration of state and regional issues pointed
out by Councilman Rountree.
Borton: Madam Mayor? And that -- that may be fine. I mean to me it's simpler than
that and it appears we had the criteria, we had the system and the plan and just have to
apply it. So, unless Council thinks maybe that should be included as part of that
discussion -- I just want to give them the opportunity to -- to address that topic, because
it's critical and we were all pretty frustrated about it and maybe that can be included as a
subcategory of that.
Ellsworth: Madam Mayor, Councilman Borton, Members of the Council, would you
prefer that removed and included as its own agenda item or do you think it would be
sufficient to include it as a subcomponent of that third agenda we just discussed?
De Weerd: Matt, I guess I would ask that you and maybe Christie clarify that with
ACHD as to the intent we would like this discussion to be on. I do know in talking with
Jay today, there -- there is a response and apparently there is a difference between how
they utilize those project priority tools and how it relates to the five year plan. He didn't
go into specifics, but I don't know, it might be a more lengthy discussion than we have
time for if we want to have the other two. So, we can at least make the request at that
time to see if they will respond to the letter I had sent. And that we put that on a future
agenda to -- to really discuss that in more detail. Maybe a workshop item as well.
Borton: Madam Mayor?
De Weerd: Yes.
Borton: That's a great idea and when you do communicate on that -- and I see a head
popping around the corner. Again, it's not intended to pick a fight and just make it a
gripe and moan session, but it is to make sure we have that discussion and I'd love to
hear it on the record what happened and why and what our plans are going forward.
So, maybe it is a big topic for a workshop, maybe too big for this, but just give them a
heads up.
De Weerd: At least check what the time elements would you. Do you want to
comment?
Meridian City Council
September 25, 2007
Page 17 of 66
Richardson: I was also thinking about time. For the record, Christie Richardson,
ACHD. And not necessarily about that issue, but the Overland Road realignment, I'm
actually meeting tomorrow -- and this is one of those developer cooperative projects
where we are with that development community. We do have some funds budgeted for
the '08 year that have been approved and so maybe that item can come off the agenda,
the Overland Road realignment, because we starting to negotiate -- you asked what the
next steps were and we are jumping right in. So, maybe that item could not be on the
agenda, could free up some time and I could certainly update you in a couple of weeks
as to where we are, unless that's something that you think needs to be discussed.
De Weerd: I know that project has been a real critical one for this Council and -- and in
talking to Jay today did learn as well that ACRD is -- has thrown the improvement
between Overland and Franklin into the Ten Mile interchange project and made it
impact fee eligible and offered that to ITD and so maybe some of that needs to be
explained more than just that Overland Road. Yeah. I think there is a lot more going on
behind this and a lot more cooperation.
Rountree: I just want to see five heads nod that it's moving forward.
Richardson: So, it's more than just the Overland Road, it's that whole Ten Mile -
Overland and what's associated with what project, to clarify.
De Weerd: Uh-huh.
Richardson: And, then, I think it's up to you, you know, if you're just looking for a written
response from the highway district with regard to those prioritizations or if you would
like, you know, someone to come give a presentation at a Council meeting -- I do think it
will be lengthy and I don't want you to be short-changed in your discussion, but -- I
mean we can certainly provide you with that information anytime, unless it's something
that the Commissioners need to be present for also.
De Weerd: What are your thoughts on that, Joe?
Borton: Madam Mayor, I guess I'd prefer apresentation -- in some form that we can
have a dialogue and the Council and Mayor can ask some questions based on what we
are told, would probably be the most productive. So, we can work with staff and set up
some time for that and not put it on for Monday.
Richardson: Okay.
Borton: Give them a heads up that that will be the discussion.
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September 25, 2007
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Richardson: And I will put in the formal request, then, to our staff to get something
prepared.
Borton: Okay.
De Weerd: Yeah. If they can work with Will's office in getting it placed on one of our
agendas. Do you want that in November on a workshop?
Borton: Don't know yet. We will talk with staff to see what works best.
Richardson: Thank you.
De Weerd: Thanks. Anything else from Council?
Rountree: Madam Mayor, not on this next meeting, but just keep it on your list of things
that we could talk about with ACHD and that's speed limits and some uniformity. And I
just point out Franklin and -- as a great example lack of uniformity. And Eagle Road
south of Overland and Overland, as speed limits and lack of uniformity and no apparent
reason.
De Weerd: If I could ask Mr. Nary to put that on a traffic safety commission meeting.
Rountree: Yeah. I understand their charge, but I think we need to get some
understanding from ACHD on the engineering they do to establish the speed limits.
De Weerd: We had in front of us atone time to bring some uniformity to Franklin and
the letter I expected still has not come across my desk and so what I would like to do is
first ask for a response from the traffic safety commission and, then, we will delve into
looking at these three different areas.
Rountree: They might like to know how the system works as well.
Nary: Madam Mayor?
De Weerd: Mr. Nary.
Nary: Madam Mayor, Members of the Council, Councilmember Rountree, I heard
Overland and Franklin and south of Overland --
De Weerd: South Eagle.
Nary: South Eagle.
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September 25, 2007
Page 19 of 66
Rountree: South Eagle south of Overland.
Nary: Okay. Thank you.
Rountree: Which is 50 miles an hour. Basically the same road as Overland, but it's 40,
which is, basically, the same road as Franklin in spots which is 35. So, I don't
understand what's going on and I don't know how you can enforce anything.
Nary: Madam Mayor?
De Weerd: Yes.
Nary: We will add it to our next agenda for traffic safety. I mean some of those
decisions --all of those ultimately are ACHD's, as you well know. Some of those
decisions have been driven by traffic safety's recommendations and some haven't. So,
we will certainly add that for discussion and bring a report back to you.
De Weerd: Anything further, Matt?
Ellsworth: Madam Mayor, Members of the Council, I would ask for a brief discussion, if
there were no further questions on the question of roundabouts at Gardner-Ahlquist and
specifically I was interested in hearing what Council envisioned in requesting
consideration of a roundabout at that internal intersection. The recommendations of
staff as to whether or not this is appropriate for inclusion on Monday, hinged to some
degree on what Council saw as fitting over there and the reason that I say that is
because there is a lot of opportunity for staff to work together at this point. So, I
supposed I'd turn it over to you to see what your thoughts were on that.
De Weerd: Well, t guess it's an overall opinion as stop signs in general. So, that was
the first piece of it, that they wanted the traffic to flow through there, not necessarily
have the stop movement, and Council approved it with the T last week anyway, so it --
Rountree: Two weeks ago.
Bird: Two weeks ago.
De Weerd: Two weeks ago. So, it's a mute point at this juncture.
Bird: We just approved the findings.
De Weerd: But we do need aroundabout -- the roundabout discussion.
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September 25, 2007
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Ellsworth: Madam Mayor, Members of the Council, we are working with ACHD staff to
line that up in several -- several -- from several different angles, I suppose. One is
roundabouts in general, benefits thereof. Two is the design and siting criteria that
ACHD is in the process of finalizing adopting. And three, ACHD as a subcomponent of
that design and siting study that they were engaged in are also taking a look at the
Amity Road corridor and intersections running east to west on that road to determine
whether or not, based on the design and siting criteria, those are appropriate locations
for roundabouts in the future. So, that's kind of the three prongs of all things
roundabouts that we are working with with the city clerk and ACHD to identify an
appropriate time to bring forward.
De Weerd: So, another future discussion item.
Ellsworth: Madam Mayor, that's collect.
De Weerd: How long is our list now? Sorry.
Ellsworth: Three items, Madam Mayor, Members of the Council. I apologize. Two.
The Overland Road was removed, so we are looking at split corridor landscaping and
presentation by MDC and the discussion of the alliance future funding roadway projects,
which will also entail the discussion of joint efforts on regional and state issues, as well
as a heads up on the prioritization of the request for some sort of a response on some
of the budgeting decisions and trying to gauge how that process can and will move
forward.
De Weerd: And, actually, not probably a written response, but having someone join us
at a Council meeting for a dialogue.
Ellsworth: Correct.
Rountree: Or one of Joe's workshops.
De Weerd: Or one of Joe's workshops.
Bird: A workshop would be a good time.
Rountree: Uh-huh.
De Weerd: We can just focus November on ACHD workshop folly.
Rountree: Seminar.
De Weerd: Anything further from the Council?
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September 25, 2007
Page 21 of 66
Rountree: I have nothing. Thank you.
De Weerd: Thank you, Matt.
Ellsworth: Thank you, Madam Mayor, Members of the Council.
De Weerd: You track that very well.
D. Legal Department:
1. Red Cloud /Mountain View High School Access:
De Weerd: Our legal department. You bet.
Nary: Madam Mayor, Members of the Council, I'll use the podium, since this might be a
little longer discussion than -- this is about access to Mountain View. You may recall we
have had some issues with that over the last year. At the Mayor's urging we have
addressed the area around Blue Tick, the -- to bring you up to speed and remind you
sort of where we have been, we had an issue that came up during the last school year
that the area around Blue Tick where the emergency access point is to Mountain View
for emergency vehicles, there is a pathway across the canal and there is a pedestrian
pathway. There had been a gate or a fence that was placed across that pathway. We
had some conversations both with the fire department and the highway district about
that access point and fencing that off and the fence was ordered to be removed. The
neighbors in that area were not supportive of that and they have had issues about the
use of that area by students and other people with Mountain View. And that's not
necessarily shown completely on the picture. I think it's right -- well, I guess it's right
there. And what's happened since then, at the Mayor's direction, both with the traffic
safety commission, as well as the neighbors and the school district and we have had a
number of meetings and what was decided was in that area around Blue Tick -- again,
this is this portion of the school, there are now two hours limited parking signs in -- well,
the neighbors are here, but they can tell me, I think it's the entire area in this section has
two hour limited parking signs and the police have been -- at the beginning of school the
police have been actively enforcing that. It appears at least at the moment that the
students have gotten the message they can't park there. They seem to have been
successful, it's, obviously, something we have to keep up with. Additionally, there is
grounds been broken here in this location for a roadway access that the school district
is paying for that will go from Overland Road here adjacent to the seminary and, then,
access their parking lot somewhere in this area here. Oh. I'm sorry. You're right.
Locust Grove. So, it comes out of -- it comes out of Locust Grove and, then, accesses
into their parking lot somewhere in this -- this area. Thus providing another east-west
connection -- or western connection here that doesn't exist today. Mrs. Canning --
Meridian City Council
September 25, 2007
Page 22 of 66
there is a pending project and we are still looking at trying to get some connection
through this area of the school around this -- this section here and I don't know exactly
where, but in this area to again provide another east-west connection to the school.
What's being asked of you tonight is when we had informed the highway district that the
city did not support having a fence across this -- this access point here -- right. Right.
But this is the one I'm talking about. This is the Blue Tick one. There was afence -- or
there is a fence right here on what's called Red Cloud. That fence was put up not long
after Mountain View went into operation. There is actually -- you guys will get a chance,
okay? This isn't a debate, so hang on one second. The fence was put up here and
there is a pathway that was constructed by the school district that runs somewhere right
about there and I think on a closer up picture you can see it. But, anyway, there is a
fence that crosses -- yeah, there is pathway that's along here. There is a fence that
actually crosses right there and that covers up this roadway stub and not to go into a
lengthy history, there was a whole lot of discussion back when the school was actually
designed and the roadway system was designed and what was going to be there and I
think at some point -- these folks may disagree -- there may have been a discussion
about a road being here and there is a pathway. But, anyway, we had a meeting with
the neighbors in May -- I think it was in May -- about this, because at the time the
highway district had notified the property owners here that this fence was going to be
removed, because it was blocking an access point. We had a discussion with the
neighbors -- there is an access point that's right here and this is Three Bars? Is that the
name of the street? There is an access point here. There is a pathway that comes
through here and actually winds back behind these homes and it is an improved path
that winds back behind these homes and I believe it even has lighting on it as well. So,
there is a pathway here. So -- and there is also now -- because the park -- the Kiwanis
Park is in this location, there is access through the Kiwanis Park that can get into the
school as well. The discussion with the neighbors at that particular point was would the
city continue to object to this fence being in this location if they requested that this be
vacated to the property owners if the access here remains open, as well as the access
through the park. This particular point from a traffic standpoint works a little more
efficiently, because cars aren't required to go down into this cul-de-sac, drop kids off to
the school, and have them, essentially, make a turn around through this cul-de-sac and
come back out. Currently, from what lunderstand -- and I don't know if Lieutenant
Stowe has any additional knowledge -- this works a little more efficiently, because it's on
the main roadway. There is an access point here that people can drop their kids off or
pick their kids up and without going through all these turn motions and driving into this
portion of the neighborhood. So, what is being requested by the highway district is a
request has now been made to vacate this portion of the roadway here and allow that
fence to, then, remain in that spot. What I can tell you is when we met with the school
district -- Mr. Bigham was there, some of their other staff was there, and it was the
position of the school district at that time they -- although this pathway was constructed,
because it was supposed to, they did not have a concern from their perspective that this
had to be opened, that this needed to be an access point for the school, because this
Meridian City Council
September 25, 2007
Page 23 of 66
pathway exists and the park access exists, they didn't feel it was necessary to have this
third access point within -- I don't know how far this is between here and there. It's not
even a quarter of a mile. It's probably -- okay. Eight hundred feet. So, it's not a
tremendously great distance between, essentially, three different areas that people can
enter the school if this were to be opened. So, the highway district asked and sent us a
letter this month asking the city to comment on what their position would be on if they
were to grant that request on vacating this particular part of the roadway, allowing that
fence to remain there and that's what's in front of you tonight, to give us comments so
that I can respond back to them and advise them of what your position is. The planning
department may have some additional information or perspectives. Certainly the police
department may have additional information. It appears there are people here who
have other information and it's up to you. This wasn't really notices as a hearing, but it's
certainly for input, so whatever your pleasure is, I just need some direction from you as
to what I should advise the highway district about that particular point.
De Weerd: Thank you. Any questions for Bill at this point?
Rountree: Yeah. I'm confused. Is the fence across the -- the stub street or is it across
the pathway or both?
Nary: The fence is actually approximately in this location. It's -- this is a stub street.
You're correct. I have driven down this way a couple of times and I can't recall exactly
the location, if it's further on -- off the school property and a little bit more into the street,
but it's pretty close. Okay. Yeah. It's pretty close. It was -- it was -- it, essentially,
continues a fence that is -- I think a subdivision fence. It looks a little tiny bit different,
but not significantly. But it is in approximately this location. It's not on the school's
property. And that's the reason the request -- if it was on the school's property they
could have taken down.
Rountree: So --
Nary: It's not chain link, it's wood.
Bird: That's what I thought.
Rountree: The access point on Three Bars Drive was the neighborhood path behind
those residents there, would that connect with that path?
Nary: I think it does.
Rountree: It doesn't inhibit that.
Meridian City Council
September 25, 2007
Page 24 of 66
Nary: Excuse me. Sorry. Madam Mayor, Members of the Council, Councilmember
Rountree, I haven't waked that -- I believe it does. I mean these folks are telling me
behind me that it does. I haven't -- but I think that was the intent they built this, because
if I -- if I had to guess -- I didn't go back and look at the Council discussion -- this was
probably, initially, going to be an access to the park, but this pathway was constructed
and I do believe it -- I do believe that it stubs basically right up to where the other
pathway is, because I believe that other pathway runs right along that property
boundary. In fact, you can see that light gray there. So, I think it does stub right to it. I
don't know if there is a gap, but it certainly is a connection that can be -- that's there.
Rountree: That's all I need to know.
De Weerd: And, Council, what you will find, too, is as far as convenience goes with the
park and the parking lot, it makes it easier for parents to see their student coming and,
you know, the necessity of having that connection is -- is really minimal.
Nary: What the folks in this area were trying to avoid -- which is the same thing that
was happening in this area -- was, you know, student parking, drop offs, and things that
are -- become so excessive that it really impacts their neighborhood and so this -- this
particular connection, as I said, appears to work more efficiently, because, again, it's on
amain --amain roadway through the neighborhood, rather than this cul-de-sac street.
So, I think it's been used fairly extensively, at least that was the discussion we had both
with the school and the neighbors.
Rountree: So -- excuse me, Madam Mayor.
De Weerd: Uh-huh.
Rountree: Bill, the vacation would be that northerly stub --
De Weerd: Yes.
Rountree: -- Red Cloud? The whole stub? So, the street would go straight into the cul-
de-sac?
Nary: I haven't seen the specific request. I think that's exactly what's being asked, so --
that this -- I don't know if there is an intention and, again, maybe these folks would know
better than I do -- what they were going to put there, if that was -- but it would, basically,
dead end. The street -- I assume ACHD's street would, basically, dead end right there
and so that they would no longer maintain this portion of it and they would only have to,
basically, maintain that part or they would -- if ACHD is going to maintain this as
asphalt, that still would allow that -- that connection to be continued to be fenced off.
Meridian City Council
September 25, 2007
Page 25 of 66
Rountree: And, then, who would become the owner of that vacated parcel?
Nary: I haven't -- I haven't seen who the request was --
Rountree: Okay.
Nary: -- who the specific requestor and whether it was the subdivision itself or the
property owners that are adjacent to it. There is a house I think right here. There is a
house -- there is not a house here. I think it's in grass. Yeah. There is -- there is a
house there and there. So, I don't know if it's this person here or if it's the subdivision.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Bill, as I understand, basically, what they want is just to make sure that that fence
is left there, as I understand, and --and they can work out what they want to do with
that stub street, because I don't see it going anywhere and it don't look like that one
house faces it -- it does face the stub street?
De Weerd: And you can see a sidewalk coming --
Bird: Oh, I can see that now. Yeah. I can see the driveway.
De Weerd: Sir, if we -- we can ask you to comment on the record in a few minutes,
please.
Bird: But I -- basically, they want a recommendation to the ACRD regarding that fence,
isn't it, Bill?
Nary: Right. And what the gentleman just said in the crowd, just for the record, is what
they are actually specifically requesting is a license agreement to keep that fence in that
location and not to vacate the street. So, this wouldn't be -- that's normally not an
application you would get in front of you, but merely a comment. If it was a -- Mrs.
Canning reminded me if this was an actual vacation you'd have to have that application
in front of you first and, then, it goes to the highway district. But this is just a license
agreement to maintain that fence there and, again, the highway district -- when I spoke
with their attorney yesterday all he was seeking was the city's comment on that and,
you're correct, Councilman Bird, it is the desire of the neighbors when I met with them
that that's what they would like is they'd like that fence to remain there, so that that -- at
least that particular access point isn't going to be used up and down the street, but --
since the access point is there.
Meridian City Council
September 25, 2007
Page 26 of 66
Bird: And then -- follow up, Madam Mayor. Then that little stub street has to stay, so
somebody is going to have to maintain it and I'm sure ACRD will. And, then, this
walking path -- then, through the park we have got walking paths, so you can get
through it. So, personally, I don't see why that fence can't stay like it is.
De Weerd: Thank you. Does the subdivision have a spokesperson you can kind of give
us an overall picture? If you will state your name and address for the record.
Delechi: Joseph Delechi. I live at -- reside at 2427 South Brandys Jewel. I also live in
the cul-de-sac.
Nary: And you can use that pointer there if you need to, sir.
Delechi: I also live in the cul-de-sac. This fence here has been there since 1995,
before the school was erected. It was a requirement from the city that they -- that they
make a perimeter fence completely around their subdivision. We had maintained the
fence at all times. We still maintain it to this day. We noticed that they have here at
Blue Tick there was a tremendous traffic problem, there was a drug problem, students
in and out all day long, we just don't want this to happen here. Since this here is a main
thoroughfare through the subdivision, we also feel that this would be a great pick up and
drop off location. Now that the park is available, you're right, Madam Mayor, it is great
for the parents to see their children coming, than to be hidden here behind the fence.
We have noticed in the past that children have been hiding behind these fences to
smoke, to do all kinds of things, and we just don't want that in front of our homes, we'd
rather have it behind our homes in the -- actually, in the park or whatnot. Lately, since
this has all been developed now into a park, that problem has gone away, because,
obviously, it's all open, there is no more weeds, there is no more fences, so we just
request that -- that this license agreement be approved. The school -- Mr. Exline has
sent a letter to ACHD basically stating that the school has -- the school does not want to
open this fencing due to those concerns. I'm assuming that they had sent for your
comments to see what you guys would like to do. That's basically it in a nutshell.
De Weerd: Excellent. Council, do you have any questions?
Bird: No.
De Weerd: Thank you.
Nary: Madam Mayor?
De Weerd: Yes.
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September 25, 2007
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Nary: Could I just ask one question. That pathway that was constructed, that was a
homeowners that constructed that? The homeowners association? Well, talk in the
mike, too.
Delechi: Originally when the subdivision was first enacted it was -- we were told by the
developer and I don't know if it's true or not, but there was going to be an elementary
school here. That's why this stub street stopped there, because this was going to be an
access point to the elementary school. This was a walking path for the children from
this --from Thousand Springs, basically, here to access that elementary school. Now,
since there is a high school and not an elementary school, it's created all kinds of other
problems, obviously traffic concerns and all those issues. That's the reason that stub
street's there. Originally I don't think that stub street would have been there if it was not
for that elementary school.
Nary: Yeah. I guess that's not my question. What I'm asking is that pathway behind
there, is that on your property, is that an easement, does the subdivision own it?
Delechi: That was originally subdivision property.
Nary: Right.
Delechi: But, then, the Kiwanis Park has taken it over as to say.
Nary: So, that pathway is actually -- the pathway is not that -- not that pedestrian path
in Three Bars, I'm talking about the improved path that runs along the edge of the
property there, that's on the park property? Is that what you're saying?
Delechi: Yes.
Nary: Okay.
Delechi: Another thing, which just to let the Council know and Madam Mayor, this is a
completely lighted path all the way to the school. Through the subdivision here there
are two lights. Now, the concern was that the children have lighting in the morning,
because it's dark in the morning. It's very foolish to have these children walking through
that dark subdivision and a lighted path. So, this has been improved and I thank the city
for improving this, but it just seems reasonable to have the children access this path,
rather than create a whole traffic problem here again.
Nary: Yeah. And I only asked to make sure the path -- if the fence remains -- if the
fence remains that that other path didn't go away, if it was on the homeowners property.
Delechi: No.
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September 25, 2007
Page 28 of 66
Nary: So, as long as it's on the park property, that's fine.
Delechi: In actuality, that path there now has sprinklers and grass. It's very nice
looking.
Nary: Thank you.
De Weerd: All right. Well, we are glad to hear that. Anna.
Canning: Madam Mayor, Members of the Council, I hate to be the naysayer tonight, but
I do want to bring up one -- the -- kind of on the pros and cons side, I guess I do have
one con with related to this. We have been committed to try and opening up access
points. We insisted that Blue Tick remain open. We have worked -- we have supported
the school district in their efforts to build a new public street access into their parking lot.
We are doing anything and just about everything we can to get open something on the
east and in my efforts -- I don't have many tools to work with in getting these access
points and when they know that we have lost an opportunity -- yet another opportunity
to gain access to Mountain View, it's going to make getting anything to the east even
more difficult than it is currently.
De Weerd: Anna, I appreciate your advocacy.
Canning: Thank you, Mayor.
De Weerd: And we have had these discussions. We do have some other alternatives
and -- and I know you have been very good about being that advocate and hanging
yourself out there and, Council, I guess I would comment on the attempts on the access
to the east is -- we do have an opportunity and when Councilman Bird and I were talking
with the superintendent, Idid have an opportunity to bring that up again and as I
understand it, her office will be submitting a letter in support of -- of that access,
contrary to what we had already received.
Canning: And, Madam Mayor, they have given us that letter, but what we really need
them to do in addition to that is to negotiate with the YMCA directly for access and I'm
not sure how those negotiations are going.
De Weerd: Certainly that can be a next step from my office.
Canning: Thank you, Madam Mayor.
De Weerd: But I guess as it relates to this, you know, we have the pedestrian pathway
and we do have the lighted pathway from --from the city park and the question in front
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September 25, 2007
Page 29 of 66
of Council, then, would be -- is that enough connectivity and -- to comment on behalf of
the neighborhood to keep that access closed and that's -- that's the issue in front of you,
Council.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: This is one Councilman that believes that -- I don't want kids walking through that
stub street and stuff. I think the other pedestrian thing -- the lighted pathway, we are
talking about less than 300 yards of extra walking they have to do to get there, but it's
lighted. You know that -- if we take that gate down, that lady that gets to her driveway
from that street is going to have cars parked there, because kids are going to run up
there, be late for class, and jump -- park their car and jump out and go and we got
another Blue Tick and I think you guys handled Blue Tick real well, so my suggestion is
the legal department write a letter supporting the licensing of leaving that fence up.
That's my vote.
De Weerd: That's --
Rountree: Madam Mayor?
De Weerd: Yes, Mr. Rountree.
Rountree: I hear what Anna is saying, but Ithink we -- we have lost a couple
opportunities to do that on our own with the park and the change in use of that land from
an elementary school and not being able to accumulate enough property to accomplish
that and, then, moving it to a high school and I hear the school district is not interested
in providing a point of access at that location, so even if it were to remain intact, it's
probably not going to go anywhere. I'm not opposed to the license agreement for the
fence to remain. I'm sure there will be language in the license agreement that at such
point in time that it becomes critical for an access point there, ACHD's going to have
that option. I'm not sure how we get access in there anyway, if the school district's not
willing to do it. So, I would -- I don't object to the request for the license agreement for
the fence to remain, as long as a pedestrian access is maintained.
De Weerd: Do I have a motion?
Bird: I move that we instruct the legal department to write up a letter to ACHD
supporting the license agreement leaving the fence at that stub street between the
school grounds and subdivision.
De Weerd: Do I have a motion -- or a second?
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September 25, 2007
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Rountree: I'll second that, if the maker of the motion will further stipulate that the
pedestrian access remains --
Bird: Oh. The pedestrian access will remain open. I did not give that thought, Charlie,
because that's the only way we have got of getting into the park.
De Weerd: So, second agrees?
Rountree: Second agrees.
De Weerd: Any discussion? All those in favor say aye. All ayes. Motion carried.
MOTION CARRIED: THREE AYES. ONE ABSENT.
De Weerd: So, Bill, you can take care of that?
Nary: Madam Mayor, we will take care of it.
De Weerd: If you will, please, state your name and address for the record.
Jepson: My name is Bonnie Jepson. I live at 2454 South Red Cloud Avenue. My
house is on that street. I'm thankful for your compassion for us and our neighborhood to
keep that from being used as an access point to the high school. I do want -- oftentimes
city council members -- they only hear from the neighbors when bad things are
happening to them, but I wanted to tell you how much I personally appreciate the efforts
of this City Council for their efforts and their action in completing that Kiwanis Park. Mr.
Nary has not been out there, none of you have gone out there to see, but over the last
few months they have got grass planted, they are building the restrooms, the park is
going to be in full use very soon. They have got their pond in. They put up the
perimeter fencing with the wrought iron fencing and it's getting to be very beautiful. The
trees are planted, the park -- the pathway is lighted, and the sprinklers are working great
and I just wanted you to know how much I appreciate you going out there and cleaning
that all up. And that's it.
De Weerd: Thank you. Well, we have been out there.
Rountree: Madam Mayor, I can attest --
Jepson: Mr. Nary said he had not.
Rountree: I can attest to the number of times I have been lost.
Meridian City Council
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De Weerd: Yeah. We get lost every time we are out there, but --
Jepson: Well, if you're lost, stop at my house, I'll pour you a cup of coffee.
Rountree: All right. Point it out, would you?
Bird: Would you draw us a map how to get there? I got lost out there -- my first term I
got lost out -- when I was campaigning, I got lost out there, I couldn't find my pickup. I
couldn't find what road I was on, it was dark, and --
De Weerd: We are putting up directional signs, so at least the park users don't continue
to get -- we had a tour out there and had Council and the parks commissioners and --
and took them out there and even the bus on the way back out got {ost. So, you know,
it just emphasized why we need the directional signs. But thank you and, Bonnie, I
appreciate your tenacity. She's kind of been our eyes and ears and has helped me in
following the process and making the appropriate phone calls. So, we appreciate that.
2: SWAC Report:
De Weerd: Council, we did add an item, Item No. 2. Mr. Nary.
Nary: Thank you, Madam Mayor, Members of the Council. I asked to add this item.
This is the Solid Waster Advisory Committee. We had a meeting a few weeks ago.
Councilmember Rountree is a member of that committee. He was there as well. One
of the items we talked about -- and Mr. Sedlacek is here tonight from SSC to give you a
little bit of an update and if you want additional information at a future meeting we can
certainly provide that. But this is in regards to a recycling program that SSC is very
excited about. The SWAC was very interested and excited about and Mr. Sedlacek --
I'm going to turn it over to him and let him tell you more.
De Weerd: Thank you.
Nary: And t only haven't been out to that park since May. So, it's not like I have never
been there, I just haven't been there in the last couple of months.
De Weerd: Well, you know what, there --
Nary: And I got lost getting there.
De Weerd: -- is a lot of work that's been done.
Nary: That's when I got lost out there, too, so --
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September 25, 2007
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Sedlacek: Madam Mayor, Members of the Council, my name is Steve Sedlacek,
Sanitary Services. What -- there is two items that we wanted to get on the agenda this
evening. We had a little mix up, we ended up on the October 9 workshop session. We
do, though, need some direction from you tonight, because 1 believe we need to head
into a Public Hearing regarding some new rates for this commercial recycling program.
The first item on -- in this memorandum is a recognition award program that we want to
start implementing. It's really just kind of a work in progress. We don't know all of the
details of it. We want to start recognizing businesses and organizations that go above
and beyond and do recycling and re-use and they do the right thing. We believe this is
part of fostering a sustainable behavior in our community. We'd like to link it to Public
Works Department that has programs already regarding waste water discharge awards,
that kind of thing. It's environmental type focus. I don't know that I want to really focus
on that tonight. We can talk about it on the 9th if you still want to do the workshop. Just
to let you know -- I guess this is kind of an update of what the SWAC is doing or working
on this aware program and I guess when it gets finalized we will bring it back and show
it to you. On page two we start into the commercial recycling program. I wanted to
point out we currently do have commercial recycling -- we have recycled more than --
last year more than 500 and a half million pounds of waste. It is our largest waste
stream that we recycle. Actually, we recycle more commercial waste than residential
waste. What's interesting or what's confounding about these programs is this is -- what
we have right now is a source separate program for commercial. In other words, if you
can fill up an entire roll off box full of wood, we will recycle it. Or plastic bottles or
newspapers or some single waste stream that we know where to take it. Compacted
cardboard and lose cardboard are the two biggest. So, we do a really good job of
hauling really big quantities of stuff away from big box stores. We also do a really good
job of taking businesses that have very very small amounts of waste and treating them
like homeowners and giving them a green bin and letting them set out recycling if they
are near a residential neighborhood and we swing by quickly and we pick them up.
They don't pay for the service, which is something we have to get into, but -- so, we
handle the really high end of the spectrum and we handle the really low end of the
spectrum and we really have nothing in the middle and that's one of the problems we
are trying to deal with here. So, until about six months ago there was no place to take
what we call commingled waste. In other words, let's throw all of the waste into one
container like this five yards -- five yard expanded metal container, what we want to do
is put these out at schools and businesses and you throw it through this hole, this hatch,
there will be a solid lid on top. Our front load truck will pick it up using these pockets on
the sides here and we will dump it in our truck and we will have a truck dedicated for
this program. Now, one of the things that slowed us down is we had to buy the
equipment, which still -- we only have one of these containers and this is it. We have 49
on order and they are coming in the next two or three weeks. So, in this program what
we propose is that any businesses -- any business that has enough waste of this type --
and there is a list here on page two -- mixed paper, magazines, newspapers, cardboard,
plastic, aluminum and tin, you throw all that stuff together and you commingle it. We
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September 25, 2007
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take it to the -- we put it in the body of our truck, when the truck's full we drive to
Western Recycling and dump it and they bale it and ship it to the coast where is goes
into a MRF, a Material Recovery Facility, and they have people there on conveyor belts
picking out the paper and picking out the aluminum and doing all that stuff. Until six
months ago we had no access to that type of facility. There is no facility like that in the
area and we don't have enough waste to build one to support it. So, l guess the other
issue are food items and plastic films are what we consider contaminants. We don't
want plastic bags in these things. Also, we will have --Anna, the next slide might have
a cart -- well, there is -- well, there is an example of one in use. This is, actually, a
corrugated cardboard container. We are going to take this program that we currently
have in place and expand it to not just take cardboard, but take all these other items.
So, like Jackson Food Stores uses these a lot. Go to the next slide, please. And this
would be a front load truck that picks up the containers -- picks up that type of container.
Next slide. That's just another picture of the same thing. We have tried to do -- this is a
source separated school recycling container that we were trying. It's very unwieldy.
There is contaminants that get crossed into the -- you know, paper gets thrown into the
wrong thing and plastic gets thrown in the wrong thing. It just tends to be too difficult.
So, we have tried it. I don't want people to think that we are not out there trying to do
school recycling. We, actually, have recycling programs like that and others at probably
about 12 schools. The other thing we use is a dedicated recycling truck and it has little
hooks down here below this rail to grab toter -- to grab toter carts. Next slide. So, we
can also give to commercial customers that don't have enough to support that five yard
bin, we will let them use these toter carts and they will be stickered and identified in a
different color to commingle waste in those also. So, what we are trying to do is go from
-- to fill in the middle. We have got little tiny recycling projects and huge recycling
projects and, then, we step up into the toter carts and, then, the five yard bins and, then,
we can go up into the really big bins if we have to. So, we want that continuum of
recycling possibilities for our -- for the people that work and -- next slide. Yeah. This
was one that was actually burned up at a school that we have had some problems with,
but -- you know. And that kind of thing is going to happen and, you know, it's -- no
one's to blame for that, it's just -- bad stuff happens sometimes, so -- anyway. If you
want to go back, Anna. Thanks. Thank you. We do have a rate structure on the last
page where we would -- basically, we have a 95 gallon cart rate and, then, we have the
five yard container rates for the 95 gallon carts. We will give the customer as many as
he needs, but we will only pick them up one day a week, because we only want to use
that truck one day a week. And the four days of the week we can, then, use it as a
recycling truck in residential neighbors or as a backup truck. We are just trying to be as
efficient as possible in the use of our equipment. Then, if we have five yard containers,
we will only get them one container, but we will pick them up as many days of the week
as they need to. Another thing that helps this program is the landfill rates have gone up
-- or will be going up in about a week and that allows us to price this such that we can
make a return on our investment and we can actually price it under the price of a --
commensurately orequally sized solid waste container. You know, for example, a five
Meridian City Council
September 25, 2007
Page 34 of 66
yard container once a week is 60 bucks is what we would charge that customer and in
the current rate structure that goes into effect, a six yarder, which is about the same
size once a week, is 130 dollars. So, if they can down size that six yarder to a three
yarder and save money and implement a recycling program, there is a lot of customers
that will at least break even, maybe save some money doing this, and that's -- that's the
economic incentive we want to give people. For schools will have a lot of this waste --
you know, it's paper and milk jugs and soda pop cans and that kind of stuff. If they can
cut down their frequency of collection on all their other containers, this can really cut
their bills and we can recycle a lot of material. One -- or three issues that we need to be
aware of are the schools and businesses may be required to construct enclosures. City
code requires enclosures around all containers. Now, if you drive around town there is
some that aren't, you know, that's not my issue. But the people at the Meridian School
District or any business need to understand there may be a little construction project
required. The janitorial staff at any business will need to clean up the spills around the
containers. You can imagine these aren't water tight. Of course the other containers
we use aren't either. So, if you start putting plastic milk jugs that are half full and
squashed and soda pop cans and other stuff, it's going to get messy. And so as long as
there is commitment to clean up the mess, that's great. Also contaminants or vandalism
will cause a very abrupt ending of the program. Western Recycling will require that we
have certain -- meet certain standards for the material and if there is too much plastic in
it, the plastic film or if there is a big pile of hamburgers or something, they are not going
to be very happy. So, every business or school will have to have a champion that runs
with this thing and makes sure it works. And that's really all I have. I appreciate getting
on the schedule tonight. I kind of squeezed my way in and I apologize for that, but --
De Weerd: No. It's very timely, since we were starting to get letters from the
elementary schools that want to participate. When I first saw this alts I could think of is
when you started dumping it, all the milk and soda that would be pouring out, so --
Sedlacek: Well, it's no different than a food service operation that we dump in our
trucks either, so --
De Weerd: I guess there are some things we just don't want to know.
Sedlacek: Yeah. There you go.
De Weerd: Council, any questions?
Bird: Madam Mayor, I do.
De Weerd: Yes, Mr. Bird.
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September 25, 2007
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Bird: Steve, are you going to -- as you know, we have been known to collect a little bit
of paper here, each one of us, we take home -- I think I have burnt up three of those
little shredders, but, anyway, instead of taking our 50 gallon sacks of paper over to
western Recycling, will you guys be able to take that now out at your plant, a container
we can put it in or something?
Sedlacek: Fifty gallon sacks of --
Bird: Well, big sacks.
Sedlacek: Of what? Paper?
Bird: Yeah.
Sedlacek: At this point I guess we -- so, you're talking about recycling at the transfer
station. You can do that at your house.
Bird: I know that, but not that big.
Sedlacek: That's too much, uh?
Bird: Yeah.
Sedlacek: At this point we could add that material I believe to the cardboard containers;
is that right, Doug? So, we have a container like this with cardboard in it and we can let
you put your paper in that. We use to segregate cardboard, from paper, from
aluminum, and now we are going to more of a commingling system. So, yeah, we can
let you dump your paper into that at the transfer station.
Bird: Thank you.
Sedlacek: Or you can find a business that has one of those containers and throw it in
there.
De Weerd: You know, I --
Bird: I wasn't going to say that.
Sedlacek: And, actually, I think with the new City Hall, this type of operation would be
excellent and 1 hope there is plans for a recycling within City Hall.
Bird: I think it's already being done, isn't it?
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September 25, 2007
Page 36 of 66
Sedlacek: Well, I was thinking about the new --
De Weerd: What's already being done?
Bird: Aren't we recycling our paper?
De Weerd: Uh-huh.
Rountree: Yes.
De Weerd: Yeah. I know how the other people dump, because we were standing
talking in the parking lot and some pulled up to the dumpster and started throwing their
trash in there, just like --
Rountree: Madam Mayor? Just a comment. Steve didn't mention it, but I think we all
got it out of what he was telling us, but it's strictly a voluntary program with an economic
incentive. So, it's going be based on their marketing and the recycle monies that it
generates come back into our recycling fund, which we, then, put back into the
community, so --
Sedlacek: But just to be clear, the recycling fund -- the recycling money you receive
from this is very very small.
Rountree: Very very little.
Sedlacek: When you co-mingle it and you have to pay someone to pull it back apart,
you have lost, really, your value as a commodity. But there is a little bit.
Rountree: But there is a little bit of return.
Sedlacek: Yeah.
De Weerd: Yeah. And there is less in the landfill.
Rountree: Exactly.
Bird: I think there is a lot of benefits to it in our community and, then, that's something
that we need to get out. Mayor, you need to get out -- the amount of money that this
recycling and SWAC committee has turned back into this community. I have been
fortunate to be on an organization that has received 25,000 to help with bleachers at a
baseball field and I know we have approved a lot more than that and I think it needs to
be getting out and let the people know that what they are doing with the recycling isn't a
lost cause, but it's helping the youth in this community to better themselves.
Meridian City Council
September 25, 2007
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De Weerd: Do we have a summary on that, Steve, on what -- where we are at today?
Sedlacek: Financially?
De Weerd: Uh-huh.
Sedlacek: Stacy has a summary of the funds available and budgets and those kind of
things. As far as what we have funded in the past and what's been constructed, we
have that at the solid waste committee and we have this photo montage, if you will --
photo album that we want -- that we have gotten all of the things pulled together for it to
produce and have up front here at City Hall, so --
De Weerd: Could we maybe pull some of the information together that we can have
Shelly put a release out on, you know, to date some of the projects, how -- how that
money has gone back into the community, pounds or tons -- tons that have been
recycled and saved from the landfill and channeled into a more productive use?
Sedlacek: Madam Mayor, absolutely. We can get -- Symantha in touch with --did you
say Stephanie --
De Weerd: Shelly.
Sedlacek: Shelly. I'm sorry. And we can get that done. We have all the data.
De Weerd: Robert, can you follow up on that, too? Okay. Thanks. Very good. Any
other questions from Council?
Bird: What does he need from us?
Sedlacek: Since this is a new rate structure, I understand Public Hearing is required.
Bird: Is that set up?
Sedlacek: No. We were coming to you tonight to seek your blessing to go to Public
Hearing.
De Weerd: Mr. Nary.
Nary: Madam Mayor, Members of the Council, yeah, as you prefer most of the time,
what this was was simply to ask you if you want to go forward, then, we will go through
the process of advertising. These are new fees. Councilmember Rountree is
absolutely correct, I mean this is a voluntary program and it can show -- if you would like
Meridian City Council
September 25, 2007
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that as a part of a presentation in the future, they can show how, even though there are
fees to this voluntary program, it will offset the savings that the businesses could realize
by using this program from what they would be paying in essentially throwing it away.
So, besides the environmental advantage to doing the recycling, they will -- they can
gain a financial advantage by doing that. But these are new fees, so you would need to
advertise them. If you would like us to do that, we will go through the process and have
the hearing here in a few weeks.
Bird: If we can get it on an agenda, let's go.
De Weerd: Okay.
Rountree: Schedule it.
Bird: Schedule it.
De Weerd: So, as soon as we can get it on let's go.
Rountree: Will's got it taken care of.
De Weerd: Will and Bill. Yes.
Berg: Madam Mayor, if I could ask Steve -- since I had this inquiry a-mail over the
weekend about the program that Boise City had with shredding day or -- that they --
people brought in papers and could get them shredded and, then, was recycled. Do
you know anything about that?
Sedlacek: I have never heard of that. Western Recycling runs a shredding operation
called Shred Pro, I believe.
Bird: Yes, they do.
Sedlacek: I don't know why Allied Waste or Boise would do that, but maybe Westem
did. I don't know. I have not heard of that.
Berg: I'll get you the article in the paper.
Sedlacek: I don't have a big shredder, I can tell you that.
De Weerd: Neither do we. Anything else, Council?
Rountree: Nothing on this item.
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September 25, 2007
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Sedlacek: Would you like us also to attend the workshop on November -- October 9th
to talk about the awards program or should we develop that further and get back to
you?
Borton: Madam Mayor?
De Weerd: Yes.
Borton: This was -- this was the intent of October 9th, some you got it covered.
Sedlacek: Okay.
Borton: You're free to go.
De Weerd: Yeah. And I think if you develop those awards, you know, you can certainly
work with my office and at the appropriate time we will bring it back to Council and --
has the SWAC committee seen the final versions?
Sedlacek: No. Not of the award program. We are very early on into that, developing
the criteria and what it would even be. How many awards would there be, that kind of
thing.
Rountree: But the thought would be it would go along with what Public Works does with
their awards program?
De Weerd: Uh-huh. With their environmental --
Rountree: With the environmental --
Sedlacek: Right.
Nary: Madam Mayor?
De Weerd: Yes.
Nary: I looked up this free shredded day that Mr. Berg was talking about. It appears
this is a fundraising opportunity for the Crime Stoppers program for the City of Boise.
So, it's not a -- it's not a service, it's at the public safety building, it was on the 19th of
September, and it looks like it was -- they had a limited number that people could
provide items shredded and, then, there were donations for the Crime Stoppers
program as part of it. So, it may have been a fundraising type of event, rather than a
program -- a regular program of Allied Waste, so --
Meridian City Council
September 25, 2007
Page 40 of 66
Rountree: It was one that Arthur Anderson took advantage of.
Sedlacek: Thank you very much for your time.
De Weerd: Thank you, Steve. Thank you both for being here.
Item 7: Items Moved from Consent Agenda:
De Weerd: There were no items moved from the Consent Agenda.
Item 8: Tabled from September 18, 2007: Idaho Power Company Update by
Layne Dodson:
De Weerd: Item 8 was tabled from September 18th. Tonight we have Layne Dodson
with us tonight from Idaho Power. Just in time to hear a compliment on our City Hall
project.
Dodson: Absolutely. Madam Mayor, Members of the Council that was good news to
hear. It wasn't that we were late this time. That's good. Got a few maps.
De Weerd: Anna, can we maybe warm the overhead projector up and -- if we could
share that. Give one to Will and give one to Anna.
Dodson: Madam Mayor, I appreciate the opportunity to get back to you. I apologize for
last week. I was a little double booked. Had to go out to your neighbor to the south to
talk to Kuna about some of the same items and I appreciate the time. I'm just going to
give you a brief update.
De Weerd: Well, we won't talk to you about your choices first.
Dodson: Well, I was originally on the pre-Council and that kind of went away. So, I was
going to -- but, anyway, be that as it may --
De Weerd: I had to take the opportunity.
Dodson: It's certainly a pleasure to be tonight, that's for sure, so -- but I did want to
provide you a brief update on where Idaho Power was as far as some of the projects
that we have got coming up, where we have been -- some of the projects that have
been submitted, some of the other issues that are surrounding doing business here in
the City of Meridian. I think I'll start with the projects. One of the first ones that's
coming up is the Hillsdale Substation, which is at the corner of South Eagle Road and
Amity. This project will actually start later this year and be complete by June of'09. So,
that's going to provide capacity for the southeast part of Meridian and so that's probably
Meridian City Council
September 25, 2007
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the first one that's going to come up. The line will be along Amity Road from
Cloverdale. Ada County has already permitted that. The next project that we are -- will
be under consideration will be either the Amity Substation or the Columbia Substation.
Both of those sites have been secured and permitted through Ada County, both of them
on the south side of Meridian. The line on Columbia is being -- the right of way is being
obtained as we speak. The Amity Road corridor we have not started any right of way
acquisition in that area. But either one of those -- it just kind of depends on how that
area develops on which one of those go first and we are looking at probably 2010, in
that range, for one of those. Then, the other projects that are going to directly impact
the city as far as substations are a little farther out timeline wise. Robinson sub over
there on Robinson Road. One up there on McMillan. And those stations are quite a
ways out, actually. They will probably be 2015 or more. But we do have several
overhead transmission lines that will be definitely noticed in the city. The Stoddard
Substation, there will be another circuit on that line that goes along Overland from
Cloverdale to the Stoddard Substation. We have kind of changed our policy -- or
philosophy as far as building loop feeds to substations, so it would be a continuous
loop. Rather than doing that in these urban areas and, then, creating additional
corridors, what we are trying to do is to maximize the existing -- the corridor where the
line already is. So, instead of having one circuit, let's say possibly, you know, down
Overland and, then, down Eagle Road and, then, back over to Cloverdale, we are just
double circuiting, putting two circuits on one set of poles. So, we are maximizing that
corridor. So, our thoughts are on -- like on Hillsdale there will be a line into the
substation, out of the substation, and, then, back to Cloverdale Road. And so that's
what would happen on Stoddard also. We would come out of -- off of Cloverdale, into
the station, and, then, back out of the station, back to Cloverdale Road. So, that would
be a double circuit line. The one -- the one that's going to be a real challenge -- and we
don't have a date on it and we do not have a line route determined, is if you look over at
Happy Valley in the southeast corner of the Nampa area, you will see that that's kind of
a big circle, it almost looks like a big bull's eye, which there is that Happy Valley,
Cloverdale, and Locust, all of those, those are very large substations, what we call
source substations with the 230 kv lines. The 230 kv lines are like what's running down
Eagle Road at this point. Towers in the neighborhood of 85 to 120 feet tall, depending
on what they are going over. From Happy Valley we need to get a 230 kv line from that
-- that station to the corner of Eagle Road and the railroad tracks eventually. So, that's
going to be -- it will go to public process, we will be looking for different -- you know, for
route alternatives. What you're seeing out of Happy Valley, that gold line going to the
north up to Amity -- over to Amity, then, up Robinson or Star Road there to the railroad
tracks, all that is is just kind of more or less a technical advisement, you know, that
that's showing the route that -- you know, the railroad tracks certainly do provide us an
attractive corridor as a possibility for routing those lines. We can utilize that railroad
right of way from Eagle Road, essentially, back through to Maple Grove, all the way,
you know, through Boise Town Square. So, I mean it's just for your advisement, it's just
one of those lines that's going to be in front of the public in the future. The other one
Meridian City Council
September 25, 2007
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that's going to be interesting to site will be up off of Chinden. It's -- excuse me.
McMillan, where the McMillan green dot is up there. There is two lines coming from the
north and that would be two -- two overhead 230 kv circuits coming from the north from
the -- like the north Eagle foothills area and we show -- we are showing that as two
separate lines. We are essentially looking at that Highway 16 as it -- as that alignment
comes into --and they make progress on getting that up towards the I-84. That's
probably the corridor that we will be looking at. So, it is out there, you know, a number
of years in the future. So, that kind of just gives you a snapshot of what we are looking
at and some of the big ticket items that we are being faced with. We are still adding a
lot of load in the Treasure Valley, about 50 mega watts a year, which is about the
amount of power that the city of Eagle draws every year, is being added to the Treasure
Valley. So, we are in the process of bringing in -- we are not going to be siting any
generation in the area, so transmission lines are going to have -- how we are going to
have to get it into -- into the area. Which kind of brings me to a point I just wanted to
touch on real briefly as far as economic development. You know, a lot of this we are --
we are situated very well in the -- in and around the City of Meridian to accommodate
load additions. There have been a number of customers circulating around and asking
questions that are a huge power -- huge power consumers. I mean hundred plus mega
watts, which is, essentially, a power plant in itself to do that. We are not at the point
where we have, you know, that kind of surplus line idle to do that, so in the event that
one of those large customers comes to you and says we want a site, they need to be
talking to us years in advance, essentially, in order for us to accommodate, you know,
hundred mega watt type customers. So, it really does put a different type of -- you
know, it's a whole different type of customer than what we are, you know,
accommodating on a day-to-day basis, that's for sure. So, just to kind of give everyone
a heads up along the line on anything that's circulating along that, if you hear, you know,
large consumers, anywhere ten mega watts and above, we really need to know right
away to be able to partner with you in that regard. Just a couple of the other things that
are going on. We are in the process of siting a new operations center over on -- we are
going to call it the north river operation center. It will be located Can-Ada Road and
Highway 44 to serve those customers up in that area, just to kind of give you an idea of
how big our service territory has grown in this area and we are also looking at one in
southeast Boise eventually. We still have a number of crews working in the Meridian
area, not only Idaho Power crews, but a number of contractor crews. If you can help us
be eyes and ears and make sure if you see anything that's being done unsafe out there,
please, let us know. And in compliment to that, if you see, you know, that they are
going a great job and they are being safe, we'd appreciate hearing about that, too. We
do have a lot of activity still going on. As you probably have recognized by the number
of subdivisions -- it has slowed a bit, but we are still adding an awful lot of customers to
the Treasure Valley. The other thing I just want to compliment Will's office on the
notifications that we have been getting as far as the notices and the customer additions
and annexations to keep those -- that accounting part accurate. I think that's -- we have
been tweaking that over the last years, I think it's working quite well right now. So -- and
Meridian City Council
September 25, 2007
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the only other thing -- and the last thing I saw on this agenda was vacations of utility
rights of way. Just a caution. We still -- you know, there is -- the neighborhoods and
business areas and downtown areas are -- we have a lot of those utilities are going
underground and the developers are paying to have that -- those facilities placed
underground. As we get crowding -- the property lines and zero lot lines and start
vacating those, it does create issues for us as far as accessing devices. So, just don't
want to get ourselves painted in the corner where we can't get to those devices, so I'd
just ask your consideration to take into consideration placement of this essential service
and these essential devices when approving utility vacations and things like that. Those
are -- corridors are precious to us and we look at these transportation corridors, railroad
corridors, anywhere we can to put, you know, to joint use those corridors with overhead,
especially in the transmission category lines that we are having to build, so -- I asked
around, no one had any issues that they -- from the company that they wanted to bring
up with the city, that everybody is very happy doing business here. We appreciate your
business and we appreciate we are doing business in the City of Meridian. So, if you
have any questions for me, I'd certainly, you know, stand to answer those. If not, I can
certainly -- if I can't answer them, I'd certainly take them back to subject; matter experts
within the company.
De Weerd: Thank you, Layne. Any questions?
Rountree: Madam Mayor?
De Weerd: Yes.
Rountree: Layne, we have got a process, I guess, going to facilitate the transportation
development that's going to be occurring here in the next couple of years and it's a
transportation coordination project and 1 don't know if you have been contacted, but one
of the things we are trying to do is get all of the providers of transportation, whether it's
surface vehicles, utilities, or whatever, so when and -- if and when Ten Mile interchange
starts and when Ten Mile goes under construction and all those kinds of things start
happening, Idaho Power or somebody isn't out in the middle of that messing up the
surface network of streets, so nobody can get east and west. So, would you be the
right contact with Idaho Power to get -- you know, not necessarily specific at this point in
time, but what your plans are going to be over the next probably five years, as close to
timing as you can get it, so we can -- we are starting to build an overlay of this stuff, so
we can see who is going to be there, when you need to be there, what kind of things we
need to accommodate in advance, so we don't have a train wreck.
Dodson: Madam Mayor, Councilman Rountree, yeah -- yes, I would probably be the
starting point --
Rountree: Okay.
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September 25, 2007
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Dodson: -- to facilitate that and, then, probably would hand that off to our planning --
planning department. We do have a number of planning engineers that would -- that do
ride herd on those type of projects and processes.
Rountree: And I don't know if you have heard of this activity yet, but, hopefully,
somebody from Compass has contacted you.
Dodson: Right.
Rountree: Okay.
De Weerd: And if you don't hear from them, contact them.
Dodson: Okay.
De Weerd: We just want to make sure that the coordination is -- works and that goes
with our own public facilities -- or utilities as well, being sewer and water, because
know with the road activity and some of the utility work, having a road closure is a killer
when there is another one nearby.
Dodson: Right. We appreciate -- appreciate that. We are getting -- we are on the
notice list and most of those are coming to me and I also notice that they do go to our
system engineering also. So, I think we are getting noticed in a couple of different
areas on -- on projects that come through the city and so I think the communication is
working quite well, but these are issues that they pop up and, like you say, road
closures and any type of transportation snafus are felt far and wide. Matt made a good
comment, you know, all things roundabout. I thought that was rather clever, but, you
know, things like that -- even like roundabouts that -- when we have those, it does
change the type of construction that we do, because we typically intersect at an
intersection and so when you do build a roundabout it's does have impacts on the
electrical infrastructure that's in that area also. So, it's nice to hear, you know, what's
going on, what's being -- what's being proposed and as we can get a heads up on that,
that's good for us.
De Weerd: I think that Councilman Rountree has been kind of leading the charge in
coordinating some of this and what's anticipated on I-84 and how that's going to impact
the local roads, we are just trying to avoid to -- as much degree as possible the flow of
traffic.
Dodson: It might be worthwhile to have a sit down and just kind of go through that and
kind of coordinate the maps and show where our major projects are going to be and
align them with the transportation projects that are coming up. We do similar
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September 25, 2007
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workshops with ACHD on a pretty regular basis, but anything we can do to supplement
planning and compliment planning efforts, we are all for that.
De Weerd: And that is a goal and that's why you should be getting a contact and if you
don't hear from -- is it Charles --
Rountree: Charles Trainor.
De Weerd: Please give him a call.
Dodson: We can do that.
De Weerd: Okay.
Dodson: Thank you.
De Weerd: Thank you.
Dodson: Anything else?
De Weerd: We appreciate your time.
Dodson: Appreciate the time.
Item 9: Request for Reconsideration for Anytime Fitness by Dave Evans
Construction:
De Weerd: Item 9 is a request for reconsideration. Last week, Council, you had in front
of you a letter that we received that evening by Anytime Fitness and Del Evans
Construction. Were there any questions that you had of -- regarding that request?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Just for clarification for my own self, is what we had approved was 5:00 a.m. to
11:00 p.m. and now they are asking to amend the findings to 4:00 a.m. to 12:00 a.m.;
is that not right?
Nary: Madam Mayor?
De Weerd: Mr. Nary.
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September 25, 2007
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Nary: Madam Mayor, Members of the Council, they are not asking -- they are not
asking you today to consider what their asking for. What they are -- all they are asking
for you is would you reconsider putting this back on your agenda, re-hearing this matter
-- the reasons they are asking -- what they are raising is is they think they can address
some of the concerns that you had raised in your denial. So, if you're willing to do that,
that's all you're being asked to deal with today.
Bird: And I wasn't part of the denial, so I can't make any motion.
De Weerd: Any other clarification needed or questions of staff or the applicant?
Rountree: I'd just like to hear from Anna and hear from the applicant.
De Weerd: Okay. Anna.
Canning: Madam Mayor, Members of the Council, all I would ask is that if the
reconsideration is granted, that you ask the applicant to pay the additional hearing fees,
as well as any noticing fees for a new hearing.
De Weerd: And, Councilman Rountree, you wanted to hear from the applicant?
Rountree: The applicant.
De Weerd: And this isn't the hearing part, it's only regarding the request. If you will,
please, state your name and address for the record.
Evans: And Del Evans. 7700 -- 7761 West Riverside Drive, Garden City.
De Weerd: Thank you.
Evans: I'm the owner of the building. Anytime Fitness is a tenant. I just appreciate you
guys considering reconsidering this. How is that for --
De Weerd: Consider a reconsider.
Evans: I have done several of these neighborhood parks around Treasure Valley, my
company has, and one thing that we find -- and I thought that Anytime Fitness -- which
may be Most of the Time Fitness. Might have to change the name, but -- it's late.
Rountree: Not for us.
Evans: Well, that's another reason we extended hours.
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September 25, 2007
Page 47 of 66
De Weerd: It's only 9:00 o'clock.
Evans: Well, we may need extended hours, because getting the extended hours, so
somebody in City Council or a meeting can go there, you know. A lot of the models of
our park and Anytime Fitness is, you know, neighborhood convenience and it's had a
pretty good effect and I know you guys have looked at neighborhood business parks for
dental, insurance, people don't have to drive as far, it's close to their house, you have
heard that before and Anytime Fitness's model is not to try to compete with big gyms, so
they don't normally locate up on Fairview Avenue or in areas where there is high traffic
congestion, because their -- their clientele are people that want convenience and
usually live near the gym. So, they don't drive a long ways to these gyms. The other
reason that we get people in these parks is they usually live in the area. This tenant
happens to live in the area and so -- our dentist lives in the area over there, insurance
guy lives in the area, and so they like to have the business near their home and that
helps, too.
De Weerd: Sir, what we don't want is testimony, so keep it to your request --
Evans: Well, what do you want me to say? What can I do to --
Nary: Sir, what it appears by your letter -- unless you have more information to provide
this City Council, is that they had raised particular concerns and when they -- when they
heard this project and denied it, the -- it appears from your letter what -- what you're
asking is to reconsider this, because you may be able to address those concerns that
they had, if you have another opportunity to hear it and that's -- the extent of what your
testimony at this point needs to be -- unless you have something more general than
that, you really need to confine it to that.
Evans: Well, I think the reason to rehear it is if -- if your concerns -- and you need to
ask me those concerns, maybe I could address those and you could decide whether
you would like to hear it.
Nary: No. They need to decide to have a hearing and, then, they can have a hearing
and ask those specific questions.
Evans: Those specific reasons -- and I'm asking for the hearing based upon that I think
that we can address the concerns that may be, as I understand it, some of the reasons
for the denial was the 24 hour setting precedence for a zoning that was not 24 hours.
And -- and so we are not going to ask for 24 hours, but we feel that we could address
the concerns of the Council and Mayoras it would apply to adding the additional the
time in order to give them an opportunity to compete with the bigger gyms by allowing
extended hours.
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September 25, 2007
Page 48 of 66
De Weerd: Councilman Rountree, did you have a specific question?
Rountree: No. I just wanted hear on the record, in addition to the letter that's in the
record, that they feel they can address the specific issues that were brought up and
so --
De Weerd: Thank you.
Rountree: -- I have heard that and appreciate your comments.
Evans: Thank you.
De Weerd: Thank you, sir. Council, any further information needed?
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I'll move that we reconsider the Anytime Fitness request, given the new
information, namely, they are going to provide to address our specific concerns and that
the additional hearing costs be borne by the applicant.
Bird: Second.
De Weerd: I have a motion and a second to reconsider the consideration. Any
discussion? Mr. Berg, will you, please, call roll.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, absent; Borton, yea.
MOTION CARRIED: THREE AYES. ONE ABSENT.
De Weerd: Thank you. So, it will be reset for a Public Hearing through the clerk's
office.
Rountree: And just a point we always make on these, it's no guarantee that we will go
for it the second time either, but we will hear it again.
De Weerd: Thank you.
Nary: And Madam Mayor?
De Weerd: Yes, Mr. Nary.
Meridian City Council
September 25, 2007
Page 49 of 66
Item 10: Findings of Fact and Conclusions of Law for Denial: AP 07-008
Request for City Council review for an Appeal of the Planning and Zoning
Commission's decision limiting the hours of operation from 5:00 a.m. to
11:00 p.m. for Anytime Fitness located in an L-O zone district within
Sundance Subdivision No. 5 by Dave Evans Construction - 3220 North
Meridian Road:
Item 11: Findings of Fact and Conclusions of Law for Approval: CUP 07-015:
Request for Conditional Use Permit for a fitness center within the
Sundance Subdivision No. 5 for Anytime Fitness by Dave Evans
Construction - 3220 North Meridian Road:
Nary: And, Madam Mayor, Items 10 and 11, the Council can by voice vote simply
vacate both of those items and, then, we will see what the results are.
Bird: Can we do it at the same time?
Nary: You sure can.
De Weerd: Okay.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move that we vacate Items 10 and 11, AP 07-008 --
Rountree: Second.
Bird: -- and CUP 07-015.
Rountree: Second that as well.
De Weerd: Thank you. I have a motion and a second on Items 10 and 11. All those in
favor say aye. All ayes. Motion carries.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 12: Public Hearing: MDC Proposed Fees In Lieu of Parking Policy:
De Weerd: Item 12 is a Public Hearing on the MDC proposed fees in lieu of parking
policy and since I don't see the MDC administrator, I'm not sure who should -- I will
open the Public Hearing and --
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September 25, 2007
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Berg: Madam Mayor, if I could just say that this was a hearing that you set forth for us
to notice. It did not meet any requirements as a Public Hearing, but we wanted the
opportunity for the people to have a time to voice their opinion.
De Weerd: Is there anyone here who would like to voice their opinion on this item?
No? Council, I believe you have gotten some preliminary information on this item and
would look for your preference at this point on how to move forward.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Two of us sitting here have already voted on it at the MDC level.
De Weerd: Well, that doesn't mean anything in --
Bird: No. I know here.
De Weerd: -- to this Public Hearing.
Borton: Madam Mayor? How did you vote? If I recall in questions --
Bird: I was a no.
Borton: -- in questions to legal counsel is that the Council also heard this, didn't take
action, because we wanted -- although not required -- to have another Public Hearing --
AdministratorWardle had made reference to a couple Public Hearings he had through
the MDC role, to get information and develop this policy. We offered this additional
opportunity just to error on the side of more input. Wasn't the direction, then, that if
there wasn't any testimony we close the hearing and bring it back for formal adoption?
Nary: Madam Mayor, Members of the Council, Councilmember Borton, I mean you're
correct. If I recall -- and I don't have the specifics, because it's not in the packet, but
when I reviewed the documents from Mr. Wardle -- and Mrs. Canning maybe could
help me through this -- I don't -- I think what we are talking about is a policy that our
ordinance does grant the authority of the administrator for planning to allow people as
alternative compliance for parking to be able to provide some other means of
compliance. So, we are not talking about a specific fee that would normally have to be
noticed of X dollars per space, we are talking about a fee alternative in lieu of having to
provide the actual parking on the site. Am I not correct? Because that's the reason I
think we didn't notice up a fee hearing, because we are not charging an X -- a set
amount, we are charging in relation to what the proposed use is, what the other
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September 25, 2007
Page 51 of 66
available parking is, what the alternatives they are proposing on site, as well as off, and
that's all within the confines of our ordinance currently. Did I get that wrong?
Canning: Madam Mayor, Members of the Council, no, Mr. Nary did not get it wrong. It -
- to boil it down, it -- to enact the policy as Mr. Wardle presented it the other night, I
would be only accepting parking in lieu fees for the Old Town district as an alternative
compliance. That would be the first component. The other one is that I would only look
at new square footage in applying the parking ratios, not the existing square footage.
So, there was a -- there was two parts to that alternative compliance. One, that I would
only look at in lieu fees and, two, that I wouldn't count the existing square footage, only
new square footage. And we can follow up with code amendments to that effect
certainly. It does allow me to do that administratively right now, but we can follow up
with a code amendment if that's Council's desire as well.
De Weerd: Council, are you -- at least the next steps, what would be your preference?
Bird: Madam Mayor?
De Weerd: Yes, Mr. Bird.
Bird: Seeing how we advertised it, nobody shows up, I move we close the Public
Hearing on the proposed fees in lieu of parking.
Rountree: Second.
De Weerd: I have a motion to close the Public Hearing. All those in favor say aye. All
ayes. Motion carries.
MOTION CARRIED: THREE AYES. ONE ABSENT.
De Weerd: Mr. Nary, did you have anything to add?
Nary: Madam Mayor, Members of the Council, if it's the Council's desire to go forward,
what we could do at your direction is, then, work with the planning department, my staff,
and Mr. Wardle, to come up with a resolution that you can, then, approve, so that staff
has a guideline in which to point to or to follow, so that when applicant's do come
forward want to know when did you ever decide this, we would have a resolution, rather
than pointing back to minutes. That would probably be easier and we can work on the
specific wording with Planning and the MDC to get that back in front of you in a couple
of weeks.
De Weerd: Okay.
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September 25, 2007
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Borton: Madam Mayor?
De Weerd: Yes, Mr. Borton.
Borton: I would move that we approve the proposed -- excuse me -- we approve the fee
in lieu of parking policy and, as Mr. Nary has suggested, have staff bring back a
resolution for formal adoptions outlining the specifics of the policy.
De Weerd: Do I have a second?
Rountree: I will second, but I have got a question.
De Weerd: Discussion?
Rountree: We got an initial bid and information on this and Bill and Anna have provided
some clarification or -- or your comments in addition to -- additive to some of the
preliminary documentation that Shaun provided us?
Canning: Madam Mayor, Members of the Council, Councilmember Rountree, I think
redundant would be the appropriate word.
Rountree: We don't have a -- we don't have a recommendation from MDC, do we?
Borton: Madam Mayor? That's a good question. MDC reviewed it, went through the
public hearing and did formally adopt it.
Rountree: Okay.
Borton: I believe it was in August that they did that.
Rountree: So -- and I'm just saying this in order to recognize their existence, should we
maybe get on the record that MDC has forwarded that recommendation to Council for
consideration as an item before we just move to adopt? Kind of like recognizing P&Z or
any other commission that exists, they have a recommendation they bring to us. I don't
want to drag this out, but I don't want to just --
Borton: Madam Mayor?
Rountree: -- act like they don't either.
De Weerd: Yes, Mr. Borton.
Meridian City Council
September 25, 2007
Page 53 of 66
Borton: That's a good point. f don't know if that's language we can incorporate into the
resolution, which outlines the chronology of events and I believe it was MDC's request
upon completing the review and adoption to, then, forward it to Council. In fact, I think
they have to -- forward it to Council for our approval, so this is, in fact --
Rountree: And that would be good language in the resolution. So, if the maker of the
motion would specify that that also be the intent of the resolution and so specify --
Borton: So moved.
Rountree: I would second that as well.
Borton: Okay.
De Weerd: Any further discussion or clarification needed?
Rountree: I have none.
De Weerd: Mr. Berg, will you, please, call roll.
Roll-Call: Bird, nay; Rountree, yea; Zaremba, absent; Borton, yea.
MOTION CARRIED: TWO AYES. ONE NAY. ONE ABSENT.
Item 13: Public Hearing: VAC 07-011 Request for a Vacation of the 10 foot
public utility easement platted on Lots 1 -12 of the Queenland Acres
Subdivision for Queenland Acres by James Prather- SEC of S.
Stoddard Road and W. Overland Road:
De Weerd: Item 13 is a Public Hearing on VAC 07-011. I will open this Public Hearing
with staff comments.
Canning: Madam Mayor, Members of the Council, this is the Queenland Acres
vacation. It's located on the southeast corner of Overland and Stoddard. The
requested vacation is three days in Disney -- no, I'm sorry, a ten foot wide public utility
easement platted on Lots 1 through 12 of Queenland Acres Subdivision. The
outstanding issues before Council -- the Public Works Department has no opposition to
the proposed vacation of easements -- hold on just amoment -- adjacent to the side
and rear lot lines. However, the City of Meridian and Qwest Communications would like
to keep all easements along Stoddard and Overland until such time that the applicant
provides the new easements for all utilities installed with the Queenland Acres project
and the Overland Road expansion project has been completed. So, staff
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September 25, 2007
Page 54 of 66
recommendation is to approve. We do have the necessary relinquishments for the side
and rear lot lines.
De Weerd: Thank you, Anna. Council, any questions?
Bird: I have none.
Rountree: None.
De Weerd: Any testimony from the public? Council, seeing no further testimony, do I
have a motion to close?
Bird: So moved.
Rountree: Second.
De Weerd: I have a motion and a second to close item -- the Public Hearing on Item
13. 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 VAC 07-011 and incorporate all staff comments.
Rountree: Second.
De Weerd: I have a motion and a second to approve Item 13. If there is no discussion -
Canning: Madam Mayor?
De Weerd: Yes.
Canning: Can I just for clarification -- perhaps if we could have the maker of the motion
specify that that's just for the side and rear lot lines, that might be helpful.
Rountree: Of the vacation?
Bird: Yeah. So, as you stated would be incorporated, Anna.
Meridian City Council
September 25, 2007
Page 55 of 66
Canning: Thank you, sir.
Rountree: Second agrees.
De Weerd: Second agrees. Mr. Berg, will you, please, call roll.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, absent; Borton, yea.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 14: Tabled from September 18, 2007: FP 07-026 Request for Final Plat
approval for 140 single-family building lots and 21 common lots on 89.70
acres in R-2, R-8 and R-15 zones for Javker Subdivision No. 1 by
Treehaven, LLC - 4042 West Chinden Boulevard: Request to be tabled
to October 2, 2007
De Weerd: Item 14 has been requested to table from -- further to October 2nd.
Rountree: Madam Mayor?
De Weerd: Yes, Mr. Rountree.
Rountree: I move we table Item 14 until October 2nd, 2007.
Bird: Second.
De Weerd: I have a motion and a second to approve the request to continue to October
2nd. All those in favor say aye. All ayes. Motion carries.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 15: FP 07-029 Request for Final Plat approval for 24 single-family building lots
and 4 common lots on 7.56 acres in an R-4 zone for Eastwood
Subdivision by Wirt and Francis Edmonds - 4515 S. Locust Grove Road
De Weerd: Item 15 is FP 07-029. I will open this item with staff comments.
Canning: Madam Mayor, we do have a letter from the applicant stating they are in
agreement with the conditions of approval and the final plat substantially complies with
the approved preliminary plat.
De Weerd: Thank you, Anna. Council, anything further on this?
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September 25, 2007
Page 56 of 66
Rountree: I have none.
De Weerd: Do I have a motion?
Rountree: Madam Mayor?
De Weerd: Yes.
Rountree: I move that we approve Item 15, FP 07-029.
Bird: Second.
De Weerd: I have a motion to approve Item 15. Mr. Berg, will you, please, call roll.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, absent; Borton, yea.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 16: Ordinance No. 07-1339 RZ 07-012 Request for Rezone of
approximately 22.7 acres from an R-8 to a C-G zone for Valley Shepherd
on Meridian by the Valley Shepherd Church of the Nazarene -150 West
Maestra:
De Weerd: Item 16 is an ordinance number 07-1339. Mr. Berg, will you, please, read
this ordinance by title only.
Berg: Thank you, Madam Mayor, Members of the Council. Ordinance 07-1339, an
ordinance finding that Valley Shepherd Church of the Nazarene, the owners of certain
real property has made a written request for rezone of the zoning classification for real
located in the northeast quarter of the southeast quarter of Section 24, Township 3
North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, as
described in Attachment A of this ordinance and rezoning certain lands and territory
situated in Ada County, Idaho, and within the corporate limits of the City of Meridian,
rezoning the land use zoning classifications of said lands from R-8 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 providing for a summary of the ordinance and providing for a
waiver of the reading of the rules and providing an effective date.
De Weerd: You have heard this ordinance read by title only. Is there anyone who
would like to hear it read in its entirety? I'm sure it's really exciting reading, too. Seeing
none, Council?
Meridian City Council
September 25, 2007
Page 57 of 66
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we approve ordinance 07-1339 with suspension of rules.
Rountree: Second.
De Weerd: I have a motion and a second to approve this ordinance 07-1339. If there is
no discussion, Mr. Berg, will you, please, call roll.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, absent; Borton, yea.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 17: Resolution No. 07-578 New Meridian Building Fees:
De Weerd: Thank you. Item 17 is ordinance number 07-1 -- or, I'm sorry, not one --
578 on the new Meridian building fees. Council, any questions? Comments? Do I
have a motion?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we approve Resolution 07-578.
Rountree: Second.
De Weerd: I have a motion and a second to approve Resolution 07-1 -- 578. I don't
know why I keep wanting to put a one in there.
Rountree: Without the one.
De Weerd: Without the one.
Bird: You think it's an ordinance.
De Weerd: And I didn't think it was late.
Bird: That's okay. I tried to make the ordinance a resolution.
De Weerd: If there is no discussion, Mr. Berg, will you, please, call roll.
Meridian City Council
September 25, 2007
Page 58 of 66
Berg: Thank you, Madam Mayor, Members of the Council. This is an ordinance
ratifying the City Council's approval of the building department fee changes providing
effective date of November 1st, just so you know and it's on the record.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, absent; Borton, yea.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 18: Resolution No. 07-579 Approving Amended By-Laws of
the Parks & Recreation Commission and Appointment to Seats:
De Weerd: Thank you. Item 18 is resolution 07-579. Mr. Berg, if you want to read this
by title.
Berg: Thank you, Madam Mayor, Members of the Council. This is resolution 07-579, a
resolution of the Mayor and Council of the City of Meridian approving the amended by-
laws of the Meridian Parks and Recreation Commission appointing commissioners to
designated seats and providing an effective date.
De Weerd: Thank you. Council, any questions on this item? Mr. Nary, did you have
something?
Nary: Go ahead.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I do have one thing on this -- not only this resolution, but the next resolution. I
think some of these things that we need -- we need to, as a Council, be a little more
specific with our ordinances, dating these things. I know this -- this one did have that at
one time, designating seats and stuff and -- but also on the other -- because it's so
much easier for a person to pull a resolution to see what the Commission has done and
stuff -- it's too late now on these two I feel, but -- and very rarely do they look up
resolutions, because they -- once they see the ordinance they think that covers
everything. Well, we've got a resolution to it. So, we just need to be more -- I believe
we need to be more diligent when we make out our ordinances and in the parks we did
have designated seats originally and, then, that didn't seem to work out, so we changed
it, and now we are going back to it and I think it's a very very good idea.
Nary: Madam Mayor?
Meridian City Council
September 25, 2007
Page 59 of 66
De Weerd: Mr. Nary.
Nary: Madam Mayor, Members of the Council, what I was going to add I guess to your
discussion, since we actually planned on bringing one of these also for traffic safety
commission, your current ordinances have the structure of the commission, the
membership, if there is specific residency requirements for a particular commission,
then, those are all contained in the ordinance and Mr. Bird is right, that, you know,
powers, duties, responsibilities, what we should do is include in that ordinance that
there are rules and operational requirements that the commission themselves will
define. How the meeting is run, how the meetings are operated, those types of things
and that's what the by-laws are meant to cover. So, we could certainly amend those
sections of the ordinance that would include that. So, again, if a person was interested
in serving in those commissions, then, they would know that there are rules in the
ordinance and there are additional rules as well as to how they are done and it can be
somewhat cumbersome sometimes if you want a real clean ordinance to have seats
and designated seat numbers and all that, because you're going to amend them from
time to time or you may -- especially on the commissions that have an open amount of
citizens that could serve on them. Some of our commissions say up to nine members,
sometimes you may only have five or seven members at a particular point. So, we
could certainly include that in an ordinance revision and bring that back as wel{. The
traffic safety one you will see we did have a discussion at the last month's meeting. We
have been having these ongoing discussions with parks and the arts commission, since
the arts commission came into place and as well as parks. What I did notice when we
looked up the citizen representatives on the traffic safety commission -- Ms. Gabriel I
think has been on since 1998. The other two citizen members have been on since
Mayor de Weerd's been in office, so over the last four years. So, it's not real clean that
they match up with the time period. So, we are going to make sure that that's cleaner,
bring that back in front of you like these, it will tell you which persons are in which seats,
what their expiration dates are. We will work with the c{erk's office to make sure they
make sense. But we could certainly add that to the ordinances, so that, again, it's clear
there are rules that those commissions operate by that aren't necessarily going to be
written out in the ordinance, but can be changed from time to time as necessary.
Bird: Spoken much better than me.
Nary: Just more legalese. That's all. Just more legal mumbo jumbo.
De Weerd: That's what -- and that's what you said; right?
Nary: Yeah.
Bird: That's what I said, yeah. He just --
Meridian City Council
September 25, 2007
Page 60 of 66
Nary: That's what I thought you said.
Bird: -- expounded on it.
Berg: Madam Mayor?
De Weerd: Yes.
Berg: If I could make a couple comments. On a different perspective, I think an
ordinance is the reference that most citizens come and look at, because those are the
laws of the city and some of our ordinances describing what the City Council does and
when they meet and what their offices are, as well as the Planning and Zoning
Commission, those are two prominent commissions, but I think there should be some
consistency with some of those things with these other commissions, especially when
we keep adding more and more commissions for specific activities that we want the city
to look at and have more citizen input. I think some consistency in the citizens being
able to go to that ordinance and find out when they meet on whatever basis it may be,
monthly or twice a week or whatever, is a better reference than trying to find a
resolution and how you make sure you keep that up to date. I know that some people
may think that you're always recodifying the ordinance book, but now in the electronic
age you can do so many more word searches and find out information faster than I
guess going through pages of resolutions to find out what by-laws are the most current
for that commission. Another avenues that I'd like to do is put a little bit more standard
in the way they do agendas and minutes and order of business, so it's not too randomly
selected. 1 think there is some consistency that I think should be brought out throughout
all commissions, but every commission has a little bit different variance of what work
they do. But I think there is some consistency. And I guess I say this on the platform
after attending the conference last week, that the real history of the city is in the minutes
of all these commissions and the City Council and it's really important to keep those
together, so that you can determine what events happened to create the city and
community that we live in. So, on that basis I'd just like to keep more structure in the
ordinances that we can, so that we can at least point those to things and it's a little bit
easier paperwork and tracking and word searching for those citizens.
De Weerd: Thank you.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Nary: He sounded almost like an attorney.
Meridian City Council
September 25, 2007
Page 61 of 66
Bird: He must be an attorney. tt takes him longer than the attorney to say the same
thing.
Rountree: Madam Mayor?
De Weerd: Yes, Mr. Rountree.
Rountree: I agree with everything f have heard.
Bird: I do, too.
Nary: Spoken like a true politician.
Bird: And I think that's something we need to look at at the deal, but --anyway, Madam
Mayor?
De Weerd: Mr. Bird.
Bird: I move we approve ordinance -- resolution -- t'm in ordinance -- 07-579.
Rountree: Second.
De Weerd: I have a motion and a second to approve Item 18 -- you didn't approve 19
as well; right?
Bird: We didn't read 19 as well. I would be glad to if you would have read it.
De Weerd: No. That's all right. Any discussion? If not, Mr. Berg, will you call roll.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, absent; Borton, yea.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 19: Resolution No. 07-580 Approving By-Laws of the
Meridian Arts Commission:
De Weerd: Item 19 is a resolution 07-580. I will ask the city clerk to read this by title.
Berg: Thank you, Madam Mayor, Members of the Council. Ordinance -- or, excuse me,
resolution 07-580, a resolution of the Mayor and City Council of the City of Meridian
approving the initial by-laws of the Meridian Arts Commission and providing an effective
date.
Meridian City Council
September 25, 2007
Page 62 of 66
De Weerd: Council, you have heard this read by title. Are there any questions? Or are
the same comments applicable from the last item to this?
Bird: Madam Mayor, that would be the same comments on my part.
De Weerd: Thank you, Mr. Bird. Do I have a motion?
Bird: I would -- Madam Mayor?
De Weerd: Yes.
Bird: I'd move we approve resolution 07-580.
Rountree: Second.
De Weerd: I have a motion and a second to approve Item 19. If there is no discussion,
Mr. Berg, will you call role.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, absent; Borton, yea.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 20: Ordinance No. 07-1340 AZ 07-010 Request for Annexation
and Zoning of 6.67 acres from an R1 zone to a C-G zone for Gardner-
Ahlguist Gateway South by Ahlquist Development, LLC -Southeast
Comer of Franklin and Eagle Roads:
De Weerd: Item 20 -- and I assume that we have a high school student in the back with
us and you have lasted through the most boring part of our agenda. So, after you hear
the reading of this by the only, I will offer you a City of Meridian pin that hopefully will
earn some extra credit in your government class, which I'm sure you're hear tonight for.
Rountree: Scout?
Bird: Scout?
De Weerd: No? Eagle scout. Very good. Well, it should earn you an extra star or
something. So, Mr. Berg, will you, please, read this ordinance 07-1340 by title only.
Berg: Thank you, Madam Mayor, Members of the Council. Ordinance 07-1340, an
ordinance for annexation of property being a portion of the northwest quarter of Section
16, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, as described
in Attachment A and annexing certain lands and territories situated in Ada County,
Meridian City Council
September 25, 2007
Page 63 of 66
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-1 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 providing for a
summary of the ordinance and providing for a waiver of the reading of the rules and
providing an effective date.
De Weerd: Thank you, Mr. Berg. You have heard this ordinance read by title only. is
there anyone who would like to hear it read in its entirety? Seeing none, hearing none -
Rountree: Madam Mayor?
De Weerd: Council?
Rountree: I move that we approve Item 20, Ordinance 07-1340 with suspension of
rules.
Bird: Second.
De Weerd: Thank you. I have got a motion to approve Item 20. Mr. Berg, will you call
roll.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, absent; Borton, yea.
MOTION CARRIED: THREE AYES. ONE ABSENT.
De Weerd: Thank you. Council, I -- oh. I do have a City of Meridian pin to offer our
future Eagle Scout. So, if you would like to come forward, Iwill -- thank you for your
diligence in listening to all of those readings. I wish you luck.
Berg: Nice shirt. Nice shirt, right, Keith? Nice shirt?
Bird: Yeah. What? Stand up --
De Weerd: We do have the big game, you know, the Mavericks and the Warriors this
weekend.
Bird: Stand up a minute. You're not going to wear that Friday night are you? I got a
good one for you to wear. It says Warrior. Have you got an Eagle -- excuse me,
Tammy. Can lask --
Meridian City Council
September 25, 2007
Page 64 of 66
De Weerd: Uh-huh.
Bird: Do you have an Eagle project? Are you? If you -- if you would like to call -- or
see that gentleman sitting back there, leave him your name and number, I might have
one for you, with a couple other kids when we get done moving a building. Okay?
De Weerd: Yeah. Our Pine Street School. That's a great idea. Council, just two items
before we go into Item 21. 1 don't know how many of you know Jerry Knox. He is the --
he was the Meridian Senior Center president for a number of years. He had a very
serious heart attack awhile back and his family met with the doctors today and they will
be taking him off his feeding tube and so certainly --
Bird: They are what?
De Weerd: They are taking him off his feeding tube. The prognosis I think is very
serious and doesn't look good, but the family would appreciate your prayers and just
wanted to give you an update and let you know. Also, on a more brighter note, our city
clerk has earned a very distinguished award, the James Weatherby Award that's offered
to the top city clerk in the state of Idaho and he was awarded this last week during their
conference and while I'm really irritated by the Association of Idaho Cities that they
didn't notice --give us notice, so that we could be on hand when he was presented this
very distinguished award, we congratulate you, Will, and say for a job well done, well
deserved, and I just wanted you to know.
Bird: Thanks, Mayor.
Rountree: Congratulations.
Berg: Thank you.
De Weerd: Keith should be offering you some candy. I think he does that with all of
our --
Bird: What do you mean? He's got enough candy.
Item 21: Executive Session per Idaho State Code 67-2345 (1) (a) - (to consider
hiring a public officer, employee, staff member or individual agent,
not to include. This paragraph does not apply to filling a vacancy in
an elective office) and (f} - (to consider and advise its legal
representatives in pending litigation):
Meridian City Council
September 25, 2007
Page 65 of 66
De Weerd: Item 21 is an Executive Session. Council, do I have a motion?
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I move that we go into Executive Session per 67-2345, paragraphs (1 }(a)
and (1 }(f).
Bird: Second.
De Weerd: I have a motion and a second to adjourn into Executive Session. Mr. Berg,
will you, please, call roll.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, absent; Borton, yea.
MOTION CARRIED: THREE AYES. ONE ABSENT.
EXECUTIVE SESSION:
De Weerd: I would entertain a motion to come out of Executive Session.
Bird: So moved.
Borton: Second.
De Weerd: All those in favor say aye.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Borton: Move to adjourn.
Bird: Second.
De Weerd: All those in favor say aye.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Meridian City Council
September 25, 2007
Page 66 of 66
MEETING ADJOURNED AT 11:25 P.M.
(TAPE ON FILE OF THESE PROCEEDINGS)
APPROVED:
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MAYOR MY de WEERD ~ ~~o
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_ A~fESTED:
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~d,16, 07
DATE APPROVED
G. BERG. JR.~ITYCLERK