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HomeMy WebLinkAbout2007 11-07Meridian City Council Meeting November 07, 2007 A meeting of the Meridian City Council was called to order at 7:10 p.m., Wednesday, November 7, 2007, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Keith Bird., Charlie Rountree, Joe Borton and David Zaremba. Others Present: Bill Nary, Will Berg, Anna Canning, Bob Stowe, Mark Niemeyer, Len Grady, and Dean Willis. Item 1: Roll-call Attendance: Roil call. X David Zaremba X Joe Borton X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd De Weerd: Okay. I will go ahead and start tonight's meeting. I'd like to welcome you all here.. For the record., it is Wednesday, November 7th. It's ten minutes after 7:00. We will start tonight's .meeting with roll call attendance. Mr. Berg. Item 2: Pledge of Allegiance: Boy Scout Troop 166 De Weerd: Item No. 2 is the pledge of allegiance. Tonight we will be led in the pledge by Troop 166, sponsored by Ward 16. All rise. (Pledge of allegiance recited.) De Weerd: If I could present to your troop some pencils from the City of Meridian for leading us tonight. Thank you. Item 3: Community Invocation by Robert Wyler with LDS Church: De Weerd: Item No. 3 is our community invocation. Tonight we will be led in the community invocation by Bishop Robert Wyler. He's with the youth stake LDS church. If you will all join us in the community invocation or take this as an opportunity for a moment of reflection. Wyler: Our Righteous and Eternal Father in Heaven, Father we are thankful for this day and for the freedoms which we hold. We pray, Father, that thy Spirit will be upon our armed men and women of the services as they are out protecting our freedom that they might be blessed and comforted in their hours of need. We are thankful for their kind service and we pray for their families as they are away serving on our behalf. We pray Meridian City Council November 7, 2007 Page 2 of 33 for our leaders of our civic governments. We pray that they might be inspired and they might lead us in the ways that thou see fit and that we might as a people continue to grow and go forward in serving and loving each other and showing kindness to each other and we pray that thy Spirit will be upon us in this meeting at this time and directing us always and we say these things in Jesus Christ's name, amen. De Weerd: Thank you for joining this evening. I think this is your first time; correct? I do have a City of Meridian pin and offer our appreciation for joining us. Thank you. 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 some requests. On the Consent Agenda it's been requested to move Items 5-G, 5-H, 5-I, and 5-J to 7-G, 7-H, 7-I and 7-J of the regular agenda. And also move Item E from 5-E to 7-E. And also move Item S from 5-S to 7-S on the regular agenda. Item No. 9 on the regular agenda has been asked to be vacated from the agenda. And with your permission, under department reports, we need to have a -- add a little department report that the clerk had brought forward on the deal. If we could do that, be all right with you. And with that I move we approve the revised agenda. Borton: Second.. De Weerd: Okay. I have a motion and a second to approve the agenda as revised. All those in favor say aye. All ayes. Motion carried. MOTION CARRLED: THREE AYES. ONE ABSENT. Item 5: Consent Agenda: A. Approve Minutes of October 23, 2007 Pre-Council Meeting: B. Approve Minutes of October 26, 2007 City Council Special Meeting: C. Findings of Fact and Conclusions of Law for Approvah VAR 07-018 Request for a Variance to construct up to 35 feet of landscaping within the Idaho Transportation Department's right-of- way on Eagle Road for Gardner Ahlguist Gateway by Timberline Meridian City Council November 7, 2007 Page 3 of 33 Surveying, PLLC -Southeast Corner of East Franklin Road and North Eagle Road: D. Findings of Fact and Conclusions of Law for Approval: SHP 07-006 Request for a Short Plat approval to create 3 commercial building lots on 0.98 of an acre in a C-G zone for Minert Plaza by Specialty Contracting, LLC - 623 East Shiller Lane: F. Findings of Fact and Conclusions of Law for Approval: PFP 07-003 Request for a Combined Preliminary /Final Plat approval of 4 commercial lots on 6 acres located in the C-G zoning district for Intermountain Outdoor Subdivision by Carmen, LLC - 1351 & 1375 East Fairview Avenue: K. Findings of Fact and Conclusions of Law for Approval: 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: L. Task Order 0725 with Civil Survey Consultants, Inc. for Black Cat Road Water Main, Five Mile Creek to Chinden, Design for an Amount not to exceed $15,155: M. Resolution No. 07-588 SSC Commercial Rate Change: N. Task Order 1, Agreement for Professional Services with Hydro Logic for Engineering Consulting Services regarding Groundwater quality Regulatory Compliance Issues for a cost not to exceed $20,000: O. Idaho Department of Water Resources Application for Permit for Proposed Well #28: P. Approve Contracts for New City Hall Project: Approve $464,000 Idaho Custom Wood Products Q. Sanitary Sewer and Water Main Easement Agreement for Cope Subdivision by Ronald Van Auker: R. Change Order No. 1 for the Heroes Park Tee /Pressure Test for Wastewater Reuse with H2 Excavation, LLC for $4,090.00: Meridian City Council November 7, 2007 Page 4 of 33 T. Task Order No. 2 for Stormwater Program Analysis with Murray, Smith & Associates, Inc. for $46,010: U. Change Order No. 1 to Agreement for Professional Services with Civil Survey Consultants, Inc. for design of Lanark/Commercial Water Line Connections for a cost Not to Exceed $6500: V. Budget Amendment for New Heritage Theatre Company: W. Contract Amendment for New Heritage Theatre Company: De Weerd: item 5 is the Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird.: On the Consent Agenda, as noted earlier, Items No. G, H, I and J will be moved to 7-G, H, I and J. Item No. E would be moved to 7-E. And Item S would be moved to 7- S. The rest of them would remain. The resolution number on Item N is 07-588 and with that I move that we approve the revised Consent Agenda and for the Mayor to sign and the Clerk to attest. Zaremba: Second. De Weerd: Okay. I have a motion and a second on the Consent Agenda. Any discussion? Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, absent; Zaremba, yea; Borton, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 6: Department Reports: A. Mayors Office 1. Boise Valley Habitat for Humanity by Ken Nichols: De Weerd: Thank you. Item 6-A under the Mayor's office, we do have a representative from Habitat for Humanity that wants to do a presentation to the Council. As you know - - and we do have two members from our youth advisory council, they have spent the last two years doing their national youth and service project for the Habitat project. We Meridian City Council November 7, 2007 Page 5 of 33 did the groundbreaking and the groundbreaking came three weeks after the ground actually was broke and it was all already framed, had the plywood up, and they were starting to seal the seams. So, this house has gone very quickly. It's the first Meridian Habitat for Humanity home. We had the lot donated. The youth council did fund raisers and we have our first Meridian build underway. So, tonight with us is Ken from Habitat. And., Council, I know I have probably said it more than once, but this is a home that has been fundraised by youth and it is being built by the youth in the Meridian School District construction classes. So, this is an exciting project. Nichols: Thank you very much, Madam Mayor, Councilmen. My name is Ken Nichols, I'm the executive director for Boise Valley Habitat for Humanity, which Boise -- this Habitat affiliate actually serves all of Ada County. To date most of our houses have been built in Boise, but as the Mayor just mentioned, the very first Habitat home in Meridian is well underway. Although it's the seventh home that's been built by the Meridian School District residential construction class, in partnership with the Boise Valley Habitat for Humanity. The partnership being the operative word that we like to use as much as possible and put into practice as much as possible. A little bit of background. Habitat for Humanity has been around in the United States for 37 years now. Founded in 1976 by Millard Fuller. Actually, that's 31 years. By Millard Fuller and has grown to the point where now Habitat is in a hundred countries around the world and produced over 400,000 units of housing. Boise Valley Habitat has produced 34 units of housing. We have got five houses under -- additional houses under construction right now and the partnership starts first and foremost with the families that we select for housing. These are, of course, low income families, families making between 30 and 50 percent of the county adjusted median income, which means a family of four in Ada County making 16,000 dollars a year, we can get them into affordable home ownership and we do that with a mechanism that's actually Biblical, Exodus 22:25 that states when you loan money to your poor brother, don't charge interest. So, Habitat for Humanity around the world sells their homes on a zero interest mortgage. So, we do that, we recover those funds, but, obviously, it takes a lot more funds to continue our expansion. We hope to do six homes this year and we look forward in the future to doing some more homes in the rest of Ada County and branch out from just Boise. We have actually served 44 families over the years that Habitat's been around in this area. Some families have decided to sell, their families change, their jobs have changed., they have needed to be somewhere else in the country. We have bought those homes back, resold those to additional Habitat families. A good example -- a lot of Habitat -- you know, when we first moved into an area -- and this happened multiple times in Boise, a lot of .families think -- in the neighborhood that this is going to reduce their property values. The not-my-backyard approach is -- or sentiment by the existing families is sometimes difficult to overcome, but we have always overcome it. I just recently visited with a family that was very vocal about a five house development we did and two years after we -- we got out of their and the families have been in there taking care of their property and becoming -- you know, becoming a part of the neighborhood., I asked this guy, well, how do you feel now and he says the Meridian City Council November 7, 2007 Page 6 of 33 trufih, he says pretty nice. He said these are really nice folks. The home that we are building right now in Meridian over in -- on Heritage Woods is going to be a really good example of how we can fit into the neighborhood. That was primarily a Hubble Homes development with mostly Hubble Homes going in there. We actually used and adopted one of Hubble Homes own designs, so our house is going to fit right in with the rest of the neighborhood. The story on this family is equally interesting. It's an immigrant family, they have been in the U.S. for four or five years. They came from Haiti. He was a physician, she was a registered pharmacist, and while they can't practice those trades here -- or those professions right now here in the U.S., he's got to have some additional education and so does she, to meet the U.S. standards, they are going to do that and they are going to fit right into that neighborhood. But, again, the partnership -- you also mentioned the Mayor's advisory youth council that's worked very hard in the last couple of years, they have helped with significant funding for -- for both the home that we did last year, which was actually in Boise, but also in the Meridian School District, go figure that deal, but they helped fund raise and, of course, the students have been building the home. We have still got a little ways to go on this a house, but with the help of that council and Don Hubble, who donated the lot for this house, that's -- that's gone a long ways. The way I look at this and what I really am coming to Council for is I would like to begin a formal dialogue -- not right now this minute, but I'd like to see that develop out of this, whereas as Habitat looks at our mission to create affordable housing for families in need, you know, we need volunteers, we, obviously, need funding, we need building opportunities, sites where we can build affordable housing. But that goes hand in hand with the community that we are operating in and we at Habitat would really like to get some input from the City of Meridian in terms of what is your need for housing for families in this income range. Where in Meridian do you see affordable housing to be an asset to your community. What are the numbers of units that you would ultimately like to see? And we don't pretend like we are going to solve the entire problem. We are just part of the solution. But by raising the awareness, like the City of Meridian has through their Homelessness in the Park event last August, housing comes to the forefront. Those people that live in the community, that service the community, whether they are waiters or they clean offices or they take out the trash, deserve the opportunity to live in the community that they work in, to really take ownership of that community and be a valuable part of. So, where we build, how we build., the time frame for doing that building, we'd really like to get into a formal dialogue of some sort and figure out how we can make it happen. Are there any questions? De Weerd: Thank you, Ken. Council, any questions? I think it probably would be appropriate to meet with our planning staff. I know we have started some dialogue as we entered into our application process to become an entitlement city and so there has been some dialogue that has been started in that regard. But planning and Emily Kane in our city attorney's office would be two of the different departments that have already started the dialogue on that. Meridian City Council November 7, 2007 Page 7 of 33 Nichols: Yeah. We bought -- in the last year and a half we have bought over 750,000 dollars worth of property in the city of Boise through their entitlement program through home funds from HUD. So, that is a great way to get some assets set aside. Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. Zaremba: One, welcome to Meridian. Nichols: Thank you.. Zaremba: Your reputation precede reputation, certainly around this cou subject of the block grants, one of the but somebody asked is at resale time, have touched on this -- does Habitat, right to repurchase or -- you. Habitat for Humanity has a very high itry and apparently around the world. On the questions that somebody asked -- it wasn't me, if somebody does need to move -- and I think you when they sell it, require a contract with the first Nichols: Yes. Zaremba: What we were questioning on the block grant one was that we make an affordable house available and six months later they sell it for a huge profit, how do we control that? Nichols: We have definitely controlled that and we have done it in several ways. Yes, we have a very tight mortgage. We retain the right of first refusal.. We have a formula in there, depending on how long they have been in the house, they will also get to share in the appreciation of the house, but, typically, that happens most at the end of the mortgage, so we really want them to be in partnership. We are providing housing that is there for their affordability, not for there enrichment, and recognizing that a substantial subsidy -- you know, when you take a hundred thousand dollar home and you sell it on a 30 year zero percent mortgage., the real value of that mortgage is about 51,000 dollars. And so that's the level of subsidy, but it's a very long term subsidy. We are doing a second thing and that is recognizing the vast increase in the cost of land., our affiliate has moved to a land trust model, where we will own the land, we will sell the homes on the land, like a lot of other areas of the country are already doing, like they do with commercial buildings right now, where there is a leasehold and, then, the actual structure, we will hold a 99 year lease, which makes, you know, an 82,000 lot, which is what we just paid for the last one we bought, spread of 99 years, becomes affordable. But It also means that we hold that right of first refusal far longer than the actual mortgage. So, that land will be affordable for the long term. Zaremba: Cool. Thank you. Meridian City Council November 7, 2007 Page 8 of 33 De Weerd: Any other questions, Council? Bird: I have none. I have none. Just a great program. De Weerd: Okay. Nichols: Thank you very much. De Weerd: Thank you, Ken. Would either of the two representatives from the youth council like to make any comment? No? Wow. Bird.: I can't believe that. De Weerd.: I think we need to note in the minutes that they said no. Bird: Teenage girls said no. De Weerd: Well, thank you for joining us. I really -- we are excited and we are very proud of the youth council and their engagement with the Habitat project and in bringing awareness to an issue that maybe isn't really large or prominent in our community, but it certainly is in this valley and it's certainly an area that we need to focus on as we move forward as a community. So, thank you, Ken, Roanne, and Becca, for being here. 2: Reappointment of Phillip Liddell to Parks & Recreation Commission: Approve to October 2010 De Weerd: Okay. Item A-2 is -- are the re-appointments to the parks commission. Right now we do have an open seat. The second one we just recently filled about six months ago, that was with Phillip Liddell. And for the record Councilman Rountree has joined us. Rountree: Thank you. De Weerd: Welcome. So, Council, these are three year terms. I would like to re- appoint Phillip to the Commission and I will bring you back a name for the open seat once we have filled it. Bird: Who is it? De Weerd: Phillip Liddell. L-i-d-d-a-I-I. Bird: And the three years expires October -- or August of '10? Meridian city Council November 7, 2007 Page 9 of 33 De Weerd: No. It would be October. Bird: October 10. De Weerd.: Uh-huh. Bird: Okay. Madam Mayor? De Weerd.: Yes, Mr. Bird,. Bird: I move that we approve the appointment of Phillip Liddell to the Parks commission for a period of three years. Rountree: Second.. Zaremba: Second. De Weerd: Okay. I have a motion and a second to approve the reappointment. Any discussion? Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. 3. Sr. Citizen Grant Project -Request for Building Permit Waiver: De Weerd: Okay. Item 6-B is our planning department. Anna. Bird: Madam Mayor? De Weerd: I'm sorry? Bird: Could we add -- could I add something in on yours? De Weerd: Uh-huh. Bird.: Item C or -- Anna. The senior center has got a grant and they are doing some mechanical work and changing out some windows and they were wondering if we -- if the Council would do like they have done before, waive the fees for the permits. De Weerd: Council? Bird: What's your pleasure? Meridian City Council November 7, 2007 Page 1.0 of 33 Rountree: I would be inclined to do so. Zaremba: That seems fair to me. Bird: Joe? Gorton: Oh, sure. Bird: Me, too. Is that okay? De Weerd: I guess the permits that the -- Bird: They have to get the permits, we just -- but the fees we would waive, like we did before. De Weerd: Okay. Before we had also talked to our contractors about the waiving of the fee, because we -- part of that fee is -- is their money. Bird..: Well, I think the Council has give their approval, so I would ask Len if he would go back and talk to the -- to the people involved and I think it would be probably Daunt and the mechanical, am I not right? See if they would. Grady: Madam Mayor, Councilman Bird, I'd be glad to do that. Bird: Okay. Grady: If they don't, do you want the city to go ahead and cover that portion? Rountree: That's up to the Council. Gorton: Madam Mayor? Bird: I would have no problem with that. De Weerd.: Mr. Borton. Borton: I think we have got a general consensus of all of our opinions. It might be cleaner in that situation just to ask the senior center to provide us a written request that might detail some of those specifics, so when we sit up here in approval we know exactly what we are all -- and they know, too. So -- Bird: We'll get that taken care of and if you will talk with them, Len, at the same time. Meridian City Council November 7, 2007 Page 11 of 33 Grady: You bet. Bird: Thank you. Thanks. De Weerd: Okay. So, Will, was this --did you have something to add? Berg: Madam Mayor, if I could, I'll just refresh your memory, that there is three projects right now. The front entrance, which is a ramp and an entryway, the windows throughout the dining hall, and some of the parts of the other old structure of the building and., then, an air-conditioning unit system in the kitchen. Those are the three basic projects right now that that grant covers. There might be some money left over to include the next priority of their capital improvement plan, but right now we are just holding to those three projects. De Weerd: Okay. And so will you contact them to get the written request? Berg: I will. It kind of came urgently today when they said they were going to try to get some things done before the weather gets bad, to pour the concrete and I'm going, okay, thank you, we will bring it up and I will get a formal request from them. De Weerd: So, Mr. Bird, was this the item that you added under the -- Bird: Under your Mayor's -- yeah. That's -- De Weerd: Under mine. Okay. Bird: Thank you, Mayor. B. Planning Department 1. Budget Amendment for East 3~d Street De Weerd: Okay. So, Item 6-B. Canning: Madam Mayor, Members of the Council, you have discussed this issue, which is the budget amendment for East Third Street extension a number of times, so I'm going to give you the very succinct version. The study was funded for fiscal year'07. It was not completed in fiscal year '07, we missed the opportunity to roll over the funds into fiscal year '08, so we are asking that you reallocate those funds from the general fund reserve into the current fiscal year'08 budget. . De Weerd: Okay. Meridian City Council November 7, 2007 Page 12 of 33 Bird: Madam Mayor? What's the amount, Anna? I think -- I should remember it, but don't. Zaremba: 20,150 dollars, I believe. It was hard to read the record, but I think that's what it says. De Weerd: Yeah. Is that correct, Anna? Canning: That sounds correct. It was 20,000 for the study and, then, I think we added 150 dollars for general copying costs, things associated with producing a study. Bird: Fine with me. Rountree: Madam Mayor? De Weerd: Yes. Rountree: I move that we approve the budget amendment for 20,150 dollars for the Third Street extension and alignment study. Zaremba: Second. De Weerd: Okay. I have a motion and a second to approve the request from the Planning Department. Is there any discussion? Mr. Berg. Roll-Call: Bird., yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. C. Public Works Department 1. Tabled from October 23, 2007: Cooaerative Construction and Reimbursement Agreement for North Black Cat Trunk Sewer with Brighton Development, Inc., Treehaven, LLC, Primeland Development Group, LLC and the City of Meridian: Approved on October 26, 2007 City Council Special Meeting De Weerd: Okay. Item 6-C is our Public Works Department. I will turn this over to Len. Grady: Madam Mayor, Members of the Council, this item was approved in a special meeting October 26th. No additional action is required.. De Weerd: Thank you. Mr. Berg. Meridian City Council November 7, 2007 Page 13 of 33 Berg: Madam Mayor, so it's not confusing, you tabled these items to a date specific. If we go back into minutes and agendas and we try to figure out where the -- what happened to it on this meeting, at least we know that it was approved at our special meeting last -- two weeks ago. Two weeks Friday. De Weerd.: Time flies when you're having fun. Berg: When everybody was out of town. Item 7: Items Moved from Consent Agenda: 7-E. Findings of Fact and Conclusions of Law for Approval: PP 07- 014 Request for Preliminary Plat approval for 34 commercial /retail building lots and 1 common lot on 17.84 acres within the C-G zone for Emerson Park Commercial by Kuna Victory, LLC - 2910 & 3030 South Meridian Road and 110 East Victory Road: De Weerd: Okay. Thank you, Mr. Berg. Okay. There were some items moved from the Consent Agenda. We will start with 7-E -- or 5-E. Bird: Madam Mayor? De Weerd: Yes. Bird.: We received a letter today -- actually, received it the 31st, but we got it today -- from Oaas Laney regarding the findings on Emerson Park Commercial Subdivision regarding the entrance at the north end of the property. They are -- they would like to discuss the condition regarding that. They don't believe the variance is the way to go. They would like that entrance to be left open until the -- De Weerd: Until the very end? Bird': Final plat is done and I -- and they would -- they would -- they have a representative here that would like to talk to us, if we would -- and I would welcome that. Anna I'm sure has got some rebuttal and -- but I don't want to stick somebody with something that, basically, isn't doable. I think we need to look at it at this point and that's my personal opinion. So, whatever the rest of the Council wants to do. De Weerd: Okay. Mr. Attorney. Mr. Nary, what is the process for this one? Nary: Madam Mayor, Members of the Council, what they are really asking you for is a reconsideration of your decision, including this particular -- this particular condition that was placed upon this preliminary plat. If the Council recalls, it was a fairly extensive Meridian city council November 7, 2007 Page 14 of 33 discussion on this one point. You certainly can hear that, but I think you probably need time to digest -- and I hadn't seen this one until tonight. I don't know if Mrs. Canning had seen it before tonight either. It probably would be best if the Council wants to consider what they are asking and the fact that the solution that was proffered at the hearing on this they are saying isn't -- isn't a reasonable or a legal way to accomplish that end,. It might be best just to -- if the Council wished to reconsider that, then, to set it for a new hearing date. And, then, have it come back. And that gives staff time to review what they are asking have them to be available to prepare a response and for Council to not have to make a decision, really, based on a letter that came in today. So, if you accept what they are requesting, that would probably be the best way to go. De Weerd: Mr. Borton. Borton: Madam Mayor, a question for Bill. I don't have a problem with that procedure and going forward with a -- I guess it's an approval of a request to reconsider. I wasn't there on the 23rd. Am I precluded from participating in any reconsideration, avote to whether or not to reconsider and, then, the actual decision? Nary: No. You would only be precluded from making the motion to reconsider. Borton: Got you. Okay. Bird: If that -- if that's the proper way to do it, that we are going to do it, I'm in favor of doing that -- bringing it back and setting it -- would one week, Anna, be okay? Or how full are we for next week? Nary: Next week's the workshop. Bird: Oh, next week -- yeah. That's where we have a workshop. Zaremba: Doesn't it need to be noticed? Canning: Yes, sir. Zaremba: So, that would be at least two weeks, probably. Canning: No. Three usually. Mr. Clerk, can you get it noticed in two weeks or do you need three? Nary: It would be better to set it to the 4th of December meeting, would probably be your best bet, rather than the November 27th when you have the apartments in the north that are going to be heard.. The Selway apartments. Bird: Refresh my memory why we have to re-notice it. Meridian City Council November 7, 2007 Page 15 of 33 Nary: Because it's a new hearing. It's a rehearing. Bird: It's a rehearing. Nary: Right. Canning: The re-noticing is for the benefit of the public that might have come to testify that felt that there was a final decision that now is being reheard. Bird.: Okay. De Weerd: Okay. Zaremba: As I recall, Madam Mayor and Mr. Nary, the motion actually has to be made by somebody who voted with the majority? Nary: Correct. Zaremba: I don't remember how I voted. I think I voted aye.. Nary: Actually, I believe there was not -- I don't believe there was -- Rountree: It was unanimous. ' Bird.: It was unanimous. Zaremba: In that case,. if we are ready, Madam Mayor, I would move to reconsider this and set it for our agenda of December 4th. Rountree: Second.. De Weerd: Okay. I have a motion and a second to consider the reconsideration. Any discussion? Okay. Mr. Berg -- well, I will ask the roll call. . Canning: Madam Mayor, Members of the Council, Counselor Nary, don't -- doesn't the reconsideration usually have to get on the agenda or is it okay that that not be on an agenda? De Weerd: It is for the reconsideration. Nary: Are you saying does a formal request for reconsideration need to be noticed on the agenda? Meridian City Council November 7, 2007 Page 16 of 33 Canning: Yes. Nary: No. Because -- it doesn't, because they have submitted a letter, the Council does have it, the public will have an opportunity to rehear it. Canning: Okay. Nary: So, I'm not concerned about the -- Bird: We never have had to do that. De Weerd: I think we have done it both ways. Nary: If we have them in advance we notice them on the agenda. We didn't happen to have that here, so -- Canning: Okay. De Weerd: Okay. Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Boston, yea. MOTION CARRIED: ALL AYES. 7-G. Findings of Fact and Conclusions of Law for Approval: AZ 07- 006 Request for Annexation and Zoning of 94.69 acres from RUT to a C-G zone for Pinebridge by Stanley Consultants -south of East Fairview Avenue, east of North Locust Grove Road and west of North Eagle Road: 7-H. Findings of Fact and.Conclusions of Law for Approval: RZ 07- 010 Request for a Rezone of 75.67 acres from I-L and L-O zones to a C-G zone for Pinebridge by Stanley Consultants -south of East Fairview Avenue, east of North Locust Grove Road and west of North Eagle Road: 7-I. Findings of Fact and Conclusions of Law for Approval.: PP 07- 008 Request for Preliminary Plat approval of 61 building lots and 21 common lots on 170 +/- acres in a proposed C-G zone for Pinebridge by Stanley Consultants -south of East Fairview Avenue, east of North Locust Grove Road and west of North Eagle Road,: Meridian City Council November 7, 2007 Page 17 of 33 7-J. Findings of Fact and Conclusions of Law for Approval: VAR 07-007 Request for a Variance Application for two access points to North Eagle Road for Pinebridge by Stanley Consultants -south of East Fairview Avenue, east of North Locust Grove Road and west of North Eagle Road: De Weerd: Okay. Thank you. Okay. We also had Items G, H, I and J pulled to the regular agenda off the Consent Agenda. Anna. Canning: Madam Mayor, Members of the Council, the applicant for the Pinebridge project called me today and one of the -- to note an error in the Findings. One of the discussions during the hearing had been to tie one of the conditions to certificate of occupancy, rather than certificate of zoning compliance and the applicant had raised the request and there was no discussion on it, so when it came time to do the Findings we did not make that change. Staff is not concerned with the change. It would be to condition 1.2.10, which currently reads: Pine Avenue shall be extended to Locust Grove Road prior to issuance of any certificate of zoning compliance as per buildings that would require access from Pine Avenue. And, again, the request is to change that to C of O, instead of certificate of zoning compliance. And we had discussed this with the applicant and although it's not our favorite thing to do, we were okay with that change. So, that's why we pulled them off the Findings. The motion was to approve with staff, applicant comments, so it's certainly a reasonable interpretation that it should have been caught prior to this, but -- with that I'll answer any questions you may have. De Weerd: Thank you, Anna. Any questions by Council? Bird: I have none. De Weerd.: Okay. Do I have a motion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve the revised Finding as agreed upon by staff and the applicant for Items 5-G, 5-H, 5-I and 5-J for Pinebridge. Rountree: Second.. De Weerd: Okay. I have a motion and a second to approve these items with the change as noted.. Any discussion? Okay. Mr. Berg, was that clear enough? Canning: Yes, ma'am. I did want to say that we did get revised Findings over to the clerk earlier today, so he should have those available for Council. Meridian City Council November 7, 2007 Page 18 of 33 De Weerd: Okay. Thank you. Berg: Thank you, Madam Mayor. I will check that out before we sign any documents and send them out. Roll-Call.: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. 7-S. Budget Amendment for Stormwater Program and a New Line Item in the amount of $75,000 for FY 2008: De Weerd.: Okay. Item S was also removed from five to seven. Bird.: Madam Mayor? De Weerd: Yes, Mr. Bird.. Bird: We removed that, because I want somebody to tell me what -- what the amount is on that. Have you guys all looked at the amount? Grady: That amount is a metric -- a metric number. Madam Mayor, Members of the Council, the number should be 75,000 U.S. dollars. De Weerd: Not pesos. Okay. Mr. Bird, was that the clarification you were asking? Bird.: That's all we needed. Len, did you have anything else you wanted to say? Grady: No. Just if you're looking for a quick blurb on it, it's -- it's basically to make sure we are in compliance with our NPDS permits storm-water discharges, that type of stuff, so -- De Weerd: I think he was just trying to give someone a hard time. Bird: No. No. The finance department had talked to me this morning and asked me to pull this off and get on the public record what the amount was. It is 75,000. Zaremba: Madam Mayor, I would comment that on the supporting paperwork it is written accurately. Bird: Yeah. Zaremba: It's a typo here and I agree with making sure that a correction is noted.. Meridian City Council November 7, 2007 Page 19 of 33 Bird.: People don't see our backup. Zaremba: That's right. Bird: The public sees this. I would move, Madam Mayor, if there is no more discussion, that we approve the budget amendment for storm-water program, a new line item in the amount of 75,000 for fiscal year 2008. Rountree: Second. De Weerd: Okay. I have a motion and a second to approve this item. Mr. Berg, will you call roil. Roll-Call.: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 8: Tabled from October 23, 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 Jayker Subdivision No. 1 by Treehaven, LLC - 4042 West Chinden Boulevard: De Weerd: Okay. Item 8 is a final plat for 07-026. Anna. Canning: Madam Mayor, Members of the Council, this item was also approved on the October 22nd, 2007, City Council special meeting and no further action is required. De Weerd.: Okay. Council, do I have a motion? Zaremba.: Madam Mayor, I move we take no further action. Rountree: We already approved it. Move we go to Item 9. Item 9: Tabled from October 23, 2007: FP 07-032 Request for Final Plat approval for 192 multi-family units on 48 building lots and 1 common lot on 13.99 acres in an R-15 zone for Canterbury Commons Subdivision by Canterbury Commons, LLC - soufih of West Pine Avenue and east of North Ten Mile Road: De Weerd.: And there you go. Item 9 is requested to vacate. Bird: Madam Mayor? Meridian City Council November 7, 2007 Page 20 of 33 De Weerd: Yes, Mr. Bird. Bird: I move we vacate FP 07-032 from the agenda. Rountree: Second.. De Weerd: Okay. I have a motion and a second. Zaremba: Madam Mayor? De Weerd: Yes. Zaremba: A clarification. We are not tabling it to another date, we are just -- De Weerd: Vacating. Bird: They want it vacated. Zaremba: Dropping it. Okay. Thank you. De Weerd: Okay. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 10: MFP 07-006 Request for Final Plat Modification of the approved fencing for Messina Meadows Subdivision No. 1 by Tuscany Development, Inc. - Eagle Road approximately'/2 mile north of Amity: De Weerd: Item 10 is MFP 07-006. Staff. Canning: Madam Mayor, Members of the Council, this is a final plat modification for Messina Meadows No. 1. The issue before you tonight is that the applicant requests to remove the requirement to construct five foot vinyl fencing adjacent to Lots 1 through 3, Block 13, Lots 1 through 4 in 14 -- Block 14 and Lots 2 through 5, Block 16, and Lots 2 through 6, Block 17. And, basically, these are all interior lot lines that will have other portions of Messina Meadows. As future phases develop those fences will be built by the homeowners as they move into those homes. So, they are all interior lots of the subdivision and will be adjacent to future platted lots. The UDC does not have a requirement to construct fencing adjacent to interior lots lines, it was just proposed as part of their original preliminary plat. They are asking for costs considerations to remove that requirement at this time. The other portion of the request is they would like to revise -- revise the approved landscape plan to install attractive mailbox structures at the location shown here with the red circles, instead of approved three foot tall gates with trellises. That was their amenity before. The mailbox structures will be constructed Meridian City Council November 7, 2007 Page 21 of 33 out of decorative stone, stucco around the mailbox, and an asphalt shingle roof with exposed truss and a bench as shown. So, staff is recommending approval. The final plat still substantially complies with the approved preliminary plat and the requested modifications meet or exceed the intent of the original proposal. These are quite attractive, as you can see. So, with that I will answer any questions you may have. Oh, we do have a letter from the applicant stating they are in agreement with the conditions of approval. De Weerd: Okay. Thank you, Anna. Council, any questions? Rountree: I have none. Bird: I have none. De Weerd: Okay. Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: I move that we approve item 10 MFP 07-006. Rountree: Second. De Weerd: Okay. I have a motion and a second to approve Item 10. If there is no discussion., Mr. Berg -- I'll call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRfED: ALL AYES. Item 11: Public Hearing: RZ 07-015 Request for a Rezone of .28 of an acre from an R-8 residential zone to an O-T zone for 6th and Broadway Property by Linda Loehr - 532 East Broadway Avenue: De Weerd: Okay. Item 11 is Public Hearing on RZ 07-0115. I will open this Public Hearing with staff comments. Canning: Madam Mayor, Members of the Council, this is the 6th and Broadway property project. It's actually located at 532 East Broadway Avenue. And the application before you tonight is a rezone. The rezone is of .28 acres from an exiting R- 8 to OT. It is within the OT designation on the Comprehensive Plan. Or the Old Town designation. The applicant is requesting the rezone so that a new two story four-plex can be constructed on the site. Under current code multi-family developments are not Meridian City Council November 7, 2007 Page 22 of 33 permitted uses within the R-8 zoning district, so they would need to obtain the Old Town zoning designation. This is the proposed site plan. And, then, these are the proposed elevations. Due to the small size of the subject property and the applicant's intent to improve the subject site, staff did not feel that a DA was appropriate in this instance. We do have the elevations you see. This -- by rezoning to Old Town, it would be subject to the Old Town design guidelines. Staff has gone through those and recommended a number of changes to make it more in compliance with that. They include shifting the buildings to allow more turning radius into the rear parking of the alley. Oops. Sorry. There you go. And parking stalls three and four should be relocated towards the alley. Again, these are all things that we would deal with when a certificate of zoning compliance came through, but I just wanted to let you know these were some of the concerns. Staff is concerned about parking stall number eight being so close to the 6th Street alley intersection. And that's right here. It should be shifted to be next to the parking stalls number one and two as previously stated and, then, more articulation should be shown on the front facade along 6th Street. Particularly staff had suggested that units one and four, the ones on the end, should shift forward, so that they are built to the back of the sidewalk on 6th Street. The shift also provides a screen for the parking areas and adds modulation to the front facade. There still are some other questions about the amount of windows and things like that. We will have to work with the applicant when they actually come in for a CZC. The Commission did recommend approval at their October 4th, 2007, Public Hearing. Linda Loehr, the property owner, spoke in favor, as did Dennis Loosli, the applicant's representative. John Cole spoke in opposition. No one commented, but we did have written testimony, which was one letter in opposition from Mrs. Cole and neighbors. There were no key issues of discussion by the Commission, nor any key changes to staffs initial recommendation. That outstanding issue for City Council is the neighborhood opposition and we have received no additional written testimony since the staff report. And with. that I will answer any questions you may have. De Weerd: So, Anna -- I'm sorry, these are really ugly. What are our requirements for Old Town? And -- I mean do we have anything in materials or -- as you stated, there is a concern with the windows and just the presentation. So, I guess I can understand the neighbors' concern about this -- this building. Canning: Madam Mayor, Members of the Council, the Old Town design guidelines do address more commercial looking properties, but they do allow pitched roofs for residential and that's about the only distinction they make for residential is to allow some pitched roofs. I'm not sure what else to tell you, you know, I think that there are some concerns about making these fit with the design guidelines. I have seen others that were able to come in with a more modern look with their townhouses to make them fit that -- those guidelines and definitions. You know, it was a lot more windows than what we are seeing here. It's really -- those design guidelines are geared toward retail establishments on the ground floor and office uses so something similar to that on the upper floor, So, they would still be subject to the design guidelines. Meridian City council November 7, 2007 Page 23 of 33 De Weerd: Have we -- is this in the Old Town designated area that the Urban Renewal District would comment? Canning.: No. I believe it's outside that. De Weerd: Has the MDC talked about residential and desired look? Canning.: I have not heard them speak of anything at this point. This is at the very edge of the Old Town designation. The properties on the other side of the street are not designated Old Town, I believe. I can look that up, except the map is folded up over Old Town and I'm not that tall. Maybe the tall man sitting next to me can fold that back for me. Yeah. I believe this is right at the edge. So, I can look that up. Bird: It is. I think 4th Street is -- Canning: Yeah. We are working on residential design guidelines. Will they be in place before they are ready to get their certificate of zoning compliance I'm not sure. If we determine that the elevations are not consistent with the design guidelines, they are required to get conditional use approval from the Commission. So, it would be a application. De Weerd: Council, any other questions for staff? Zaremba: Madam Mayor? De Weerd: Yes. Zaremba: And Director Canning, if I remember from the packet materials, one of the adjoining properties is already afour-plex. Do we know what that looks like? Canning: I do not have pictures of that. I'm sorry. Zaremba: Okay. Canning: I'm pretty sure t don't anyway. No. Iran out of pictures. De Weerd: Well, Anna, I guess when these come up it would be helpful to have pictures. You know, we are not necessarily supposed to go out there and -- Canning: For the surrounding neighborhood? De Weerd: Uh-huh. Meridian City Council November 7, 2007 Page 24 of 33 Canning: Do you mean only in Old Town or in general? De Weerd: I think as these in-fill pieces come in I think that would be necessary. Canning: I think -- I will pass that along to staff. I know that you used to get a lot more pictures of properties and we can start doing that for in-fill projects in particular. De Weerd: Okay. Is the applicant here? Oh, the applicant's not here. Bird: It's their hearing and they are not here? Rountree: That makes the motion real easy. De Weerd: Mr. Berg, were they notified? I would imagine they were. Just can we get verification of that? Berg: Madam Mayor, I cannot tell you for sure that they were notified, but we do have a photo of their posting the property that said November 7th, so, hopefully, somebody that's connected with this project posted the property. A nice colored one. But I cannot tell you if my office did call them. We were concerned with the issue in the past week and I can't tell you which person even would have called them, because it was passed between a couple of people to get -- De Weerd: They had to post their own property, so I -- that would be a good assumption that they knew the date. Council, this is a Public Hearing. Is there anyone who was here to provide testimony on this application? Okay. Council, what would you like to do? Rountree: Madam Mayor? De Weerd.: Mr. Rountree. Rountree: I move that we close the Public Hearing on Item 11. Bird: Second. De Weerd,: Okay. I have a motion and a second to close the Public Hearing on this item, Item 11. All those in favor say aye. All ayes. Motion carried.. MOTION CARRIED: ALL AYES. Rountree: Madam Mayor, I make a motion that we deny their requested rezone for Item 11, based on the lack of achieving any degree quality that we are trying to strive for in Meridian City Council November 7, 2007 Page 25 of 33 the City of Meridian,. the lack of the applicant's interest to attend the Public Hearing., and the lack of the public to attend Public Hearing. De Weerd.: Okay. Rountree: All of that in the motion. De Weerd: Do I have a second? Gorton; Second. De Weerd: I have a second. Okay. Any discussion? Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Would the maker of the motion want to include that it's not in the best interest of the city, they haven't provided any other renderings of the neighborhood and whether the development would be in conformance with the neighborhood concerns that were addressed? Rountree: Typically we would include the testimony that's been received and that's been stated by staff. Nary: That's what I thought you had, but I just wanted to be sure that was included as part of what your motion was. Rountree: I agree. Nary: Thank you. De Weerd: Thank you, Mr. Attorney. I'm sure that's what the second was intending, too. Gorton: Exactly. Thank you. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: On the chance that they might bring this back, do we want to suggest that they do provide., one, a neighborhood meeting and, two, photos of the neighborhood Meridian City Council November 7, 2007 Page 26 of 33 and a better representation of a prettier building? We usually need to recommend how they could remedy the denial. Nary: Not on a rezone. Zaremba: Okay. De Weerd: Okay. Zaremba: I didn't say anything.. Nary: But it's all part of the record. It's fine. It's not required. De Weerd.: Okay. If there is no further discussion, Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 12: Public Hearing: SHP 07-007 Request for Short Plat approval for 3 condominium units in 1 building in a C-G zone for Bonito Lot 15 Condominium by Dave Evans Construction - 2971 East Copper Point Drive: De Weerd: Okay. Item No. 12 is SHP 07-007. Interesting looking one. Canning: Madam Mayor, Members of the Council, this is a short plat for Benito Lot 15 Condominium. It's located 2971 East Copperpoint Drive, which is west of Eagle and south of Overland. It's in the Winston Moore project there. The application is a short plat. The applicant Dave Evans Construction has applied for short plat approval of three condominium units within one building 0.178 acres in a C-G zone for Sparrow Hawk Condominiums on Lots 12 and 15, Block 1, of Bonito Subdivision No. 3. A building permit has been issued and the building is currently under construction. Staff is recommending approval and the subject property meets all requirements for a short plat. The applicant has provided a written agreement with the conditions of approval and to our knowledge there are no outstanding issues before City Council. This is a Public Hearing. They haven't normally been in the past, but these are public hearings for you now, so that's why you got a different presentation. De Weerd: Okay. This is Public Hearing. Is there anyone in the public who would like to provide testimony on this item? Okay. Canning: For the record, the applicant is here, but since he's provided an agreement -- aletter stating he's in agreement -- Meridian City Council November 7, 2007 Page 27 of 33 De Weerd: That's good for the record to note. Rountree: We like you to be here. De Weerd.: As you have seen. It's important. Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: If there is no public comment or testimony, I move that we close Item No. 12. Bird: Second. De Weerd: Okay. I have a motion and a second to close the Public Hearing on Item 12. All those in favor say aye. All ayes. Motion carries. MOTION CARRLED: ALL AYES. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree.: I move we approve Item 12, short plat SHP 07-007. Bird: Second. De Weerd: Okay. I have a motion and a second to approve Item 12. Mr. Berg. Roll-Call.: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 13: Canvassing the Votes for City General Election: De Weerd: Okay. Thank you. Item 13 to canvass the votes for the city general election. I will ask Mr. Berg to introduce this. Berg: Thank you, Madam Mayor. It will hopefully be fairly short presentation, since the night was very long for me and some others. Before you have the results of the tabulations of the paper ballots that we counted last night, these -- some of these have been checked over again and this should be the final tally of the ballot. We do have the Meridian City Council November 7, 2007 Page 28 of 33 poll books and the tally books for your examination if you wish and I can sure pass those down there, see if your name is still signed when you did vote last night. And from that, if there is any other questions, I sure can answer those. We are also discussing something about many registered voters we do have in the city. As of October 14th we had 27,034 registered voters. I believe we are probably pretty close to 500 same day registration for yesterday. I'm not saying that that might be because they moved or whatever the case maybe, if it took away some of the registered voters that were already registered.., but as you can see our city is growing. That's up 3,000 from two years ago of registered voters. De Weerd: Okay. Council, any comments, questions for Mr. Berg? Rountree: Madam Mayor, the only comment I have still can't come up with an explanation of the discrepancy between the votes cast -- our votes counted and the ballots cast in precinct 801. Somewhere somehow 400 folks did not vote, yet they cast a ballot orthey -- Berg: Madam Mayor, I will address this that -- Councilman Rountree, you have the right to put an X on your ballot or leave it blank. Rountree: I understand that. Berg: And for whatever reason, the combinations that people came up with of who they voted for or did not vote for or put an X on the blank line, I do not have a reason how they did that. But if they were issued a ballot, the ballot was cast. They may not have voted for a person. And as to the statute, there are no write-ins counted unless they are declared write-in as of October 23rd and they have to comply with the campaign finance laws as all the other candidates do. Rountree: I mean it was a terribly complicated ballot. Berg: Yes, It was. Rountree: Four squares. Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. Zaremba: As a rookie who has now gone through his first successful election, I wouldn't mind a description of is there a committee that counts the votes or does Will have to count every one of them himself or what's the process for actually the paper ballots and converfing them to these numbers? Meridian City Council November 7, 2007 Page 29 of 33 Berg: Madam Mayor, Members of the Council, the ballots -- the paper ballots are counted at each polling place by the judge and clerks assigned to that polling place that day. So, they actually issue the ballots, take in the ballots, and, then, after the polling place is closed they count the ballots. This will probably -- oh, can't say that. Zaremba: Then they report that to you? Berg: And, then, they report that to me. Zaremba: Okay. Berg: After they do (heir checking and double checking and there is a formula on the front of the poll book that does the calculation of the ballots that they issue, the ballots that were cast, the ballots that were spoiled, the absentee ballots, so it goes through a process of them making sure that they account for all the ballots that they are counting and have to be responsible and accountable for. In this -- in this new age of voting, the county is going to an optical scan, which will be hopefully distributed to the cities in two years after they work out all the bugs next year and so those things will probably be used for the city elections in Ada County. But it's no touch right now. Zaremba; Thank you. De Weerd.: Thank you. Any other questions for Mr. Berg? Rountree: Another one out of the way. Berg: Do I have so many to go through? De Weerd: Okay. So, also for the process, will you explain, then, what Council is asked to do at this point. Berg: Yes. Madam Mayor, actually canvassing is actually approving the results of the election. You have the ability to look through the poll books or the tally list. If we did some other punch cards, as we did a few years ago, you would look through the printouts that Ada County would have given me about the punch cards. So, it's actually you looking through the process and making sure that -- I won't say you agree with the results, but you are okay with the process and have to approve the results. De Weerd.: Okay. Borton: Madam Mayor? De Weerd: Mr. Borton. Meridian city Council November 7, 2007 Page 30 of 33 Borton: No. Councilman Rountree. Rountree: Typically, we have looked at the poll books. Berg: I can sure -- Rountree: Just give them a quick scrutiny and if you folks want to do it tonight, great and if you want to wait, fine. But I'd just as soon get it out of the way. Borton: Sure. Bird: Madam Mayor? De Weerd: Yes. Bird: While we are looking through the poll books, you know, I -- I think it's -- it is a sad day when you have probably close to 28,000 registered voters and you only get about -- well, there was 4,100 that voted in the Mayor's race, which was the only contested race. think it's sad. You young kids out there, when you turn of age to vote, make sure you go out there and vote. There are a lot of young -- there is a lot of young men that are today and have since the inception of the United States left a lot of blood on the soil, so that we could do this. So, make sure you get out and vote. I have -- I have never missed -- I have never missed an opportunity to vote, because I figured if I didn't vote I don't have the right to complain and I like to complain. Rountree.: Amen. De Weerd: Amen, brother. Bird,: But, anyway, just remember that. The sad part of it is it is the young people, the young families that we affect the most that aren't getting out and voting. De Weerd: And I think you young men are here earning a citizenship badge and., certainly, this has a lot to do about citizenship, exercising your right to vote and I find it amazing that in city elections the turnout for city elections is rather low and at the local level, you know, we are the closest to the people and we have -- we affect your life every day from the roads you drive on, from where your house or the businesses are placed, to when you take a shower and that water runs down the drain. Those are all services that are affected by the local leaders and it's important to be involved at the local level. So, I, too, join my voice with Mr. Bird in stressing the importance of getting out and voting. And he does like to complain. Okay. Zaremba: Madam Mayor? Meridian City Council November 7, 2007 Page 31 of 33 De Weerd: Yes. Zaremba: I would ask a question about -- I guess our preparations for the future, at the place where I went to vote, the place was pretty busy at the time that I went and asked people who had gone earlier ad those who had gone later and they said it was pretty steady and pretty busy all day. Are we in the future sometime going to split up any of the precincts and perhaps more -- have more polling places? Is that on the horizon? Borton: Madam Mayor? De Weerd: Yes. Borton: If I could -- if I could field that, only because it is a topic that -- that has come up and I think what we might do this spring -- maybe it starts in a workshop format -- is have us all bounce around those kinds of ideas, maybe January or February, issues as far as how the actual voting process takes place, where the precincts are located, should there be more, and put every idea out on the table. Whether or not there is any changes made at all, maybe not. But I think your question's right on the money to try to make it as convenient for our growing city and to the people. But I expect that we will all talk about it in short order. Zaremba: Thank you. De Weerd: I guess, Council, what I'd like to do is have maybe Mr. Berg, after the dust settles, come back with a -- maybe a plan for Council on how we will approach the next election in two years and any budget ramifications that it might have, to see what you would like to -- what he recommends and what you would like to fund by the end of the year. Mr. Berg, does that work? Berg: Uh-huh. De Weerd.: Okay. Did you vote? Rountree: I'm in here. De Weerd.: Okay. Anything else, Council? Bird.: I have none. Rountree: Do we need a motion to approve the election results? De Weerd: Uh-huh. Yes, sir. Borton: Madam Mayor? Meridian City Council November 7, 2007 Page 32 of 33 De Weerd: yes, Mr. Borton. Borton: I move that we approve the election results from the City of Meridian general election on November 6th, 2007. Bird: Second. De Weerd: Okay. I have a motion and a second to approve the election results. Any discussion? Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 14: Executive Session per Idaho State Code 67-2345(1)(fl - (to consider and advise its legal representatives in pending litigation): De Weerd: Item 14 is an Executive Session per Idaho State Code 67-2345(1)(f). I need a motion to adjourn into Executive Session. Bird: Madam Mayor? De Weerd: Mr. Bird.. Bird: I move we adjourn into Executive Session as per Idaho State Code 67-2345(1)(f). Rountree: Second. De Weerd: Okay. I have a motion and a second. Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. EXECUTIVE SESSION: Borton: Madame Mayor? De Weerd: Mr. Borton. Borton: I move we come out of Executive Session. Zaremba; Second. Meridian City Council November 7, 2007 Page 33 of 33 De Weerd: It has been moved and seconded to come out of Executive Session. All those in favor say aye. MOTION CARRIED: ALL AYES Borton: Move to adjourn. Rountree: Second.. De Weerd: A motion and a second to adjourn. All those in favor say aye. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 9:31 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: ~i' G~~~ MAYO TAMMY WEERD TAO ~\ ~~TE _ v~ ~ W I ~~ ~~ ~' Q, \~. l~ / 2~/ 07 DATE APPROVED IAM G. BERG JR., ~'ITY'CLERK