HomeMy WebLinkAbout2008 03-04Meridian Cit Council Meetin March 4 2008
A meeting of the Meridian City Council was called to order at 7:29 p.m., Tuesday, March
4, 2008, by Mayor Tammy de Weerd.
Members Present: Mayor Tammy de Weerd, Keith Bird, Charlie Rountree, Joe Barton,
and David Zaremba.
Others Present: Bill Nary, Ted Baird, Will Berg, Jaycee Holman, Anna Canning, Tracy
Basterrechea, Bill Johnson, Thomas Barry and Dean Willis.
Item 1: Roll-call Attendance:
Roll call.
X David Zaremba X Joe Borton
X Charlie Rountree X Keith Bird
X Mayor Tammy de Weerd
De Weerd: Okay. I'll ga ahead and call tonight's meeting to order. Thank you all for
joining us this evening. For the record, it is Tuesday, March 4th. It's a few minutes after
7:00 o'clock. We will start tonight's meeting with roll call attendance.
Item 2: Pledge of Allegiance:
De Weerd: Okay. Item No. 2 is the pledge of allegiance. Tonight we will be led in the
pledge by Mountain View High School's wrestling team. If you will come forward and
the rest of us all rise.
(Pledge of allegiance recited.)
Item 3: Community Invocation by Will Berg.
De Weerd: I don't know if we have been led in the pledge with such energy, so thank
you. It's always a nice way to start off the meeting. Okay. Item No. 3 is the community
invocation. Tonight we will be led in the community invocation by Pastor Steve Moore.
And I don't see him. So, our typical fill in is Will Berg. If you will all join us in the
community invocation or take this as a moment -- an .opportunity for a moment of
reflection.
Berg: If we could take a moment and reflect on same thoughts for this community.
Heavenly Father, we are so grateful to be a citizen and a member of this community of
Meridian. We are so thankful for the leaders that are provided for us. Give them the
wisdom and the encouragement to make those decisions that need to be made for the
Meridian City Council
March 4, 2008
Page 2 of 52
betterment of this community. Lord, we want to thank you for our community as a
whole, for all the parts and pieces that build this thing together to make it such a great
community. We also want to thank all those people that are striving and protecting our
nation. We want to bless this community. We want to thank you far making us a living
part and we also want to remember the sacrifice that you gave to us, in your precious
name, amen.
Item 4: Adoption of the Agenda:
De Weerd: Thank you. We appreciate your flexibility, Will. Item No. 4 is adoption of
the agenda.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: We have some items that need to be identified within the Consent Agenda.
Item G, the resolution number will be 08-598. Item H the resolution number will be 08-
599. Item I the resolution number will be 08-600. And on the regular agenda, Item 18 is
an ordinance and the ordinance number will be 08-1352. And with that I move that we
adopt the agenda with those items added.
Bird: Second.
De Weerd: Okay. I have a motion and a second to adopt the agenda as stated. All
those in favor say aye. All ayes. Mation carries.
MOTION CARRIED: ALL AYES.
Item 5: Consent Agenda:
A. Approve Minutes of January 22, 2008 City Council Regular
Meeting:
B. Flndings of Fact and Conclusions of Law for Approval: VAR
07-017 Request for a Variance to UDC 11-3H-4 that prohibits new
approaches from directly accessing a state highway to allow 3 right-
in /right-out access points on both sides of State Highway (SH)
55/Eagle Road and 1 full access paint to State Highway 55/Eagle
Road located on the east side of SH 55/Eagle Road for Meridian
Town Center by CenterCal Properties, LLC -Northwest Corner
and Northeast Corner of North Eagle Road and East Fairview
Avenue:
Meridian City Council
March 4, 2008
Paga 3 of 52
C. Findings of Fact and Conclusions of Law for Approval: AZ 07-
013 Request for Annexation and Zoning of 4.92 acres from Ada
County RUT to an R-4 zone far Matador Subdivision by Equity
Development - 1235 East McMillan Road:
D. Findings of Fact and Conclusions of Law for Approval: PP 07-
017 Request for Preliminary Plat approval for 16 single-family
residential lots and 3 common lots on 4.92 acres in a proposed R-4
zone for Matador Subdivision by Equity Development - 1235 East
McMillan Road:
E. Findings of Fact and Conclusions of Law for Approval: AZ 07-
011 Request for Annexation and Zoning of 6.84 acres from RUT to
an R-4 Medium Low-Density Residential zone for Belhaven
Subdivision by Pole Creek Properties, Inc. - 5230 North Black
Cat Road:
F. Findings of Fact and Conclusions of Law for Approval: PP 07-
016 Request for Preliminary Plat approval for 16 single-family
residential lots and 5 common lots on 6.$4 acres in a proposed R-4
zone for Belhaven Subdivision by Pole Creek Properties, Inc. ~-
5230 North Black Cat Road:
G. Resolution No. 08-598 CPA 07-002 Request to
amend the Comprehensive Plan Future Land Use Map far the
south Meridian area to expand future land uses designations to
include the land east of McDermott Road south to Lake Hazel Road
and '/2 mile east of Linder Raad south to %2 mile south of Columbia
Road, east to '/4 mile west of Cloverdale Road; the proposal
includes the amendment of Medium High Density Residential as
recommended by the Planning and Zoning Commission as well as
the following additional amendments recommended by Meridian
Planning Department Staff: re-designation of the area at the
intersection of Meridian and Lake Hazel Roads recommended for
Mixed Employment to Mixed Use Regional; amending the study
area boundary in the area south of Columbia and east of Locust
Grove Roads and re-designating the area south of Columbia and
east of Locust Grove Roads and re-designating the area from
future area planning area to Low Density Residential for South
Meridian Area Comprehensive Plan Amendment by the City of
Meridian Planning Department:
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March 4, 2008
Page 4 of 52
H. Resolution No. 08-599 CPA 07-009 Request for a
Comprehensive Plan Text Amendment to: add Medium High
Density Residential to the Land Use Chapter of the Plan; include
residential uses in neighborhood centers and amending the text of
the Mixed Use Regional Designation as recommended by the City
of Meridian Planning Staff for South Meridian Area by City of
Meridian Planning Department:
I. Resolution No. 08-600 CPA 07-013 Request for a
Com rehensive Plan Amendment to modify the Future Land Use
Map to change four nodes with land use designations of Light
Industrial to Commercial, two nodes from Commercial to Light
Industrial and one Wade from Light Industrial to Public /Quasi
Public far a future school site. The amendments are intended to
bring the City's Future Land Use Map into conformance with the
City's Zoning Map. An additional request is to remove the Urban
Service Planning Area (USPA) designation from the map legend
and replace it with the Area of City Impact (AOCI) Boundary by the
City of Meridian Planning Department -two parcels north of
Northwest 10th Place and west of Taylor Street; north of East
Franklin Raad and east of Taylor Street; two parcels north of East
Overland Road and east of South Teare Avenue; east of South
Locust Grove and north of East Overland Road; two parcels
northwest corner of North Eagle Road and East Lanark Street; six
parcels west of North Eagle Road and north of East Florence
Street; three parcels west of North Eagle Raad and south of East
Florence Street; Paddington and Elliott Park Subdivisions south of
East Wilson Lane and east of North Locust Grove Road:
J. Approve Agreement with Parks and Recreation Department for
Park Facility Use License Agreement for Food Concession
Sales in Settlers Park with Meridian Police Activities League:
De Weerd: Item 5 is the Consent Agenda.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: As just Hated, but I'll repeat far the record, within the Consent Agenda Item G
is resolution 08-598, Item H is resolution 08-599, and Item I is resolution 08-600. And
with that I move that we adopt the Consent Agenda and for the Mayor to sign and the
Clerk to attest.
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March 4, 2008
Page 5 of 52
Bird: Second.
De Weerd: Okay. I have a motion and a second to approve the Consent Agenda. Is
there any discussion? Hearing none, Ms. -- Madam Clerk.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea.
MOTION CARRIED: ALL AYES.
Item 6: Department Reports:
A. Mayors Office
1. Proclamation for Mountain View High School Wrestling
Team Dav:
De Weerd: Okay. Item 6 under Department Reports. Tonight we have with us the
Mountain View High School wrestling team. They are state champs. We always like to
take the opportunity to recognize our student athletes and academic performers when
they win this kind of a title and so we appreciate you being here tonight. I do have a
proclamation to read and, then, I will ask all of you to come forward to -- so I can
present it to you and your coach. Maybe at that time we can have an opportunity to
have you introduce yourself, maybe talk about where you are in school and your
competition and class weight things and everything else. Now, my dad was a wrestling
coach, so I should know the terminology and lingo, because we kind of hung out with
bays as we were growing up like yourself, but I think that was a little while ago and I
have forgotten. But we, again, welcome you and appreciate you being here tonight.
So, our proclamation. Whereas the City of Meridian recognizes and commends the
Mountain View High Schaol wrestling team for having an outstanding season and
whereas the team won the 5-A high school wrestling championship on Saturday,
February 23rd, 200$, and whereas this team was also presented with the academic
state championship trophy and whereas Coach Cliff Laughlin was honored as the 5-A
coach of the year and whereas the Mayor and City Council of the City of Meridian
acknowledges the accomplishments and efforts of this team, coaches, trainers, athletic
director, cheerleaders, students, faculty, parents, boosters, and supporters, therefore, I,
Tammy de Weerd, Mayor of the City of Meridian, do hereby proclaim Thursday,
February 28, 2008, as Mountain View High School wrestling team day in the City of
Meridian in recognition for the successes of the Mountain View High School wrestling
program this season. We would like to congratulate you and ask you to, please, come
forward. I promise we won't make you sing. But perhaps we can have you introduce
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March 4, 2008
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yourselves, your grade level, your competition and weight level and, then, I will present
this to the team and your coach.
Packard: Hi. I'm Holden Packard. I'm a sophomore. And wrestled at 112 and I was
state runner up.
Sigler: Hi. Nick Sigler. I'm a freshman at Mountain View. I wrestle 125 and -- yeah.
Roberts: I am Beau Roberts. I'm a freshman. And I wrestle 103 pounds and I got
fourth at state.
Brady: I'm Dana Brady. I wrestled 130s and I'm a sophomore.
Kaus: I'm Reed Kaus and I am the 189 pound state champion.
Colbert: I'm Dan Colbert and I was state runner up and All American
Batons: I'm Drew Belton-Smith. I wrestle 215 and I'm a senior and -- yeah.
Brady: I'm Josh Brady. I'm a senior and I wrestled at 152.
Ryan: I'm Jason Ryan, assistant coach and teacher at Mountain View.
Laughlin: I'm Cliff Laughlin, the head wrestling coach at Mountain View High School
De Weerd: Well, we'd like to honor your achievement for you and your team and
congratulate you and look forward to seeing some of you back next year as state
champions returning. Congratulations again. Coach, would you like to say a few
words?
Laughlin: Yeah. It was easy to win state this year with these fine young men leading
the way. A lot of them couldn't be here tonight because they postponed things through
the season, driver's ed and other commitments that they have now and we ended up
taken 20 wrestlers to the state tournament and they are all fine young men and this
community ought to be real proud of them.
Item 7: Items Moved from Consent Agenda:
De Weerd: Thank you for joining us. And certainly we don't expect you to sit through
the rest of our meeting. Okay. Council, there were no items moved from the Consent
Agenda.
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March 4, 2008
Page 7 of 52
Item 8: Continued Public Hearing from February 19, 2008: AZ 07.018
Request for Annexation and Zoning of 9.764 acres from RUT to C-C zone
for Settler's S uare Su division by Seagle Three, LLC - 870 West
Ustick Road:
Item 9: Continued Public Hearing from February 19, 2008: PP 07-024
Request for a Preliminary Plat with 12 commercial building lots and 2
common lots on 9.764 acres in a proposed C-C zone for Settler's S uare
Subdivision by Seagle Three, LLC - 870 West Ustick Road:
De Weerd: So, we will move into our regular agenda. A continued Public Hearing from
February 19th, AZ 07-018 and continued Public Hearing from February 19th, PP 07-
024. I'll start with staff comments.
Canning: Madam Mayor, Members of the Council, this is the Settler's Square project.
It's located at the northwest corner of Venable Lane and Ustick Road and the
Comprehensive Plan designates this as one of our neighbor centers. The applications
before you tonight are annexation and zoning and preliminary plat. The highlights of the
proposed development are the annexation and zoning of 10.1 acres to C-C zoning and
a preliminary plat approval of 12 commercial lots. As part of the application the
applicant has requested alternative compliance to reduce the required ten foot
landscape buffer on local roads to five feet. And that's for the local roads heading into
the center of the project. They are kind of shown as a lighter roadway from the parking
areas. We do have some elevations for you. Staff has -- staff and Planning
Commission have recommended a DA. The primary point of the DA is to tie the
applicant to this concept plan and the elevations I just showed Council. The
Commission recommended approval on their December 20th, 2007, Public Hearing.
Allen Christie was the applicant's representative and spoke in favor of the application.
Na one spoke in opposition. David Rudeen, who is also a member of the applicant's
team, commented on the project. And there was no written testimony. Key issues of
discussion by the Commission were the architectural design of the building as it relates
to the Cedar Springs commercial development just east of the site and the alignment of
Buckstone Avenue with access in Crossfield Subdivision. That's the north-south
roadway shown. There were no changes to staffs initial recommendation made by the
Commission and to our knowledge there are no outstanding issues before City Council.
I did want to take a moment to express thanks to the applicant team. There is a large
spite strip that prevented this property from accessing Venable and we had some rather
uncomfortable conversations about the need for the applicant to acquire that spite strip
and he did, he pursued it and was able, after many many months, to get it and I truly
appreciated his efforts to accomplish that acquisition. So, I wanted to thank him publicly
for that. And with that I'll answer any questions Mayor and Council may have.
De Weerd: Thank you, Anna. Council, any questions at this point?
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March 4, 2008
Page 8 of 52
Bird: I have none, Madam Mayor.
Rountree: Madam Mayor?
De Weerd: Yes.
Rountree: Anna, do you have an aerial of the area?
Canning: It's a bit dated at this point. The existing development is just here to the east
and Crossfield was approved just to the north. And I forget the name of the one just
above that.
Rountree: Thank you.
De Weerd: Okay. Anything further, Council? Is the applicant here this morning -- or
this evening. If you will, please, state your name and address for the record.
Christie: For the record my name is Allen Christie. I'm a planner with Treasure Valley
Engineers. I'm working as a representative for the applicant. My work address is 1204
6th Street North, Nampa, Idaho. 83687.
De Weerd: Thank you.
Christie: I just want to start and say I appreciate all the work we have done with staff
and I agree fully with the staff report. We are asking for approval of the Settler's Square
Subdivision, annexation and zoning, and preliminary plat. And at this time I will stand
for any questions.
De Weerd: Thank you. Council, any questions for the applicant?
Bird: I have none.
Rountree: I have none.
Zaremba: No,
De Weerd: Okay. Thank you. Okay. This is a Public Hearing. Is there anyone who
would like to provide testimony on this application? Oh, this is unusual.
Holman: Mayor, we do have one person.
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March 4, 2008
Pagc 3 of 52
De Weerd: Allen Christie signed up for. Kind of figured that he's for it. So, Council, it
appears to have no public testimony. Do you have any further questions for staff or the
applicant?
Zaremba: Madam Mayor?
De Weerd: Yes, Mr. Zaremba.
Zaremba: Having heard the staff and applicant presentation and given the opportunity
to the public to testify I would add my thanks for purchasing the spite strip. Those few
that are around the city make things very difficult and thank you for working that one
out. With that I would move that we close the Public Hearing on these two items.
Bird: Second.
De Weerd: I have a motion and a second to close the Public Hearing. All those in favor
say aye. All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
De Weerd: Okay. Council, any discussion? If not, do I have a motion?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we approve AZ 07-018, the zoning of Settler's Square Subdivision, and
require a DA and that's tying the applicant to the concept plan and elevations and also
to incorporate all staff, applicant, and public testimony.
Rountree: Second.
De Weerd: Okay. I have a motion and a second to approve Item No. 8. If there is no
discussion, Madam Clerk, will you, please, call roll.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Barton, yea.
MOTION CARRIED: ALL AYES.
De Weerd: Thank you very much. Item 9.
Bird: Madam Mayor?
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March 4, 200$
Page 10 of 52
De Weerd: Mr. Bird.
Bird: I move we approve PP 07-024 with staff, applicant, and public testimony.
Rountree: Second.
De Weerd: Okay. I have a motion and a second to approve Item 9. Madam Clerk, will
you, please, call roll.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea.
MOTION CARRIED: ALL AYES.
Item 10: Public Hearing: ZOA 07-002 Request for a Zoning Ordinance
Amendment to amend the current provisions in Chapter 3, Article E
(Temporary Use Requirements) of the UDC (Title 11) and the definition of
Temporary Use found in Chapter 1, Article A for Te_ mpoirary Use UDC
Text Amendment by the Meridian City Planning Department: Request
to be Continued to March 11, 2008 Meeting
De Weerd: Okay. Item 10 is a Public Hearing ZOA 07-002. I will open the Public
Hearing --
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: We have a request to continue this item. I don't know if anybody's here to
testify. It was recommended that it be continued to the 10th -- or the 11th -- for the
11th, but I'm recommending it be continued to the 18th, if that's okay with the planning
administrator.
Canning: Madam Mayor, Members of the Council, we had wanted it to coincide with the
temporary use amendment done -- or that the legal department is moving forward and
that's scheduled for the 11th.
Rountree: During the workshop?
Canning: I believe so.
De Weerd: Council, that certainly is up to you.
Bird: Madam Mayor?
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March 4, 2008
Page 11 of 52
De Weerd: Mr. Bird.
Bird: I would go with Councilman Rountree on this. It's his final decision as being
council president and the one that sets the agenda. But I -- the 11th is our workshop
and I hate to have a Public Hearing at the time of our workshop myself. And I don't
recall -- I thought the other one was set for the 18th, too, Anna. I'm not sure. I can't
remember.
Canning: Madam Mayor, Members of the Council, I wasn't here when that item was set,
so I'm not exactly positive myself. I know Mrs. Kane could use an extra week if you
want to put it out to the 18th.
Rountree: That takes care of that.
De Weerd: Done.
Bird: You want to make a motion to continue it?
Rountree: Madam Mayor, I move that we continue Item No. 10 until March 18th.
Bird: Second.
De Weerd: Okay. I have a motion and a second to continue Item 10 to March 18th,
2008. All those in favor say aye. All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
Item 11: Public Hearing: SHP 08-001 Request for a Short Plat to create 4
building lots on 2 acres in a C-G zone for Destination Place Subdivision
No. 2 by Boise Valley Commons, LLC - 2295 East Cinema Drive:
De Weerd: Okay. Item 12 -- or 11 is Public Hearing on SHP 08-001. I will open the
Public Hearing with staff comments.
Canning: Madam Mayor, Members of the Council, this is the Destination Place
Subdivision Na. 2. It's located at 2295 East Cinema Drive, which is over by Majestic
Cinema. I don't have any slides for you, because it's a short plat, so we typically do
these similar to our final plat applications. They are proposing four commercial lots on
two acres in a C-G zone and staff is recommending approval. The subject property
meets all the applicable -- applicability requirements for a short plat and the applicant
has provided a written agreement with the conditions of approval. So, to our knowledge
there are no outstanding issues before Council.
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March 4, 2008
Page 12 of 52
De Weerd: Thank you, Anna. Any questions for staff at this time?
Rountree: I have none.
Bird: I have none.
De Weerd: Okay. Would the applicant like to provide comments? No? The applicant
has no comments. This is a Public Hearing. Is there any member of the public who
would like to provide testimony on this application? Okay. Seeing none, I assume the
applicant agrees with all staff comments.
Rountree: That's an affirmative head shake.
Barton: Madam Mayor?
De Weerd: Yes. Far the record, you can hear the nod.
Borton: Madam Mayor, I move that we close the Public Hearing on Item 11, SHP 08-
001.
Zaremba: Second.
Bird: Second.
De Weerd: Okay. I have a motion and a second to close the Public Hearing on Item
11. All those in favor say aye. All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: I would move we approve Item 11, SHP 08-001.
Zaremba: Second.
De Weerd: I have a motion and a second to approve Item 11, SHP 08-001. If there is
no discussion, Madam Clerk, will you, please, call roll.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea.
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March 4, 2008
Page 13 of 52
De Weerd: Okay. All ayes.
MOTION CARRIED: ALL AYES.
Item 12: Public Hearing: SHP 08-002 Request for Short Plat approval for 4
commercial condominium units in an existing building in an L-O zone for
Medical Millennium Condominium by The Land Group, LLC -- 1828
South Millennium Way:
De Weerd: Item 12 is Public Hearing on 5HP 08-002. I will open this Public Hearing
with staff comments.
Canning: Madam Mayor, Members of the Council, this is the short plat for Medical
Millennium Condominium, the tongue twister of the night. It's located south of Overland
Road and approximately a half mile east of Locust Grove at 1828 South Millennium
Way. The plat is four condominium units within one building on 1.259 acres and in an
L-O zone. A building permit has been issued for the subject building and the building is
currently under construction. Staff is recommending approval. The subject property
meets all the applicability requirements for a short plat and the applicant has provided
us with a written agreement with the conditions of approval and there are na
outstanding issues that we are aware of.
De Weerd: Thank you, Anna. Council, any questions for staff?
Rountree: I have none.
De Weerd: Okay. Is the applicant here? Would you like to provide comment? Okay.
You approve all staff comments? Okay. That was an affirmative that the applicant is in
agreement with all staff comments. Council, any further information -- ah, this is a
Public Hearing. Is there anyone who would like to provide testimony an this
application? Okay. Seeing none --
Rountree: Madam Mayor?
De Weerd: Yes.
Rountree: Seeing no interest in Public Hearing comments, I move that we close the
Public Hearing on Item 12.
Bird: Second.
De Weerd: 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.
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March 4, 2008
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MOTION CARRIED: ALL AYES.
De Weerd: Okay.
Rountree: Madam Mayor?
De Weerd: Yes, Mr. Rountree.
Rountree: I move that we approve Item 12, SHP 08-002 with all staff and applicant
comments.
Bird: Second.
De Weerd: Okay. I have a motion and a second to approve Item 12. Any discussion?
Seeing none, Madam Clerk.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea.
MOTION CARRIED: ALL AYES.
Item 13: Public Hearing: IZZ 07-021 Request for a Rezone of 27.89 acres from R-
4 to C-N (2.75 acres) and L-0 (25.14 acres) for the property located on
the southeast corner of North Locust Grove Road and East Leigh Field
Drive for Education Cam us Commercial by Joint School District No. 2
- Southeast Corner of North Locust Grove Road and East Leigh Field
Drive:
Item 14: Public Hearing: PP 07-025 Request for Preliminary Plat approval of 7
commercial building lots on 25.87 acres in proposed L-O and C-N zones
for Education Cam us Commercial by Joint School District No. 2 -
Southeast Corner of North Locust Grove Road and East Leigh Field Drive:
Item 15; Public Hearing: MI 08-002 Request for a Miscellaneous application to
modify the existing Development Agreement for Education Cam us
Commercial by Joint School District No. 2 -Southeast Corner of North
Locust Grove Road and East Leigh Field Drive:
De Weerd: Thank you. Items 13, 14 and 15 are Public Hearings on RZ 07-021, PP 07-
025, and MI 08-002. I will open these three public hearings with staff comments.
Canning: Madam Mayor, Members of Council, this is the Education Campus
Commercial project. It's located at the southeast corner of North Locust Grove Road
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March 4, 2008
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and Leigh Field Drive, which is about approximately a half mile north of Ustick Road.
The applications before you tonight are for a rezone of 27.89 acres from R-4 to C-N and
that would be for 2.75 acres. And L-O for 25.14 acres. And also a preliminary plat of
seven commercial building lots on 25.87 acres in the proposed C-N and L-0 zones.
You will recognize the site as housing an elementary school and the technical school. I
forget the name of it. I apologize.
De Weerd: Charter school.
Canning: Charter school. Thank you. This is the preliminary plat. The application is
also requesting a development agreement modification to remove the restriction for
education type uses only on the site. The original DA with the R-4 zoning specifically
said that it could not be housing and that it should be educational facilities. The
applicant has not provided elevations with the DA modification application, therefore,
staff is recommending the following: All future buildings on the site shall comply with
design standards pertaining to architecture, color and materials, and parking lots.
Additionally, a fiive foot minimum sidewalk shall be provided from the sidewalk along
Locust Grove to the main building entrance of all structures on lots that abut Locust
Grove. And the applicant actually has some wording changes to this, so I won't read
the full text. I'm going to put it up on the screen in a moment, but, essentially, what staff
is recommending is that we just use the UDC requirements for entryway corridor design
standards that apply to this site, with some minor modifications. The Commission
recommended approval at their January 17th, 2008, Public Hearing. Shari Stiles from
Engineering Solutions spoke on behalf of the applicant and Wendell Bigham also spoke
as the applicant. No one spoke in opposition. John Courtwright commented on the
application and there was no written testimony. Key issues of discussion by the
Commission actually related to the Comprehensive Plan designation, which is
public/quasi-public. What our Comprehensive Plan says is that upon redevelopment of
those sites that the Commission should consider the surrounding area and what the
appropriate uses would be based on the intensity of the traffic currently using the site.
So, the Commission recommended that the proposed zoning is appropriate for the
property and complies with the public/quasi-public land use designation for the following
reasons: One, a large portion of the site is utilized by the school district and that's 20
plus acres and only a small portion may be sold off and redeveloped, about six acres.
The primary use of the property as an education campus complies with the public/quasi-
public land use designation. Two, the education institutions are principal permitted uses
in the proposed districts. Three, the property is located on Locust Grove Road, an
arterial street, at the half mile, which is generally a good location for commercial
businesses. And, four, light office slash commercial uses would be compatible with the
existing education campus and commercial office uses across the street on the west
side of Locust Grove. The key Commission changes to staff recommendation -- they
did remove a couple of Public Works conditions pertaining to a 20 foot wide common lot
for water-sewer mains outside the public right of way and also one pertaining to existing
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March 4, 2D08
Page 16 of 52
structures being removed prior to signature of the final plat. As I mentioned before, the
applicant is asking for some word changes with regard to the development agreement.
Those proposed changes are in underline and strike out here. So, they are asking for
design standards in effect at the time of the application for building permits. They did
ask that we remove the requirement for the sidewalk to extend to Locust Grove,
because there is an established berm there already. And that sidewalk would go out to
either the private street or Leigh Field Way, be reviewed at the time of certificate of
zoning compliance for each building lot. And they also ask that striping be allowed to
distinguish vehicular driving surfaces from pedestrian pathways, in addition to pavers,
colored or scored concrete, or bricks. And with that I will answer any questions that
Council may have.
De Weerd: Anna, I guess I do have something. It seems that the most recent
application that came in this corridor -- there was some concern that we had too much
in this area and we weren't allowing the neighborhood center to fully work. Has that
concern changed? Is that no longer an issue or a concern with staff?
Canning: Madam Mayor, I'm not quite sure which application you're talking about.
De Weerd: I think it was across the street more south of this property as a house on
that area tried to redevelop. It wasn't necessarily zoned far commercial or a light office
use, but it was approved and since we did learn today that in that neighborhood center,
in the phase two aspect, there is an 80 percent vacancy rate. Are we putting too much
in that area and since it has been stated as a concern in prior applications, does it apply
now, too?
Canning: Madam Mayor, Members of the Council, the neighborhood center designation
does kind of straddle the north end of the property, so it would come about like this.
Yau do have office uses approved here, as well as a little further south along Locust
Grove.. We have yet to see much residential develop, although we have had --
Alexandria is in here somewhere.
De Weerd: Yeah. Just north of there.
Canning: I believe it's -- it is north of this property. 50, there has been some question
about whether we are getting the density of the residential or if we are just getting too
much office. The comments that you heard at a presentation earlier today was that this
project does have competition from this. In general we have heard of concerns about
having too much small lot office. I think that the applicant is actually proposing C-N
zoning, which would allow retail as -- on the lots that are remaining. The L-~ mostly
accommodates the existing schools and, then, you have got one L-O lot here. This
would be C-N and this would be L-O. So, there is some retail proposed at the very
corner. When we heard the vacancy rate earlier today -- actually, my first thought was
Meridian City Council
March 4, 2008
Page 17 of 52
that it might be appropriate to go back to the developer and see if they need to ask for
some retail opportunities within that first row, because I think that that's part of the
problem is the office is overbuilt, but perhaps not the retail.
De Weerd: Since this kind of was one of our first neighborhood center attempts, that's
what drove that question and same of the discussion in previous applications about how
much we are putting in that area for -- for primarily office. So, just wondered if that had
been a discussion at the Planning and Zoning Commission.
Canning: I'm not sure that it was, Madam Mayor.
De Weerd: Okay. Council, any questions for staff?
Bird: I have none.
Rountree: I have none.
Zaremba: Madam Mayor?
De Weerd: Yes, Mr. Zaremba.
Zaremba: Would you go to the plat for a moment, please? And with the arrow or cursor
or something, would you outline the seven lots? What I'm most concerned about is
whether or not that parking lot is going to become a separate lot or not. And I was not
able to tell from the small display on my screen.
Canning: Madam Mayor?
Zaremba: Just where the seven lots actually are.
Canning: Madam Mayor, Councilmember Zaremba, I would prefer if the applicant could
do that for you, because I was a little iffy on a couple of the lots myself.
Zaremba: Okay.
De Weerd: Thank you.
Zaremba: That was going to be my second choice.
De Weerd: Is the applicant here this evening? If you will, please, state your name and
address for the record.
Stiles: Shari Stiles. Engineering Solutions, 1029 North Rosario Street in Meridian.
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March 4, 2008
Page 18 of 62
Canning: Thank you.
Stiles: Thank you, Madam Mayor and Council. The lots are -- this parking lot goes with
lot -- this lot right here. There is one, two, three, four, five, six and seven. And most
likely the school will retain ownership of these -- or at least the Charter school. If you
believe that there is too much L-O, I'm sure they would be more than willing to make all
of that C-N there, so -- they just felt that it would be most compatible with the
neighborhood and not a lot of traffic generation, being mindful of the fact that the
elementary school is there. As far as having too much office, as the market demands
more office, obviously, if these are not going to sell, nobody's going to want to buy them
for office if there is no market for them and you might see us back here again asking for
some kind of a commercial designation. As Anna said, there is a --
Zaremba: Madam Mayor. Do that one mare time if you would, just one, two, three,
four, five, six seven.
Stiles: Okay. One, two, three, four, five, six, seven.
Zaremba: Yes. Thank you.
Stiles: Staff has asked for a private street application, which we will be coming in for.
We would like to extend it fully out to the elementary -- where the elementary school is.
There is currently a curb cut there so we will be coming in at a later time with that
private street application. One thing Anna said I was a little concerned about, because
the first time I heard it was tonight, regarding the design standards. We have asked that
we be kept to whatever design standards are in effect at the time the building permits
are applied for and Anna had said that she wanted the entryway corridor standards to
apply, with some minor modifications. I guess we are not really prepared to accept that
when it's so vague and we don't know -- we don't even know what those are at this time.
It's not an entryway corridor. You know, I'm sure that whoever comes in will be willing
to work with her. I know that you like to see -- it lacked like the front of a building
adjacent to Locust Grove and we want it to look like -- you know, to fit in with what
Brockton has done and with what the Heritage Place Subdivision has done. I'm not
saying we'd follow that exactly, but I'm sure in working with staff that we can arrive at
that, we just did not want to state that we would comply with design standards that didn't
exist. As far as using striping, we did want to retain the ability to use striping on the
existing -- the existing asphalt, as it is very costly to saw cut and replace that with
pavers and we did one just recently in Star for the Parkstone Subdivision that we are
working an developing and it was over 10,000 dollars for a single crossing and we did
not want to have to go to that expense when it could be handled differently. Other than
that I don't believe I have any other comments. I will stand for any questions you may
have.
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March 4, 2008
Page 19 of 52
De Weerd: Council, any questions?
Bird: I have none.
Canning: Madam Mayor, while Ms. Stiles is up at the podium, the text you see in
underline and strikeout form here is the text that was in the original staff report and the
underlines and strikeouts were approved by the applicant. I think we didn't understand -
- what we wanted was to take our existing UDC design standards and apply them to this
site. What I don't think I realized until just now is that what Engineering Solutions is
proposing with this language here by adding the in effect at the time of application for
building permit, they are trying to exempt themselves from the existing design standards
in our current code, but that's what we were trying to apply them -- specifically apply to
them with this project. So, that is a difference of opinion and a concern on my part as
well. Typically we have -- particularly with any nonresidential -non-single family
residential applications we have either elevations or we tie them to the design standards
in the current UDC and any subsequent versions of those design standards.
Stiles: Madam Mayor, Council Members, I'm not really sure what Anna's trying to get
at. We are just asking that we comply with the design standards in effect that are on --
written ordinances in effect at the time they apply for building permits, from tonight
forward, whatever that may be. If they change, then, we will comply with that, but not to
comply with some statement that's made tonight that says comply with entryway
corridor standards with some minor modifications that we have no idea what those
modifications would be.
Canning: Madam Mayor, the design standards in the UDC apply to entryway corridors
and large projects. All I was saying for Council's benefit is that the language that we put
in the development agreement was, basically to reference back to those and, then, the
applicant has proposed some minor modifications to that. I'm not proposing anything
different from what was in the original staff report tonight, although I am concerned now
with the applicant's request to add the language in effect at the time of the application
for building permits. I believe the intent was to apply the entryway corridor design
standards with regard to facades, primary entrances, roof lines, all those things. We
can reference Section 11-3-A-19 with regard to those if -- if that would make Council
more comfortable.
De Weerd: Okay. Council?
Bird: Madam Mayor?
De Weerd: Yes, Mr. Bird.
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March 4, 2008
Page 20 of 52
Bird' This is for Anna. Anna, is that -- Locust Grove considered an entry corridor? I
thought Eagle Road was and Fairview and --
Canning: The entryway corridor designation ends just at the north property line of this
project. No, it's not currently an entryway corridor, but, again, typically Council likes to
see either elevations or some sort of design guidelines along with these nonresidential,
specifically non-single family detached residential projects. And that's what staff was
looking for for the DA.
De Weerd: Shari, I had a question regarding the -- one of the lots. I believe it was Lot 3
that would include the current parking for the medical arts charter school. Why -- why is
that being taken -- or part of a lot that's undeveloped when that lot is pretty much full
during the day?
Stiles: Madam Mayor, Council Members, I would have to have Wendell Bigham speak
to that. I don't know what kind of arrangements they might have with a future possible
buyer or what their intent is with that specific lot.
De Weerd: Okay.
Stiles: They are aware that they need --
De Weerd: I'll save my question.
Stiles: Okay.
De Weerd: Thank you.
representative?
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Council, any further questions for the applicant's
Zaremba: I would pick on the subject of pedestrian crosswalks. The difficulty with just
striping is that it's not permanent. The other methods of marking would not need to be
redone on a frequent basis and if you're proposing to add commercial and business
uses in the proximity of children walking to school, I would tend to think that the more
permanent and more visible separation by use of some other visible bricks -- I know it's
more expensive than the initial painting, but you may have to paint it again every two or
three years. In the long run that may come out even. That's just an opinion.
Stiles: Madam Mayor, Councilman Zaremba, Council Members, I can appreciate your --
yourwanting those to be the pavers and we would like that, too, if it weren't such a huge
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March 4, 2008
Page 21 of 52
expense. It wouldn't be just one crosswalk, we'd probably end up having two or three,
possibly up to four of those, at a cost of between 40, 50 thousand dollars total for the
project. We have no objection to requiring the new construction that comes in to be
kept to that standard, it's just that we didn't have to -- want to have to tear up existing
streets in order to provide that at this time --
De Weerd: So, would you want that --
Stiles: -- at public expense.
De Weerd: -- to be tied, then, to any future development of the vacant lots, rather than
put in at this paint? Is that your intent?
Stiles: Madam Mayor, Council Members, as far as within their development, if it's part
of their new development and they are required to put those in, yes, we would be in
favor of that and not have to do it as part of this Final Plat application ar this Preliminary
Plat application. Sorry.
De Weerd: Did that answer your question?
Zaremba: Not aptly, but yes.
De Weerd: It sounds like that condition is okay, as long as it's later; is that --
Zaremba: Well, if -- if it's later and retroactive, so that it covers all of the drive aisles and
private roads and whatever it is we are talking about here. I would not want -- if
somebody that's doing a new development only has to da that an their property and,
then, there is this identical -- identifiable crosswalk that ends when it gets to the current
paving that would not solve my problem. If at that time they had to continue it across
the current paving and it didn't happen now, that's not a problem for me.
Stiles: Madam Mayor, Councilman Zaremba, Council Members, it would be hard to
saddle somebody in the future, probably, with that private street -- crossing that private
street and, then, requiring them to put the pavers in. I know they also have the flashing
light system. I don't know, that's probably more expensive than the pavers, but to be
honest, it's not likely that that private street is going to be cut into and make -- put the
stamped concrete as part of their development, it just simply wouldn't be very cast
effective for them. You know, this is a school district property, I know they should follow
the same rules as everybody else, but it is the public's money ,that we are spending
when we -- when we do that. So, that is a concern.
De Weerd: Any further questions, Council?
Meridian City Council
March 4, 20D8
Nage ZZ of 52
Rountree: I have none.
Bird: I have none.
De Weerd: Okay. I do have a question for Mr. Wendell.
Stiles: Thank you.
De Weerd: Thank you.
Bigham: Thank you, Madam Mayor. Wendell Bigham, representing Joint School
District No. 2. 1303 East Central Drive, Meridian. I'll stand for your questions.
De Weerd: Well, I guess my question is as we went through and saw what the number
of each of the lots it seemed like lot number three would include the current parking that
is used by the Medical Arts Charter School. So, wanted to know what the intent was on
that, if the charter school could potentially lose that parking if that lot were tv develop.
Bigham: Madam Mayor, it was my understanding, kind of at the advice of the planning
engineers, that this lot for cross-access purposes would probably be better associated
with this lot, as opposed to lot number -- whatever that is, five or six right there. Beyond
that explanation, this parking is in excess of what is code. It serves -- is overflow for this
and it provides a bit of parking relief for the Pathways Middle School that is currently
located here. But to specially answer your question, I don't have a real good answer,
other than it was just a perceived gross access and frontage onto this portion of the
private drive.
De Weerd: Since parking has been always the -- it's like wars over water, we have it on
parking, too, and it would concern me that you would have competition with student --
what currently is student intended parking and I don't know if it's over and above code
or overflow, but that parking lot is usually full and so that -- that tells me that, as usual,
most students don't walk to school, they -- and that's the nature of a charter school.
The charter schools do not draw from the surrounding neighbors, they are more mobile.
So, that parking is essential to that school. I would not like to see it compromised by
allowing it to -- to park a future use and I guess that would be my -- my largest concern.
Bigham: Madam Mayor, to be perfectly honest, when you first raised the question -- I'm
trying to envision the original survey plat that Idaho Survey Group prepared, that I was
sitting over in the audience thinking that that was the lot and I was trying to read --
quickly the legal descriptions and I'm too blind to read all those little numbers right now.
Your point is well taken. Other than cross-access purposes, the point for the school
district is to maintain ownership, control, and use of that parking facility.
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March 4, 2008
Page 23 of 52
De Weerd: For school use.
Bigham: Yes.
De Weerd: Okay. That answers my question.
Bigham: Okay. Madam Mayor, if I can address Commissioner -- or Councilman
Zaremba's comments. Yes, money is important. That fact aside, we expect to play by
the same rules as everyone else. However, because of the nature of the two charter
schools -- these two are independently owned and operated charters -- well, owned by
us and operated by the charters separately. This is a school district sponsored
alternative middle school here. There is -- we anticipate that there will be very little
cross-traffic between the L-O or the C-N in terms of traffic crossing north and south to
the schools. The elementary school is a closed campus, so, hopefully, they are not
wondering over to Starbucks here on the corner. Again, we do a good job of striping.
The statement that there is a lot of people walking to and from the school, as previously
noted, very few people walk to either of these three facilities, since they cover a large
geographic area. And the elementary school's park -- walking traffic is already provided
via a pathway on-campus system out here to connect up with the people down the
southern part. So, in -- from a planning standpoint we have done quite a bit of work to
eliminate walking traffic. We would not encourage students to go across one, two,
three, four, five, six curb cuts. So, my guess is we are talking about whether they are
striped accesses or stamped concrete or paver accesses, you know, in this vicinity it is
just cutting into an existing road. In here we would prefer to do everything we could to
discourage that cross-traffic.
Canning: Madam Mayor --
De Weerd: But, Wendell, don't you have a crossing guard up at the northern end of that
for kids across the street in Heritage Commons?
Bigham: Madam Mayor, I do not know. I honestly don't know. I'm assuming there is
some probably type of crossing assistance out on Locust Grove interior within the
subdivision. I honestly do not know.
Bird: Madam Mayor?
De Weerd: Yes, Mr. Bird.
Bird: I have been by there quite a few times and they have got the yellow lights
blinking, but I have never seen a crossing guard. It sits so far back in there I'm not sure
that most of the kids aren't bused. I've seen very little foot traffic out there.
Meridian City Council
March 4, 2008
Page 24 of 52
De Weerd: There are a lot of kids across the street in Heritage Commons, so I --
Bird: Better make sure they are safe.
De Weerd: -- don't know how they get there.
Bigham: Madam Mayor, I believe they cross at the intersection of Leigh Field Drive and
Locust Grove here. Or they will come out here but, specifically, I do not have first-hand
knowledge of that.
De Weerd: And I guess I would just emphasize what Councilman Zaremba is saying is,
you know, there needs -- that needs to be delineated and what the appropriate
treatment for that is. I don't know.
Zaremba: Madam Mayor?
De Weerd: Yes.
Zaremba: If maybe one very important one could be identified, as I understand, if there
is six accesses there is not likely to be the need to make this kind of treatment far all six
of them, but -- and I don't hear a lot of other people jumping on the band wagon, so I'm
-- it's not a do or die for me, but if there were -- and I'm not that familiar with the use of
this property, even though I have driven by it on Locust Grove, I haven't driven into it. If
there were one that had an unusual amount of student traffic my inclination would be to
save the special treatment for that one. I'm not locked into every -- if there is six of
them, I'm not locked into every single one of them that may not have that kind of foot
traffic.
Bigham: Madam Mayar and Councilman Zaremba, if I was to hazard a guess as the
primary one for pedestrian crossing would probably be this one, because I don't believe
this -- I just love when I'm not quite prepared. I don't think there is a sidewalk on the
north side, but can't honestly remember that. But this one would probably be the
crossing -- I can't remember either -- for this type of traffic movement in and out of the
elementary, would be -- if there was a logical one, that's probably it.
Zaremba: Well -- and even there, a sidewalk that's parallel to the street and crossing a
driveway is a fairly apparent place for children to be. What I was more worried about is
if there is a spot at some random place where a driver might not expect it, at an
entrance to a driveway you would expect it and I wouldn't be as concerned about that.
Bigham: Madam Mayor --
Zaremba: Maybe I don't need to be concerned
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March 4, 2008
Page 25 of 52
Bigham: I couldn't hazard a guess where we could try to address that concern through
that maze of driveways, other than we would prefer to have sidewalks away from the
school and the sidewalk up here is disconnected at quite some distance.
Zaremba: In that case, Madam Mayor, let me jump to the other subject of the parking
lot and this, actually, would be a question maybe to Director Canning. I think we are
going to have a discussion whether or not --
De Weerd: Before you walk away -- so stay up there.
Zaremba: I'm sorry. Yeah. Well, it's far all of you, but I was going to start with Director
Canning.
Canning: Ms. Stiles is trying to tell you that the parking lot is on the -- the other parcel.
It's not an Lot 3.
Zaremba: It's not part of three. Well -- and that, actually, answers the question that I
was going to get to, you anticipated. I have no doubt that there is probably going to be
a cross-access agreement no matter which parcel it's attached to, but what I was going
to ask is whether or not parcels one, two, three and four could have something in the
development agreement that said that didn't count towards the required parking. But if
it's attached to six, then, I'm not worried about it. Six or seven. Because it wouldn't
taunt towards the other ones required; is that correct?
Canning: Madam Mayor, Members of the Council, Councilmember Zaremba, if it's
within a thousand feet they are allowed to ask for it through alternative compliance and
shared parking, but it wouldn't typically.
Zaremba: Okay
De Weerd: My question for Wendell was -- I think Pioneer has office and perhaps some
commercial between the arterial and the school itself. Is that -- am I remembering that
correctly? I know it was an empty field for a long time.
Bigham: Madam Mayor, I couldn't tell you that. I'm not familiar --
De Weerd: I guess the reason I ask is I wanted to -- to know if there has been any
issues out there. I know they have had considerable concern and issues with speeding
cars and the danger of bath the kids and the crossing guards has been pretty -- it's been
a very dangerous situation out there. But my concern is the C-N up in that northwest
corner, if it's adrive-thru, like a coffee shop, because I think someone mentioned a
coffee shop -- those -- that kind of movement would conflict with kids walking to school
Meridian City Council
March 4, 2008
Page 26 of 52
and -- and would be in -- well, probably a concern with cars going in and out of that area
with small children walking to school and just wanted a perspective on -- if it was like
that at Pioneer or any of your other elementary schools, if you've have had any
experience to avoid.
Bigham: Madam Mayor, I can't tell you specifically of anything that where we are afraid
of. We are always concerned about crossing movements on the walk routes to school.
Now, those extend as far as a mile and a half out into the community and the walking
distance from the school, so it somewhat gets to be an issue that we can't really control.
However, if an application did come forward on that C-N parcel that we successfully
sold, we would probably be expected to and we would review that application and weigh
in on any proposed circulation, curb cuts, et cetera, for that applicant, just as -- because
it -- once it shifts to the private ownership we would treat that property like we would
everyone else's. But I couldn't tell you a specific concern -- most specifically I'm not
familiar with the issues at Pioneer, other than we have crossing safety issues in
proximity to our schools at all times.
De Weerd: Well, we would all like to think that when we sell the property once, it is sold
and they develop it like they say, but our experience has been that usually there is a
good likelihood it will be flipped and what they say they will never do actually happens.
And so, again, my concern is what those term movements are and are we setting
ourselves up, because once it's a permitted use the city no longer has any kind of stick
to regulate it and once the land is sold neither would the school district. Sa, what kind
of protections can be put in place if that is designated that C-N to make sure that we are
paying attention to our first and foremost priority and that is the safety of the children.
Bigham: Madam Mayor, I would simply envision that C-N lot owned by someone other
than the school district, what conditions would Council see fit to place on that ownership
at this moment in time. We would concur with that. It's the same issue, the school's in
the same spat, the ownership of the land is a mute paint, we expect to be held to the
same standard that you would see to hold private ownership of that land. And I don't
have a good answer to that question, so not much help.
De Weerd: Well -- and it's a school campus, you're more cognizant and the drivers are
more cognizant, because it is a school campus. When it becomes a commercial
venture, the caution sometimes is just not the same.
Bigham: Correct.
De Weerd: And that would be my concern. Council, any questions for Wendell?
Rountree: Madam Mayor, I have a couple of questions.
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March 4, 200$
Page 27 of 52
De Weerd: Yes.
Rountree: Or at least one far Wendell. And I'm going to use the words of your
representative as it relates to the zoning and the zoning of the charter school, which
would be L-O, but indicated it would most likely stay in school use. Getting specifically
to the concern the Mayor raised, what's the probability that most likely being flipped to
something else?
Bigham: Madam Mayor, Councilman Rountree, you're talking specifically about us
flipping the charter school site, the two existing facilities? I think it highly unlikely. One
can never guarantee. I mean we own the buildings, the charter school operates out of
the facilities we own, and I'm not sure that that situation won't change in some -- at
some future point where the charter actually purchases the facilities from the school
district and becomes totally autonomous from the district, much like all of the -- it's a
district sponsored charter school, which makes the ownership of it unique from the
traditional charters that come before you. I know of nothing that would tell us that the --
there is a likelihood that either of those two charters would do anything but try to
expand. So, I don't think we -- our intent would never be to flip it.
Rountree: Another question. Has this proposal -- this land development, if you will, by
the school district, been presented to your trustees or is this coming from the school
administration?
Bigham: Madam Mayor and Councilman Rountree, it has been reviewed with the
trustees, it has been designated as surplus property and that is the reason we are
moving forward with it. Our entire purpose is to sell the land. We would have preferred
to have sold the land without going through this entitlement process, but it didn't seem
like the highest and best use of the taxpayers dollars. Again, following that same logic,
providing elevations, if you will, for development activities, the school district does not
feel we should be directly competing with the private sector by constructing office
facilities and trying to lease them out. So, we are simply trying to get the land to the
highest and best value based on its use as surplus land and we would very much like to
dispose of this property.
Rountree: Madam Mayor?
De Weerd: Uh-huh.
Rountree: Either Wendell or Shari. Did I understand you correctly that there is a curb
cut here and that this private road would become a public road and connect up in this
area?
Stiles: I'm sorry, could you ask that one more time. Shari Stiles, Engineering Solutions.
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March 4, 2008
Page 28 of 52
Rountree: I wasn't sure I understood you correctly. This is the -- the private road now
and you talked about turning the private road into a public road and the curb cut that
would be in this area. Are you talking about the curb cut here and that that would
continue on through here or are you just talking about this connection?
Stiles: Madam Mayor, Councilman Rountree, it is not yet a private street. Staff has
asked us to make that a private street in order to address the separate lots. There is a
curb cut existing out on Leigh Field Drive. It would be what the school district intends to
do would be to continue that road out to Leigh Field. Did I answer your question?
Rountree: It sure does.
Bigham: Madam Mayor, if I can also weigh in on Councilman Rountree's discussion.
The original Education Campus Subdivision showed a future road that follows this
existing survey line, which existed on the original plat. The original intention was to
have four charter schools of some nature across here. What's probably the biggest
reality is the portable campus that is here, once it is determined that it is, in fact,
successful and geographically correct, will undergo what happened at Crossroads. We
will build a permanent facility. That permanent facility will be built in this portion of the
lot, so this curb cut will be utilized to bring a roadway system in to serve the main
building here and interconnect the campus and this chunk of land for the quite -- a very
long foreseeable future. At that point would became open grass area, athletic PE area,
to support all three of the schools. We simply need some grass. So, the likelihood of
that street going through is good, but we probably would not construct it until we build
the permanent structure over here.
De Weerd: So, why wouldn't you just keep that the quasi-public use, instead requesting
designation for an L-O?
Canning: Madam Mayor, Members of the Council, let me help Mr. Bigham out on that
one. The school is asking for the L-O designations on the school facilities. They are
principally permitted uses within the L-0. I'm not sure that the school facilities are even
an allowed use in R-4 anymore without -- I'm not sure they are even allowed anymore.
So, it's -- it's a more appropriate zoning far the actual school facility. It allows them to
come in as a principally permitted use on those lots. They are not requesting a
Comprehensive Plan designation change, it would remain public/quasi-public on all of
this property.
De Weerd: Okay. Thank you. Council, any further questions for the applicant or their
representative?
Bird: I have none.
Meridian City Council
March 4, 2008
Page 29 of 52
De Weerd: Thank you. Okay. This is a Public Hearing. Is there any members of the
public who would like to provide testimony on this application? Okay_ Would the
applicant's representative have any wrap-up remarks?
Zaremba: Madam Mayor?
De Weerd: Yes, Mr. Zaremba.
Zaremba: Before we do that, I would like to ask our fire department people. There are
comments in there that mostly pertain to fire hydrants and addressing and stuff, but
since you do have an educational use as part of this property, I just would request that
you weigh in with an opinion about what we have been talking about.
Johnson: Madam Mayor, Councilman Zaremba, the other Members of the Council, right
now most of our use out there at the safety center is the second graders that come in
are -- they are usually bused in, so we don't have a whole lot of foot traffic across there,
other than students coming from the school directly across the street from there. So, for
our aspect I wouldn't see any issues with the proposed changes.
Zaremba: Great. Thank you.
De Weerd: Okay.
Stiles: Madam Mayor and Council Members, Shari Stiles, Engineering Solutions. I
want to apologize to Councilman Zaremba for misleading you on what you were asking
before. I hope -- I wanted to make it clear that this is one lot, So, the charter school will
be part of that lot. I -- one, two, three -- I don't know which order -- five, six, seven, eight
-- wait. That was wrong, too. One, two, three, four, five, six, seven. Okay. I can count
to seven.
Zaremba: Thank you.
Stiles: I'm not quite sure what Councilman Rountree was getting at with the private
street extension through there. I know there may be some concern that that would
become a through way -- cut through, if, in fact, there would at some point be a traffic
signal there at the half mile mark, which I would anticipate at sometime would probably
happen. I'm sure that the school district would be amenable to not making that a public
through way. You can drive through there right now, clear through to Leigh Field, if it's
not too muddy. I don't think they have had a lot of problems with cut-through traffic, but
I can see where you might be concerned that that -- and that there might be same
additional safety concerns, but -- I hope that I answered your questions. If there is
anything else you have of me, let her rip.
Meridian City Council
March 4, 2008
Page 30 of 52
De Weerd: Council, any questions?
Bird: I have none.
De Weerd: Okay. Thank you. Okay. Council, if there is no further stafF comments,
applicant comments, the public had the opportunity to provide public testimony and
seeing that there is no further questions, I would entertain a motion to close.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: Before we close I'd like to make a comment or two, not specifically for or
against this project, but it seems like we have heard from the applicant that they didn't
want the city to be vague about design criteria, if they understood that we are interested
in design. Maybe we are. And we don't really have a sense of what they would
propose in this area. We have a comment from the school district that they will accept
whatever conditions we might propose this evening on the commercial properties and
that's all well and good, but I'm not going to sit here and came up with that list of
conditions this evening. I think that's something that we need to deliberate and I think
we need to make sure we do this one right, because I can see that we not only create
issues far the school district, we create some issues with us with commercial
development in an educational complex. Those elementary kids are going to go where
ever they can get to go and with that potential private street, if you will, through the
middle of an educational facility, bordered by commercial facilities, I don't know that it's
been well enough thought out. I heard a comment from the school district that I guess I
wasn't -- I'm not quite prepared to answer some of the questions that have been asked.
I would like to at least be able to deliberate this further, have staff put together some --
some comments and conditions that might address some of the safety issues that we
have talked about and there is still issues with us. I understand it costs money to put in
crosswalks. I understand maybe the -- the cutting of the asphalt and the brick might not
be the answer, but I value those kids' life a lot more than I do value the cost to whoever
is going to develop this property to put in an appropriate crosswalk. So, I'm .suggesting
that we continue this and get that information put together, so we can make a reasoned
decision, as opposed to a five minute decision on this particular item.
Canning: Madam Mayor, Members of the Council, if the Council chooses to go that
way, I need a little more clarification, so I guess if -- once you find out which way you're
going, if I could chime in that would be helpful. Okay. You're all staring at me. Does
that mean I should chime in?
Zaremba: Madam Mayor?
Meridian City Council
March 4, 2008
Page 31 of 52
De Weerd: Mr. Zaremba.
Zaremba: I, for one -- I think I would join Councilman Rountree in saying that the
project as a whole -- he didn't say this, but the project as a whole is one that could be
acceptable to me, but I would like to make sure that the safety aspects are thoroughly
addressed and whether it's observational or statistical, where are the children walking,
where do they need to be protected. If there is a way to get those answers, I would
support the idea to continue this.
De Weerd: Any further comments? Do I have a motion?
Canning: Madam Mayor?
De Weerd: Yes.
Canning: Before you make a motion to continue it, may I ask for some clarification,
since I have been -- I suspect I'm going to get directed to work with the applicant.
De Weerd: And I'm sure the applicant would like that as well.
Canning: Madam Mayor, Members of the Council, I heard same questions about the
appropriateness of the L-O zoning, but I haven't heard a consensus of the Council on --
on whether you want more C-N or less C-N or just leave it L-O. So, if I could get some
clarification on that would be helpful.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I'm okay with what's proposed in terms of the amount, but I want to see the
right conditions applied to that, so we don't have adrive-thru situation that becomes a
conflict with pedestrians and particularly school children an the access road. That
would be --adrive-thru would be one use that I think we would want to condition out.
Canning: Okay.
Rountree: Those sorts of things. And I think probably working with the applicant you
can get a sense of what might been there. I know there is a long list of conditions we
could come up with, but, again, the safety one is the biggest one for me right now. The
other conditions I would want with respect to the interior traffic movement is --
particularly with the number of kids that could be crossing through this area is to make
sure that the crosswalks are identified in a fairly consistent and uniform manner and
Meridian City Council
March 4, 2008
Page 32 of 52
some assurance that if it's a minimum of paint that we see a commitment on the part of
the school district to do it multiple times a year, particularly if there is enough volume of
traffic in there to wear the stripes off.
Canning: Madam Mayor, Members of the Council, can I ask for thoughts on something.
The applicant has -- or been requested to submit for a private road for addressing
purposes, which is a common -- common requirement. In nonresidential zones that
private road requirement carries with it a sidewalk -- a minimum sidewalk on one side of
that private road. That would seem to be an appropriate sidewalk without needing the
north-south sidewalks, because you do have the schools at the terminus of that road.
So, I would suggest that that would be the appropriate location, either on the north ar
south side. Obviously, the south side impacts the school district property much much
more, but more people would be using it that are going to -- to structures located on the
south side of that. So, if I could get Council's thoughts on that, if that is the appropriate
sidewalk location, or if you want one going north-south and -- I think that would be
helpful.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I support that that should be a private street, again, fior addressing purposes
and other conveniences. Part of what my thought would be of continuing this for a
future date would be to have feedback from you all which side you thought it ought to be
on, the sidewalk and so forth. Where ever the greater amount of traffic is I agree with
you that's probably where it should be. If that seems like it's on the south side, that --
that works for me. But that does seem to be a subject for continuances what sidewalks
where, what treatment. If that becoming a public street forces there to be a sidewalk, I
certainly support that. On the subject of the L-O, if I may retrogress a moment, I am
happy with what the applicant is proposing here, L-O comes with certain conditions that
I think we are comfortable with around the school. If at some time those other parcels --
I'm probably thinking parcel two and parcel three -- are sold to somebody who wants to
reapply far a rezoning, we would have an opportunity to condition them differently at
that time. So, on that subject I think I'm comfortable in going forward with the request
as is.
Canning: Thank you, Madam Mayor, Members of the Council. I think I gat the
clarification I needed, unless there is any other comments from Council.
Rountree: Madam Mayor, I guess my final comment would be to resolve the design
issue and the design language.
Bird: Madam Mayor?
Meridian City Council
March 4, 2008
Page 33 of 62
De Weerd: Mr. Bird.
Bird: My only concern is the safety of the children and I have no problem with what they
are asking for the zoning, I think that road should stay a private road and the sidewalk,
to me, would logically be on the south, because that's where you're supplying three
.schools -- or two schools. Well, three, I guess. As you all know, I'm not here -- sitting
here to design their buildings for them, but I do want it to be safe for the kids, any kids
that walk there. I have driven by there quite a few times when school is out, you don't
see a lot of foot traffic, because they are going to being bused the most, but we have
definitely got to make sure that foot traffic for kids is safe. So, that would be my biggest
thing is to work something out there that would --
De Weerd: So, to clearly delineate where the sidewalks are, because, you know -- and
so Shari and Wendell will work with staff, but it seems to me in front of that Medical Arts
Charter School they da not have a sidewalk on that south side. So, if we can offer up
where those sidewalks currently exist and include it in your inventory there. I know
there is a sidewalk alongside the professional technical charter --
Bird: To a point.
De Weerd: Yeah. Just around that corner. Is that enough detail?
Canning: Yes, ma'am. Thank you.
De Weerd: Thank you.
Rountree: Madam Mayor?
De Weerd: Yes, Mr. Rountree.
Rountree: I would move that we close the Public Hearing --
Canning: Sir.
Rountree: Or have we?
De Weerd: You want to continue it.
Rountree: Oh. Excuse me. Continue the Public Hearing on Items 13, 14 and 15 until
March 25th.
Bird: Second.
Meridian City Council
March 4, 2008
Page 34 of 52
Zaremba: Second. Oh. Sorry.
De Weerd: Okay. I have a motion and a second to continue Items 13, 14 and 15 to
March 25th. All those in favor say aye. All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
De Weerd: Okay. Wendell, you don't get spring break, do you? Does that date work
for you? If you will came to the --
Bigham: Thank you. Madam Mayor, Wendell Bigham, Meridian School District. I
would ask that we extend it a little further into the future. If -- by the nature of the
discussion, if it demands other resources from the school district, such as safe
transportation people, with spring break following that week it may be hard to get the
people with the specific information that may be germane to the discussion here. So, if
we could move it out into the first week in Aprilish, whatever, would work also for us.
De Weerd: Do you want to revisit it at that time or do you want a date to be set
different?
Bigham: Madam Mayor, I think because of people that I may want to bring in, I think
any date other than in the middle of spring break would be absolutely fine with us.
De Weerd: April Fool's Day? No, that's our workshop. April Fool's? Okay. Thank you.
Council, I would need a new motion. Mr. Nary.
Bird: Revise your motion.
De Weerd: Do we have to cancel the former motion or can we just --
Rountree: I'll revise it.
De Weerd: -- revise it?
Nary: There you go.
Rountree: Madam Mayor, I revise my previous motion for the date certain of April the
1st.
Bird: Second agrees.
Meridian City Gouncil
March 4, 2008
Page 35 of 52
De Weerd: Okay. We have a new motion on Items 13, 14 and 15, to continue the
public hearings to April 1st, 2008. All those in favor say aye. All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
Item 16: Public Hearing: AZ 07-019 Request for Annexation and Zoning of 15.49
acres from RUT to L-O zone for Stake House by the Church of Jesus
Christ of Latter Day Saints - 5555 North Locust Grove Road:
De Weerd: Okay. Thank you. Item 16 is a Public Hearing on AZ 07-019. I will open
this Public Hearing with staff comments.
Canning: Madam Mayor, Members of the Council, this is the Stake House project,
located at 5555 North Locust Grove Road. The application before you tonight is for
annexation and zoning and that annexation and zoning is of 15.49 acres to L-O. No
development is proposed at this time. There is an LDS church currently on the
property. A stake house, actually, currently on the property and it is receiving city
services currently as well. The Comprehensive Plan designation on this property is also
public/quasi-public. Similar to our last application, the original intent of the applicant
was to dispose of excess property on the south end of the development. Because they
didn't have a use in mind at the time, they did withdraw the preliminary plat application
and have just asked to proceed with the annexation and zoning. So, staff has proposed
and the Commission has recommended a number of DA requirements and those would
include at a minimum, if or when this site redevelops, access points to and from the site
will be evaluated and may be restricted by the City of Meridian and/or ACHD. The
intent was that any future development should share an access point with the church,
the southern access point with the church, rather than having a new driveway cut onto
Locust Grove. If when the site redevelops, full compliance with the landscaping of the
UDC shall be enforced and except for additions or buildings associated with the existing
church, no building permits shall be issued on this site until the subdivision has been
approved by City Council. We do not, again, have elevations for you. The Commission
recommended approval at their January 17th, 2008, Public Hearing. Ladd Cluff spoke
in favor of the applicant. No one spoke in opposition or commented or provided written
testimony. The key issues of discussion by the Commission were the development
agreement for the site and there were no Commission changes to staffs initial
recommendation. The outstanding issues for City Council, again, are the -- just the
development agreement requirements for the site and the applicant is opposed to the
DA. With that I will answer any questions Council may have.
De Weerd: Thank you. Any questions for staff?
Rountree: I have none.
Meridian City Council
March 4, 2008
Page 36 of 52
Bird: I have none.
De Weerd: Okay. Is the applicant here? If you will, please, state your name and
address for the record.
Bradshaw: Name is Terry Bradshaw. Address 777Q Makayla Drive, Nampa, Idaho.
83686. Madam Mayor and City Council, I am the real estate manager far the Church of
Jesus Christ of Latter-Day Saints in this area and as staff has indicated, we ,are here
under the request to annex this property into the city, because we are currently
receiving city services for this property. We concur with the staff on most issues, other
than we have no application before you tonight to develop the property. The simple
application we have is to annex the property, because we are receiving the city
services. Therefore, we would respectfully request that we not be required to enter into
a development agreement at this time, since there is no development proposals
planned for this property. So, that is the one thing that we would like to make mention.
So, the only application here is for the annexation. There is nothing having to do with
any joint access or excess property or anything like that at this time, so that we'd just
like to make that request and that's all I have.
De Weerd: Well, oftentimes the only time we can protect the -- the intent of the
applicants and the city is when it's being annexed and it's not like we don't believe our
faith community. We do. But with that said, we have oftentimes been surprised and --
and Ithink the development agreement is just that, to show the intent at the time of the
annexation. It's nothing else. But it does protect bath parties. So, staff, do you have
anything further to say about the intent of the DA?
Canning: Madam Mayor, Members of the Council, no, and, unfortunately, the only time
we can ask for the DA is with the annexation or a rezone of a property.
De Weerd: Otherwise, it will go with the zoning designation and, then, it's a permitted
use and there is nothing the city can do at that time if you don't have that DA and so
that's usually why we require it. But it's certainly up to the Council and not myself, so --
Bradshaw: I understand. So, it's my understanding that it is by city ordinance that that
is the only time that it can be requested; is that correct?
De Weerd: It's generally our practice.
Rountree: It's state code.
De Weerd: State code.
Bradshaw: Okay.
Meridian City Council
March 4, 2008
Page 37 of 52
De Weerd: That's why it's our practice. Council, any questions for the applicant?
Okay.
Bradshaw: May I request that the development agreement be, I guess, restricted to just
the annexation issues, rather than any potential or future development of the property?
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I would say that the points raised that are being asked to put in the
development agreement are specifically for everybody's benefit to let any future
developer know what the requirements would be and the distinction about whether it's a
development or annexation, these are the things that we think you and any future
developers need to be warned about.
Bradshaw: Okay.
Zaremba: To include in your thinking when you start thinking about development.
De Weerd: And, sir, if at the time you wish to amend the DA, you can always come
back to the city and do -- and request that. So, further down the line if there is
something that is desired to be changed, if circumstances da change, you can came
and request an amendment.
Bradshaw: Okay. Thank you.
Canning: Madam Mayor?
De Weerd: Yes.
Canning: Members of the Council and for the benefit of the applicant, that process to
amend the DA takes typically three weeks, not the three or four months that it's taken to
-- to bring the annexation application forward, if that's of any comfort to the applicant.
Bradshaw: Always. Thank you.
De Weerd: Thank you. Okay. I do have people signed up in support of this application.
If when I call your name you would like to provide public testimony, please, come
forward at that time. And I don't know if it's an O or an A, but Todd Cluff is signed up in
favor. Okay. Scott and Lori Shepherd signed up for. And Carl Shepherd signed up in
favor as well. Okay. It is a Public Hearing. Is there anyone who like to provide public
Meridian City Council
March 4, 2008
Page 38 of 52
testimony on this application? Does the applicant have any concluding or wrap-up
remarks? Okay. Thank you. Council, any further questions or comments?
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: Having heard staff and applicant testimony and given the public the
opportunity to testify, I move we close the Public Hearing on Item 16.
Rountree: Second.
De Weerd: I have motion and a second to close the Public Hearing on Item 16. All
those in favor say aye. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I move that we approve AZ 07-019, to include all staff comments and to
clarify with the requirement of the development agreement as requested by staff.
Rountree: Second.
De Weerd: Okay. I have a motion and a second to approve Item 16 with the comments
as stated. Is there any discussion? Hearing none, Madam Clerk, will you, please, call
roll.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea.
MOTION CARRIED: ALL AYES.
Item 17: Public Hearing: RZ 07-013 Request for a Rezone of 1.76 acres from L-
O to C-N zone for Strada Bellissima Commercial by Strada Bellissima
Commercial, LLC - NWC of Meridian Road and Victory Road at 114 and
156 West Victory Road (Lots 2 & 3, Block 2, Strada Bellissima No. 1
Subdivision):
De Weerd: Thank you. Items 17 and 18 -- or Item 17 is a Public Hearing on RZ 07-
013. I will open this Public Hearing with staff comments.
Meridian City Council
March 4, 2008
Page 39 of 52
Canning: Madam Mayor, Members of the Council, this is the Strada Bellissima
Commercial project. You are hearing this upon reconsideration of your December 18th,
2007, Public Hearing. The property is located on the north side of Victory Road just
west of Meridian Road. The applications before you tonight are only the annexation and
zoning of 15.49 acres to C-N zoning. The Council at that December hearing also acted
upon the Comprehensive Plan amendment. This was the original graphic. As you can
see it was R-4 zoning at the time -- or, I'm sorry, it was residential designation at the
time. You approved a change of those properties to an office designation at your
December hearing. The request tonight is to rezone 1.76 acres from L-O to C-N. The
existing L-O zoning was achieved through a planned development previously. The
applicant is requesting the rezone to allow retail and restaurant uses on this site. The
Comprehensive Plan amendment -- or, I'm sorry, I already noted that. The Planning
Commission recommended approval at their November 1st, 2007, Public Hearing.
Michael Crawford spoke in favor of the application as the representative for the
applicant. No one spoke in opposition. Na one commented. And there was no written
testimony, aside from the applicant. Key issues of discussion by the Commission --
several Commissioners felt that drive-thru establishments could impact the surrounding
neighborhood. However, no changes were recommended to the staff report. So, there
were no key changes to staffs initial recommendation. Staff did received -- staff didn't
receive written testimony prior to your previous hearing, but did receive a few phone
calls from neighbors in the vicinity that are concerned about commercial uses and traffic
an the site. In the request for reconsideration the applicant supplied additional
information on the relationship between the subdivision and the adjoining church and
their joint efforts at traffic management. The outstanding issues for City Council coming
forward to your original hearing were the appropriateness of the proposed map change
and rezone and those remain the outstanding issues before City Council. I did want to
briefly summarize your previous hearing. Again, Mike Crawford spoke in favor of the
application. You had testimony in opposition from Nathan Gardiner, who commented
on increased traffic, decrease in property values. You also heard from Kelly Kunzweiller
about access and church traffic through the neighborhood. You heard from Kathy
James who felt deceived by the developer. You heard from Julie Bingham about
neighborhood safety for children with the increase in traffic. And you heard from Kelly
Steves, who was not noticed for hearing and the church access points onto Meridian
Road were a concern. Key issues of discussion by the Council at your previous hearing
were the permitted and condltlonal uses for the C-N zoning district. The office uses
were allowed along Meridian Road as part of the PUD use exception approval and there
was discussion about that. And Council wanted further explanation regarding the
transition from an office use to a commercial use next to residential. Your previous
Council decision, as I mentioned earlier, you approved the Comprehensive Plan
designation to change the area from -- to office rather than -- or from residential to
office, rather than the requested commercial. But, then, Council denied the rezone
request to commercial. My concern with this reconsideration hearing is that Council
approved a Comprehensive Plan amendment to change this designation to office. The
Meridian City Council
March 4, 2008
Page 40 of 52
requested rezone to neighborhood commercial is not consistent with the recently
approved Comprehensive Plan designation. So, I think that because the
Comprehensive Plan wasn't requested for reconsideration, that went forward. So, we
are stuck in a little bit of a predicament tonight with regard to consistency with the
Comprehensive Plan. And with that big whopper at the end I will end my presentation
and answer any questions that Council may have.
De Weerd: Thank you fvr the whopper. Council, any questions?
Bird: I have none.
De Weerd: Before I ask the applicant to come forward, are our two young men in our
front Boy Scouts completing a requirement? You have sat through a good portion of
our meeting, so I wanted to offer you City of Meridian pins before we made you stay the
whole end and for your tenacity of being here tonight. So, if you want to come and get
those. And good luck on your badge. Thank you far being here. It's not very often that
we have young people of your age that actually last this long, so -- and stay awake.
You know, we think it's exciting, but not all do. So, thank you. Okay. At this point I'd
like to invite the applicant forward. If you will, please, state your name and address for
the record.
Evans: My name is Richard Evans. I'm at 9560 West Pebble Brook Lane in Garden
City.
De Weerd: Thank you.
Evans: I guess the request for this rezone of Lots 2 and 3, it shows three lots, but we
acquired the -- the south parcel and it's now two lots. It's Lots 2 and 3. That -- that
entire area there it seems to be going medical. There is interest in putting a pharmacy
in there. Nat necessarily adrive-thru pharmacy, but the doctors in there have interest in
that. That would also benefit the neighborhood as well. We have several things that
would restrict the type of businesses that would go in there under a C-N zoning. One is
the four spaces per thousand parking that we already have. If they can't live with that,
they can't come in, because we don't have anymore parking than that. The traffic going
to and from the area really doesn't ga through the residential area, it goes in on Alfoni
and, then, they ga right on West Galvoni Drive into the -- into the current L-O zoning
area. So, there is not increased traffic like you -- evidently, the church people to the
north in Valley Shepherd come down Alfoni and back it up. That would not be the case,
because there is na reason to go on that road to go into the L-O area. So, I don't think
the traffic issue is a valid issue. There are some uses that would actually have less
traffic than the dentist that we are getting in there now. They seem to really turn aver a
lot of traffic themselves. So, there is a possibility you'd have a net loss in traffic, not a
Meridian City Council
March 4, 2005
Page 41 of 52
net gain. Depends who comes in, so -- I'm just trying to think if there is any other points
I wanted to mention. Are there any questions of me?
De Weerd: Council, any questions for the applicant at this time?
Bird: I have none.
De Weerd: Okay. Thank you.
Evans: Thank you.
De Weerd: Okay. I do have a number of people that have signed up on this sheet. If
you would like to provide testimony when I call your name, please, come forward at that
time. Aaron Neal signed up against. Okay. Joni Neal signed up against. Kathy James
against. Thank you. Brad Frazier against. Darlene Wheeler against.
Wheeler: I'm Darlene Wheeler. 2857 South Alfoni.
De Weerd: Thank you.
Wheeler: And, obviously, I'm on Alfoni Way, one of the residents that is impacted by
this. The first thing I would like to point out is the applicant is also our homeowners
association president currently. So, there seems to be a little bit of dual representation.
I am right here on Alfoni. We are the third house in from Maestra. Maestra is the only
access point currently into off of Meridian Road. It serves both the Valley Shepherd
Church and also serves the entire subdivision and also serves Bear Creek as a cut-
through point in from Meridian Road through into Bear Creek. So, there is a lot of traffic
on Alfoni Road right now, as Ada County Highway District is aware of. One thing that
isn't represented very well on this picture is the fact that the way that this is set up right
now is that Alfoni -- the cut through into this commercial area right here, the driveway
into that is a straight shot along Alfoni. As what is happened right now and has been
noticed is the fact that a lot of the church parishioners use Alfoni as a direct shot out
here onto Victory Raad and the same thing is going to happen with this commercial,
they will come down Meridian and this becomes a quick cut through to get into this
commercial lot. They wouldn't use Meridian Road and come dawn to this traffic light
and have to make a right turn to come into here. And that's been noticed already with
the church participants and we expect the same thing will happen again once that turns
into a commercial lot, if it does. So, we are very much opposed to it.
De Weerd: Thank you. And I would also note for the record we do have two letters in
front of us as well from Aaron Neal and Jodi Neal, so -- okay.
James: Kathy James. 2825 South Garibaldi, Meridian. 83642.
Meridian City Council
March 4, 2008
Page 42 of 52
De Weerd: Thank you.
James: It's only been two and a half months since the developer's zoning request was
denied. At that time this Council made it perfectly clear that only L-O was the correct
zoning in compliance with the Meridian's Comprehensive Plan. The subdivision is
residential and L-O is allowed as a buffer for the homes from -- to buffer them from
Meridian Road. Yet, the developer has been advertising Lots 2 and 3 as being zoned
C-N and he full well knows they are not. When this was brought to his attention he
pawned it off as a mistake by the realty company. As far as I'm concerned that's a lot of
poppycock. Realty agents get their information far their listings from the developer, not
the other way around. Also, I have a copy here of what has been on the Internet and
also a letter from your Anna Canning to Darlene who just spoke. I'd like to enter them.
And I have also highlighted what is particular to what I'm talking about here. In addition,
according to the letter from Anna Canning, your planning director, to Darlene, our traffic
problem on Alfoni and Maestra are largely the result of the developer's own requests, so
he could have access off of Maestra and, therefore, develop the business park. The
letter also indicates that the traffic from the church was intended to travel south on
Alfoni through the subdivision. He established the traffic patterns and all of it comes
through the subdivision. A C-N zoning would allow such thing as restaurants or retail
stores, like a Mavericks or 7-Eleven_ And, in addition, there is another real laundry list
of items that are permitted, not conditional, under that zoning. All of that, if it was
changed, would also add to our already bad traffic problem an Alfoni and Galvoni. In
fact, the worst traffic area in the whole subdivision is the earner of Orso and Alfoni,
which just happens to be the spot where the developer himself placed the tot lot. Good
planning. If you grant him C-N zoning far Lots 2 and 3, even more traffic will come off
Meridian Road and be funneled directly down to Lots 2 and 3. L-O zoning typically
results in increased traffic and noise 9:00 to 5:00 week days. But a C-N zoning would
increase traffic and noise up to 24/7.
De Weerd: Mrs. James.
James: We already have bad traffic problems due to -- due to poor traffic engineering
on the developer's part. We have got traffic coming from Bear Creek. We will also have
traffic coming through our subdivision where it's on the map it's shown as R-S, that is
under construction as Shepherd's Creek. They are landlocked. Their only access is
through Bear Creek or Strada Bellissima.
De Weerd: Mrs. James, can I ask you to summarize, please.
James: Oh. Sure. I'm almost -- I'm almost finished.
De Weerd: Okay. Thank you.
Meridian City Council
March 4, 2008
Page 43 of 52
James: Basically, I wanted to say, please, don't exacerbate our traffic problems and
deny this request. Thank you.
De Weerd: Well, thank you. Chuck Wheeler signed up against. Thank you, sir. Gary
Wentzel.
Neal: Sorry, I thought we were just saying that we were here and, then, you were going
to let us speak.
De Weerd: Okay.
Neal: I'm Joni Neal. I live at 338 West Galvoni. The reason that I'm opposed to it is
because if you actually go onto Victory Road and -- or onto Victory Road and go right
up, I am the third lot on your right-hand side. This is the route that me and my children
take to the park. If you opened that and even into apharmacy -- we have a pharmacy
on Walgreen's on the corner of Overland and Meridian Road. I don't see that it should
be necessary. This is a residential area and we all agreed to the terms. I agreed to my
CC&Rs and agreed, you know, that I would have so many plants and so many shrubs
and we moved into that subdivision thinking that it was going to be just, you know, pretty
much like business banking hours, which is fine, because most of us do work and the
times when we do get home we can go to the park or on the weekends and this is -- you
know, I have got two little children and I just wouldn't have moved here. It's upsetting.
Thank you.
De Weerd: Thank you. Okay. Gary Wentzel signed up against. And Chris Wentzel
also against. I hope I said your last name right. Well, good. There is always a first.
Scott and Lori Shepherd signed up against. Douglas L. James signed up against.
Steve Kunzweiler signed up against.
Kunzweiler: This is prepared, so some of this has already been discussed, but --
Madam Mayor, Members of the Council --
De Weerd: Sir, if you will --
Kunzweiler: Steve Kunzweiler. My address is 2989 South Alfoni Way, Meridian, Idaho.
83642.
De Weerd: Thank you.
Kunzweiler: I'm here tonight to express my opposition to this rezone application. If the
property were to be rezoned from light office to neighborhood commercial, the
developer could develop the property either under the strict zoning or through a
Meridian City Council
March 4, 2008
Page 44 of 52
Conditional Use Permit as a drive-thru, a drinking establishment, a gas station, a
mortuary, a retail store, and many other things that are provided for within the code. I
believe that these uses are inconsistent with the medium densities, single family
development that is Strada Bellissima. Given that the property is subject to this
application and take their access from within Strada Bellissima Subdivision, and not
from Victory or Meridian Roads. The impacts associated with this rezone would be
increased traffic, noise, odor, litter, lighting, and many other nuisances associated with a
commercial property -- with commercial properties that are unbuffered from residential
areas. As you know, the residents of Strada Bellissima are already frustrated with the
traffic circulation planning between the developers of Strada Bellissima and the
Nazarene Church. The church is funneling nearly all of their incoming and their
outgoing traffic through Alfoni Way to access the signalized intersection of Victory and
Meridian Roads. By opening the door to a more intensive land use on the subject
parcels, you would be making the traffic on Alfoni Way insufferable. The street was not
designed to be an urban collector and the residents residing on it certainly don't want it
to function as such. With that being said, I respectfully request your denial of this
rezone application. In addition, I would like to request that the Council deny any future
reconsiderations of this application. The time that the residents have put into
neighborhood meetings, collaboration of responses, and attendance at Planning and
Zoning and City Council meetings, has been a burden that we would like to know has
come to an end tonight. Thank you for consideration.
De Weerd: Thankâyou. Kelly Steves signed up against. Tim Olsen signed up against.
Olsen: My name is Jim Olsen. 3024 South Alfoni Way. An inordinate -- I shouldn't say
that. A considerable amount of time was spent this evening addressing safety issues in
the previous parcel out on the north side of town and the majority of the comments
centered on the safety of the children. Within a couple of houses of the intersection of
Alfoni Way and Orso there are over 20 toddlers and by that I mean less than middle
school age. The volume of traffic going through those streets, either as a quick cut
through to get to Bear Creek or to get down to the commercial areas at the south end
right off of Victory Road, seems to increase almost exponentially as we continue. There
is considerable construction currently right on. Meridian Road with the development of
the commercial and properly zoned professional buildings in the L-O area. We expect
that -- the construction clutter to decrease as those buildings are completed, but we are
concerned as a neighborhood, as Mr. Kunzweiler has articulated, that a continuing
influx of clients and customers of a mare liberally zoned south end of our street is going
to do nothing but exacerbate an existing condition and we are critically concerned. I
moved to this neighborhood from out of state. We were within an eyelash of closing on
three other properties and we closed in this particular area specifically because we fell
in love with it and that feeling has been articulated by several of our neighbors where
we could have settled elsewhere, but we settled here. The point I wanted to make is
the community that I moved from was, in many respects, like Meridian, although it was
Meridian City Council
March 4, 2008
Page 45 of 52
more populated, and time and time again -- I lived in my previous home for over 20
years, which is very uncommon. In that community there were traffic patterns, there
were concerns expressed, there were hazards noted, but nothing happened until there
was fatality or multiple fatalities or debilitating injuries. I think it is incumbent upon us as
a community and a neighborhood, if we are going to devote the amount of attention that
we have earlier this evening to the safety of our children, that that should be a universal
consideration and not a differentiated consideration. Thank you for your opportunity --
this opportunity to express myself.
De Weerd: Thank you. Nathan Gardiner. Gardiner.
Gardiner: Gardiner:
De Weerd: Well, that was easier than I made it out to be, uh? Signed up against.
Gardiner: All right. Madam Mayor and Council Members, my name is Nathan Gardiner.
I live at 3041 South Alfoni Way in Meridian, Idaho.
De Weerd: Thank you.
Gardiner: I am against the proposed change in zoning for Lots 2 and 3, Block 2, Strada
Bellissima No. 1 Subdivision, for the following reasons: First, the proposed change will
negatively impact the safety of residents of Strada Bellissima, especially the children.
As has been mentioned, there is over 20 small children that live on Alfoni Way. The
traffic has already become a safety hazard and changing the zoning will just make it
worse. There will be more traffic not only during the day, but in the evening as well, and
during the summer when the days are longer, children can be seen riding their bikes in
Strada Bellissima at 10:00 p.m. Number two. The proposed change will increase
noise, litter and perhaps obnoxious smells in Strada Bellissima. What is being
proposed is a higher intense use. At the hearing on December 18th of last year it was
recognized that a C-N zone is for a higher intense use than the L-O zone. With that
higher intense use., comes increased traffic, noise, and litter. And depending on the use,
it can increase smells, such as those from fried grease or fuels that can blow through
the subdivision. And it was quoted in the hearing on December 18th from the pre-
application notes, quote: C-N is higher intense use and there will be nothing to buffer
residential from commercial. End quote. Number three. The proposed changes,
contrary to the normal expectations created by a planned development. A planned
development like Strada Bellissima creates a certain expectation in people that are
intended to get them to invest or buy into the development. Those expectations are
created by land use designations and zonings, as well as the subdivision covenants and
restrictions. For example, if you lived in a planned development, you don't expect your
neighbor to be able to turn his home into a restaurant or dollar store. Associated with
those expectations is a reasonable degree of certainty that the rules won't change after
Meridian City Council
March 4, 2008
Page 46 of 52
you have made a substantial investment in your property. Yet that is what the proposed
change would allow. And if the developer of Strada Bellissima wanted different zoning
or land use designations, he should have made those changes before he started selling
lots. Number four. The proposed change will make homes less marketable and
decrease property values within Strada Bellissima. My wife and I bought our home on
South Alfoni Way about a year ago. All of the homes in Strada Bellissima are
expensive homes and it was a significant investment for us. Before we bought our
home my wife called to see what the zoning was. She was told it was zoned L-O or
light office along Meridian and Victory Roads. We would not have moved -- we would
not have bought our home if it were zoned for higher intense uses. And I have heard
others in the subdivision say the same thing. If the proposed change in zoning was
made that it will make our home less marketable and decrease its value. And, finally,
the proposed change is intended to benefit one entity, the developer, at the expense of
the homeowners within Strada Bellissima. The only reason given at the hearing by the
developer's representative on December 18th of last year for the proposed change in
land use designation and zoning was to provide the developer with some different uses
for marketing possibilities However, as mentioned earlier, the proposed changes
intended to provide the developer with marketing possibilities will decrease the
marketability of my home and others within Strada Bellissima. And for these reasons I
respectfully request that you reject the proposed change as you unanimously did on
December 18th of last year. And I will give this to you.
De Weerd: Thank you. Paul Morgan signed up against. Okay. Kari Shepherd signed
up against.
Shepherd: That's my son Carl.
De Weerd: Carl.
Shepherd: You called my name earlier. Lori Shepherd. And I --
De Weerd: If you will state your address as well.
Shepherd: 2834 Garibaldi in Meridian, Idaho.
De Weerd: Thank you.
Shepherd: And I moved in and Garibaldi was a cul-de-sac and I didn't know that it was
going to change. After Garibaldi went through, not only do we have people going 50
down the road, which is unsafe for kids, after that went through, which I know that this
would not have happened if it would have been a quiet cul-de-sac. We were targeted
and our house was just almost ruined. Somebody toilet papered it, but, then, they went
on to make sure that you couldn't wash it off without ruining all the landscaping and they
Meridian City Council
March 4, 2008
Page 47 of 52
put it on -- wet on the windows, on the door, with sticky stuff, which ruined our paint.
They defecated on the toilet paper on our lawn. They put red stuff on my neighbor's
and my mailboxes that smelled like -- just a really bad smell that we couldn't get off.
And that would not have happened if it would have been a nice quiet cul-de-sac. And if
you let mare traffic in, it's going to get worse and I'm really against that. Thank you.
De Weerd: Stacy Morgan signed up against. Tracy Reidell signed up against. And
Dan also sign up against. And Shannon Gardiner signed up against. Now, those are
the names that are signed up on this document. Is there anyone else who would like to
provide public testimony on this application? Council, before I ask the applicant if he
has wrap-up remarks, do you have any questions for staff at this time?
Bird: I have none.
Rountree: I have none.
De Weerd: Okay. Would the applicant like to summarize and respond.
Evans: I would like to note that the --
De Weerd: If you will, please, state your name for the record.
Evans: Richard Evans.
De Weerd: Thank you.
Evans: Do you want my address?
De Weerd: We have that. Thank you.
Evans: Okay. The construction they are speaking of on Meridian Road is being done in
an easement that I gave to the city for a sewer main. So, I'm not involved with that
construction. I don't toilet paper homes. I don't live in Orso or on the -- in Bear Creek.
The rand system was put in per ACRD requirements and recommendations. So, a lot of
these complaints that we are hearing about tonight are typical development procedure
items that are done in every subdivision. I don't believe that people pull in off of
Meridian Road and drive down Alfoni to ga to the dental office an the corner of Victory
and Meridian. So, the traffic that's being generated on South Alfoni is not coming from
the L-O zoning. It's not doing it. There is a dentist and a chiropractor in there currently
and they don't generate the kind of traffic these people are talking about. Those are the
only two businesses that are open. Last Monday we opened up a medical center on Lot
6 and I think they get about six cars a day now. So, the traffic they are talking about is
not from the L-O zoning, it's coming from the church. It's coming from neighbors in Bear
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March 4, 2008
Page 4i3 of 52
Creek, in the R-8 area to the north there, the high density area, that was always
designed by ACRD, that cul-de-sac was always there. That traffic's going to go through
the subdivision with or without a zoning change in the L-O area. Any questions?
Thank you for your consideration.
De Weerd: Council, any questions?
Rountree: No.
Bird: I have none.
De Weerd: Okay. Thank you.
Evans: Thank you.
De Weerd: Okay. Council, there is no further public testimony. The applicant has
concluded his remarks. Is there any further information needed or comments? If not --
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I move we close the Public Hearing on Item 17.
Rountree: Second.
De Weerd: I have a motion and a second to close the Public Hearing on Item 17. All
those in favor say aye. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
De Weerd: Discussion?
Rountree: Madam Mayor, we reconsidered this particular application from a previous
decision based on information that we might hear something different. I didn't hear
anything different tonight. So, I'm inclined to reaffirm our previous decision, at least
that's my position. I don't know about the rest of the Council.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Meridian City Council
March 4, 2008
Page 49 of 52
Bird: I couldn't agree more. I haven't heard any -- the reason we considered it was the
applicant had new things. I believe it needs to stay L-O and that's what we decided
before and I'm not -- I haven't seen anything to change my mind.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I would join in that thought and also the thought proposed by a couple of
people testifying that no ought to mean no and be the end of it. Unfortunately, in our
system of democracy no often means try again. And we do try and listen with an open
mind, but I agree with the other councilmen, I have not heard anything that changes my
mind from the previous. Unless Councilman Borton would like to say something, I'm
prepared to make a motion.
Bortan: Fire away.
Nary: Madam Mayor?
Zaremba: Madam Mayar, I --
De Weerd: Mr. Zaremba, hold on for a moment.
Zaremba: I'm sorry.
De Weerd: Mr. Nary.
Nary: Madam Mayar, Members of the Council, maybe prior to you making your motion,
the applicant's request for reconsideration was based on their belief at the time when
the original decision was made that the focus of the discussion and the testimony was
based on traffic related to the church and the use of the Nazarene property as relation
to those streets, Galvoni and South Alfoni Way. Mast of the testimony tonight has been
related to this parcel and the traffic related to those streets for this parcel and not to the
church. If that's the Council's decision that that's your reason, then, maybe you would
include that in the motion, that it is based on this parcel. And so it's clear to both the
applicant, as well as anyone else who reads the record, that that's the basis far your
decision and it's not based on something else as he perceived previously.
De Weerd: Okay.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Meridian City Council
March 4, 2008
Page SO of 52
Zaremba: I move that we deny RZ 07-013, based on staff and applicant and public
testimony and specifically relating to only this project and reaffirming that the proper use
of this buffer zone is as an L-O use and its intent to buffer residential from the busy
Meridian Road and that it would be improper, regardless of whether there was a church
north of this or not, to increase the intensity of use an this property. 50, my motion is to
deny RZ 07-013.
Rountree: Second.
De Weerd: Okay. I have a motion and a second to deny Item No. 17. Is there any
discussion? Hearing none, Madam Clerk.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea.
De Weerd: Okay. All ayes.
MOTION CARRIED: ALL AYES.
Item 18: Ordinance No. 08-1352 RZ 07-015 Request for a Rezone of
.28 of an acre from an R-8 residential zone to an O-T zone for 6t" and
Broadway Property by Linda Loehr - 532 East Broadway Avenue:
De Weerd: Item 18 is Ordinance No. 08-1352. Madam Clerk, will you, please, read this
ordinance by title only.
Holman: City of Meridian Ordinance No. 08-1352, an ordinance finding that Linda
Loher, the owner of certain real property has made a written request for a rezone of the
zoning classification RZ 07-015, 6th and Broadway, for real property being Lats 19 and
20 of Ellis Subdivisiion, as recorded in the Plat Book 2 at page 63, official records of Ada
County, Idaho, also being a portion of and situated in the northeast one quarter of the
southwest one quarter of Section 7, Township 3 North, Range 1 East, of the Boise
Meridian, Ada County, Idaho, as described in Attachment A of this ordinance and
rezoning certain lands and territories situated in Ada County, Idaho, and within the
corporate limits of the Gity of Meridian and rezoning the land use zoning classification Uf
said land from R-$, Medium Density Residential District, to OT, Old Town District, in the
Meridian City Cade, 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, Madam Clerk. You have heard this ordinance read by title only.
Is there anyone who would like to hear it read in its entirety? Seeing none --
Meridian City Council
March 4, 2008
Page 51 of 52
Bird: Madam Mayor?
De Weerd: Yes, Mr. Bird.
Bird: I move we approve ordinance 08-1532, with suspension of rules.
Rountree: Second.
De Weerd: I have a motion and a second to approve Item 18. If there is no discussion,
Madam Clerk, will you, please, call roll.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Item 19: Executive Session per Idaho State Code 67-2345(1)(b) - (to consider
the evaluation, dismissal or disciplining of, or to hear complaints or
charges brought against, a public officer, employee, staff member or
individual agent, or public school student) & (f) (to consider and advise its
legal representatives in pending litigation):
De Weerd: Item 19 is an Executive Session. Do I have a motion?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we go into Executive Session as per Idaho State Code 67-2345(1)(b) and
(1)(f).
Rountree: Second.
De Weerd: I have a motion and a second to adjourn into Executive Session. Madam
Clerk, will you, please, call roll.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea.
MOTION CARRIED: ALL AYES.
EXECUTIVE SESSION:
Meridian City Council
March 4, 2008
Paye 52 of 52
De Weerd: Okay, I would entertain a motion to come out of Executive Session.
Rountree: So moved.
Borton: Second.
De Weerd: All those in favor say aye.
MOTION CARRIED: ALL AYES.
De Weerd: Motion to adjourn?
Rountree: So moved.
Zaremba: Second.
MOTION CARRIED: ALL AYES.
MEETING ADJOURNED AT 10:18 P.M.
(TAPE ON FILE OF THESE PROCEEDINGS)
APPROVED:
MAYOR T Y De WEERD
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