HomeMy WebLinkAbout2008 10-14Meridian City Council Meeting October 14, 2008
A meeting of the Meridian City Council was called to order at 7:00 p.m., Tuesday,
October 14, by Mayor Tammy de Weerd.
Members Present: Mayor Tammy de Weerd, Keith Bird, Charlie Rountree, Brad
Hoaglun, and David Zaremba.
Others Present: Ted Baird, Bill Nary, Jaycee Holman, Caleb Hood, Joe Silva, John
Overton, Steve Siddoway, Clint Dolsby, and Dean Willis.
Item 1: Roll-call Attendance:
Roll call.
X David Zaremba X Brad Hoaglun
X Charlie Rountree X Keith Bird
X Mayor Tammy de Weerd
De Weerd: I will go ahead and call this meeting to order. I apologize, I will stand
through much of the meeting, because my back can't take the sitting part. So, welcome.
We appreciate you joining us here tonight. For the record; it is Tuesday, October 14th,
at 7:00 o'clock. We will start tonight's meeting with roll call attendance.
Item 2: Pledge of Allegiance:
De Weerd: Item No. 2 is the Pledge of Allegiance. If you will all rise and join us in the
pledge.
(Pledge of Allegiance recited.)
Item 3: Community Invocation by Christian Buhler -Verona Ward LDS
Church.
De Weerd: Item No. 3 is our community invocation. Tonight we will be led by Christian
Buhler and he is with the Latter-day Saints of Verona Ward. If you will, please, come
forward. We ask you to join us in the community invocation or take this as an
opportunity for a moment of reflection. Thank you.
Buhler: Our Heavenly Father, we are so grateful to be here and we are grateful for the
leaders of this great city and the efforts that they put into making this a better
community for everybody that lives here. We are grateful for the leader of this great
nation and we ask a special blessing to be upon this nation as we are going through
moments of trial and tribulation, that we will see thy hand and look to three for guidance.
We ask a blessing upon the councilmen and the members and leaders of this
community, that they will serve and magnify the positions to which they fill and that they
will do so in an ethical and prudent manner and that they will look out for the best
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Meridian City Council
October 14, 2008
Page 2 of 40
interest of the community members and we pray for these things in the name of thy son,
Jesus Christ, amen.
Item 4: Adoption of the Agenda:
De Weerd: Sir, if I could present you with a City of Meridian pin and thank you for
leading us. Okay. Item No. 4 is adoption of the agenda.
Zaremba: Madam Mayor?
De Weerd: Yes, Mr. Zaremba.
Zaremba: Let's see. For the adoption of the agenda, no changes to the Consent
Agenda. Just a note that on Item 6-B, what's listed as a Finance Department report is
actually going to be a Public Works department report. Item 10, which is PP 08-008, for
Trade Plaza, the applicant has requested to withdraw that. That, I believe, are the only
changes to the agenda and with that I move to adopt the agenda.
Rountree: Excuse me, Bill --
Zaremba: I'm sorry.
Rountree: Mr. Zaremba. We will need to add another Item to the agenda.
Zaremba: Okay.
Rountree: And we didn't get it down to you yet, but it would be Item 14 and it would be
for a potential personnel action. Potential personnel action.
Zaremba: Okay.
Rountree: With that, David, you can --
Zaremba: All right. So, Item 14 is a potential personnel action added to the agenda.
And with those amendments I move we adopt the agenda.
Rountree: Second.
Bird: Second.
De Weerd: I have a motion and a second to adopt the agenda as amended. All those
in favor say aye. All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
Item 5: Consent Agenda:
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Meridian City Council
October 14, 2008
Page 3 of 40
A. Utility License Agreement with North Slouah Lateral Users
Association for Meridian Fire Station No. 5:
B. Professional Service Aareement with MWH Americas Inc for
Engineering Services:
C. Amendment No. 5 to the Aareement for Desian Services and
Services Durina Construction for the Citv of Meridian Bitter
Creek Lift Station and Pipelines Proiect with CH2M HILL for
$43,000.00:
D. Agreement with M.R. Miller. Inc. for Five Mile Creek
Restoration Proiect for $39,740.00:
E. Approve Beer and Wine License Transfer of Owner from Luke
Capital Investments Inc. to Star Capital Investments, LLC Dba
Groove Coffee; located at 1800 N. Locust Grove Rd., Suite E.,
Meridian, 83642:
De Weerd: Item 5 is our Consent Agenda.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I move we adopt the Consent Agenda as published.
Bird: Second.
De Weerd: And the Mayor to sign?
Zaremba: And for the Mayor to sign and the clerk to attest.
Bird: Second agrees.
De Weerd: Okay. We have a motion to approve the Consent Agenda. If there is no
discussion, Madam Clerk, roll call.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
MOTION CARRIED: ALL AYES.
Item 6: Department Reports:
A. Legal Department:
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Meridian City Council
October 14, 2008
Page 4 of 40
1. Recommendation from SWAC for Community Recycle
Fund to The Idaho Foodbank for $19,500.00:
2. Recommendation from SWAC for Community Recycle
Fund to Hope Arms Apartments for $10,611 for
Playground Equipment:
3. Recommendation from SWAC for Community Recycle
Fund to Compass Public Charter School for $6,000.00:
4. Recommendation from SWAC for Community Recycle
Fund to Woodbridge HOA (No funding recommended):
5. Discussion of SWAC Funds:
De Weerd: Council, we have under Item 6-A, Department Reports, a Legal Department
report regarding our Solid Waste Advisory Committee fund and we -- I do have a couple
of questions. So, I would ask if we could put this to the end of our agenda when our city
attorney Bill Nary should be here, so we can ask questions about these items.
Bird: No problem with me.
Rountree: That's fine.
De Weerd: Okay.
Baird: Madam Mayor?
De Weerd: Mr. Baird.
Baird: Do you want to put that as that 12-B, before the Executive Session, so you
would have that out of your way?
Rountree: That would be good and not at the end of the agenda.
De Weerd: Okay.
Zaremba: Madam Mayor, was that all five items or just --
De Weerd: Yes.
Zaremba: Okay. Do you want a motion?
De Weerd: I --
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Meridian City Council
October 14, 2008
Page 5 of 40
Rountree: Yes.
Zaremba: I move we move Item 6-A, one, two, three, four, five, later in the agenda to
take the place as 12-B.
Hoaglun: Second.
De Weerd: Okay. I have a motion and a second to delay Item 6-A, one through five, to
the 6-B -- or 12-B. All those in favor say aye. All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
B. Finance Department
1. Budget Amendment for Public Works Department for
Surface Well Maintenance for $90,000:
De Weerd: 6-B our Public Works Department. Clint.
Dolsby: Madam Mayor, Members of the Council, this line item budget amendment is for
money that was budgeted in 2008 for the rehab of two wells, Well 7 and Well 8 that was
not carried forward to '09. We have been in communication with the Finance
Department and in order- to bring the budget back that we already had, we need a
budget amendment to do that.
De Weerd: Okay. Council, any questions?
Bird: I don't.
Rountree: Just a budgeting oversight, apparently. Madam Mayor, I would move that
we approve the budget amendment for Public Works in the amount of 90,000 dollars.
Bird: Second.
De Weerd: Okay. I have a motion and a second to approve Item 6-B-1. If there is no
discussion, Madam Clerk.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
MOTION CARRIED: ALL AYES.
Item 7: Items Moved from Consent Agenda:
De Weerd: Okay. There were no items moved from the Consent Agenda.
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Meridian City Council
October 14, 2008
Page 6 of 40
Item 8: Public Hearing: SHP 08-007 Request for Short Plat approval for 157
condominium units in 13 buildings in an I-L zone for Storage Condos by
Ron Ramza - 658 North Principle Place:
De Weerd: So, we will move to Item 8, SHP 08-007. I will open this public hearing with
staff comments.
Hood: Thank you, Madam Mayor, Members of the Council. Item No. 8 is a short plat
for storage condos. There is a vicinity map of the subject site. The mailing address is
658 Principle and it's located generally south of Pine, which doesn't show up as being
labeled very well on this map, so let me -- so, there is Pine. Here is Eagle. And the
subject site is right there. It is a request for approval of 157 condominium units within
13 storage buildings on seven acres in an industrial zone. Three of the buildings have
already been constructed. One, two, three, have already been constructed. Two
others, I believe, this one and this one, are in the permitting process currently. And,
then, the remaining buildings will be constructed with future phases. Staff is
recommending approval of the condominium plat with the conditions stated in the staff
report. We do have a letter from the applicant stating that they are okay with the
conditions as well, but I will let them -- I see there is a few in the audience, but I will let
them speak for themselves. With that I will stand for any questions you may have.
De Weerd: Okay. Council, any questions at this time?
Bird: I have none.
Rountree: I have none.
De Weerd: Okay. I would ask the applicant to come forward. Would you, please, state
your name and address.
Notiyuki: Scott Noriyuki. 730 South Bridgeway Place.
De Weerd: Okay. Thank you.
Noriyuki: We are agreeable with all of staffs conditions and stand for any questions.
De Weerd: Okay. Council, any questions for the applicant?
Bird: I have none.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
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Meridian City Council
October 14, 2008
Page 7 of 40
Zaremba: I would comment that I don't know the applicant, but I have a neighbor who is
one of your customers in the storage condos in Boise who has been raving about this
for years. I think it's an interesting and excellent concept and welcome to Meridian.
Noriyuki: Thank you. Thank you.
De Weerd: Okay. If there is no further questions. Thank you. We appreciate you
being here. Is there any further testimony on this application? Seeing none, Council, if
there is no further questions for applicant or staff, I would entertain a motion to close.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I move we close the public hearing on SHP 08-007.
Rountree: Second.
De Weerd: I have a motion and a second to close the public hearing on Item 8. All
those in favor say aye. All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: Having heard all staff and applicant testimony and giving the opportunity for
public testimony, of which there was none, I hereby move that we approve SHP 08-007
with all staff comments.
Rountree: I'll second that and request discussion.
De Weerd: Okay. Discussion.
Rountree: Caleb, could you, just for some of us inexperienced folks up here, give a 30
second tutorial on short platting and what that means for our newest councilman.
Hood: Sure. You bet. This subject short plat and short plats in general, there are really
two different forms of short plats. This one happens to be a condominium version. So,
of the 13 buildings that are on the screen now, the applicant's proposing to subdivide, if
you will, those buildings into smaller units and sell those units -- not the ground below,
but just the airspace within the units, to individuals that wish to purchase them and their
goods that they can't otherwise store at home or where ever the case may be. So,
that's the subject application. Just -- I don't know if that's all of 30 seconds, but the
other form of short plats that we have -- actually, you can take a commercial or
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Meridian City Council
October 14, 2008
Page 8 of 40
industrial or Old Town zoned property and subdivide that into four lots, subdivide the
ground, without having to go through the whole preliminary and final plat process. So,
those are two forms of short platting.
Hoaglun: Thank you.
De Weerd: Thank you, Caleb. Okay. We are in the discussion mode on Item 8. If
there is no further discussion --
Rountree: I have nothing.
De Weerd: Okay. Madam Clerk, will you, please, call roll on Item 8.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
Item 9: Public Hearing: MDA 08-004 Request to Modify the Development
Agreement for Southridue Subdivision by Linder 109 LLC /Jim Jewett -
south of Overland Road between South Ten Mile Road and South Linder
Road:
De Weerd: Item 9 is a public hearing on MDA 08-004. I will open this public hearing
with staff comments.
Hood: Thank you, Madam Mayor, Members of the Council. Item No. 9 is not going to
be quite as simple as Item No. 8. Although I think we have worked through quite a few
of the things with the developer and I want to just highlight a couple of things here.
Bear with me one second. So, the application before you as Item 9 is a development
agreement modification for Southridge Subdivision. It's located on the south side of
Overland Road between Linder and Ten Mile. So, the scale of this map probably
doesn't do the project justice. It does course this entire one square mile from east to
west and takes up approximately another half mile north to south. In 2007 the subject
property was annexed and zoned with a multiple zoning designation. There was an
associated development agreement that was a part of that approval for annexation of
that property and that's what's being modified this evening with the subject application.
There are two -- in 2007 was approval for a preliminary plat and we will talk about the
preliminary plat and the mega lot concept that was associated with this application back
in 2006, 2007, here in just a minute. I will have you note there is a final plat also
towards the end of your agenda. Typically final plats would be before the public hearing
items, but that final plat is contingent upon a recommendation from the City Council on
a couple of the issues proposed in the development .agreement, to modify them and
such. So, we will go through those provisions here in just a second, but I wanted to let
you know there is another application that is also on the subject site, although it doesn't
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Meridian City Council
October 14, 2008
Page 9 of 40
encompass all 290 acres. The Planning Department recently approved a property
boundary adjustment. There were ten parcels on this property all together and they
submitted a property boundary adjustment record of survey to the planning department
and we configured some of their lots. The reason that's important is we are changing
the development agreement to not reference the mega lots and blocks that were
previously discussed. Now, we are going to have a development agreement -- or
reference these parcels that are recently created with this record of survey. At least
that's the proposal. I will also note there is a Conditional Use Permit in process
currently for a project called The Beacon at Southridge and that project is going to be in
this general location. It is actually scheduled to be heard by the Planning and Zoning
Commission this Thursday, fora 187 unit assisted living facility and church. That is
another reason why the applicant as proposed to modify the development agreement.
That wasn't currently part of the original concept plan. And as I mentioned, there is a
final plat at the end of the agenda as well to plat the first phase -- the first 32.6 acres of
this property. So, the major changes proposed -- I already touched on one -- was the
elimination of the mega lot concept. Before they had huge mega lots, entire lots, and
what in most subdivisions would be a four or five final phases and they weren't quite
sure what the exact street configurations would look like or lot configurations would look
like, so we kind of put the mega lot designation on those areas and said come back in
with preliminary and final plat on those when you -- when you do have a plan. We did
give them the applicable zoning, based on the concept plan, but, again, there weren't
details as far as what the lots would look like or -- street systems are generally
consistent, but weren't truly evaluated for conformance with UDC and so forth. Today,
rather than platting all the parcels, the applicant is proposing that property boundary
adjustment -that I mentioned earlier and some of the parcels will be able to move
forward in the building process through this property boundary adjustment process. The
first parcel, again, would be parcel two, which is the assisted living development that's
proposed. There are a couple of others that the applicant is proposing just to allow him
to go straight to development or if required a Conditional Use Permit, but not require the
platting of. And let me just point those areas out real quick. This is what is referenced
as parcel nine in the development agreement. So, they would like to be able to develop
that small parcel without having to plat that one. And, then, there is another parcel right
here that is slated in the concept plan, both the previous and the current, for some multi-
family and there is no reason, they believe, to subdivide that area. So, that parcel nine,
parcel five and, then, parcel two would not need to be subdivided. Parcel one is still a
large parcel which is being final platted. Again, a portion of parcel one is your first
phase final plat. This gets kind of confusing and I have had to say it three or four times
now, so I can fully understand what's going on. But I think once you kind of get your
arms around it it does make some sense. So, just kind of a little side note there. So,
the significant changes to the development agreement and the concept plan that we
proposed. The new concept plan, which is the one that says revised proposed down
below on the slide, has some pretty significant changes, although a lot of it is real
similar. The first change that I will mention is you can see Overland Road on the
approved plan was still in its original alignment intersecting Ten Mile in its today's
location and so the revised concept plan shows Overland dippy down and intercepting
Ten Mile in the new location as an arterial street. The assisted living facility, as I
Meridian City Council
October 14, 2008
Page 10 of 40
mentioned, there on Overland with a future church building, was previously planned for
multi-family and single family residential and commercial uses, so that is a change to
the concept plan. This wasn't slated for this use two years ago and isn't reflected there.
The zoning, for the most part, works for the proposed use now. We have a change
needed there, they will have to do a slight clean up in zoning, but the use as assisted
living and a church are. -- is acceptable. I do want to point out a couple of changes to
the street configurations. It's kind of hard to see, I know, on this -- on this scale, but
there was an access point to Overland Road for this L-L portion and that's no longer --
no longer the case on this portion. You can see that the -- this road has a turn around,
a public street tum around -- I can't even find it on this one. But I -- it did connect in with
Overland Road on the previous revised concept plan due to some grading issues, I
believe, and ACHD I don't think was too keen on them having that road come into the
inside of a curve. I think ACHD nixed the idea of having that road intersect. The
roadway driveway still are a public street on the other side that intersects Overland
Road. And, then, finally, the major change that I'd like to point out is just the street
configuration. The street configuration in this -- we will call it the southwest portion of
the site. And, again, I know it's hard to see, but a lot of the streets, basically, were
northeast and a southeast type direction and they have changed that to, basically,
follow the contours out there a little bit better and give these folks I think some better
view lots, I think was the main reason for that change. Same number of lots, just
different street configurations in this general vicinity. Again, they went from kind of a
northeast-southwest type direction -- or, excuse me, that's what they are now -- to go to
a northwest-southeast configuration before. You can kind of make those out. The other
thing that I'll just provide some information on is, again, back to this parcel nine area.
As was the case originally and still the case today, they don't really have the details
proposed at this point for this area. The applicant is looking at doing something a little
bit different than the R-8 zoning would allow. However, we have yet to see the rezone
and plat that shows what their vision is for that area. So, you very well may be seeing a
new revision to this plan that, basically, fills in this hole here very shortly. I think their --
the applicant's working on that right now. I think those were the main changes that I
wanted to point out to -- excuse me -- to the concept plan. Now, if -- the Council
generally likes this concept plan, it is currently referenced in the proposed DA
modification and this one will be taken out. Staff has reviewed it and, again, it's, for the
most part, consistent. I mean if you look at some of these blocks and compare them,
they are -- they are identical, particularly everything outside of parcel two and even
parcel nine is the same, because it wasn't there, but -- so, there are not a lot of changes
there. I'm going to move on, though, to some of our language in the development
agreement that's also proposed to change. In the staff report Sonya kind of took a little
bit different tact than we typically do with this. The applicant proposed language in bold
and underlined format, and things where staff didn't concur with what the applicant was
proposing she highlighted in red and either struck through there or comments or
highlighted them or whatever and typically she would put a comment in the margin as to
why she was changing that to just kind of explain why we didn't like what the applicant
had proposed. For the most part a lot of them were just slight tweaks to the language,
so it was clear to us the intent of how that specific provision would be applied to this
development. Some of them are a little bit more significant than that and those ones I
Meridian City Council
October 14, 2008
Page 11 of 40
think the applicant will probably respond to. The first one that I -- that I wanted to bring
up is that the applicant was proposing an access to Ten Mile Road where that was
specifically prohibited in the current DA. It's specifically prohibited. We talked to the
applicant and we explained to them that we cannot prove access to something we don't
know what the development plan is for, at least we don't have that development plan in
front of us to modify. So, we did strike through that portion of that provision. Again, that
property is currently zoned R-8 and what they want to do is require a rezone and a new
preliminary plat to even have us evaluate, really, an access -- the need for an access to
Ten Mile Road. One of the other changes has to do with the park that's in this vicinity
right here. It's currently a private park. That was one of the discussions that the
Council had, let's see, a little over year ago when this was approved -- a year and a half
ago when this was approved. But there is the park, the clubhouse, and the pool. We
have modified that language to still require the construction of the park and the
clubhouse and pool. It needs to be completed with -- before the applicant can develop
those for anything in here, here, or down here. Sorry, the podium is getting in the way a
little bit. But everything else, you know, they can go ahead and start developing this
and right on the comer, the first phase final plat. We wanted to make sure that some of
those amenities get put in before too many folks start moving in here and we may never
get them. So, that was one of the provisions from the original DA. We have changed
that timing somewhat, but that park and the clubhouse and the pool do need to be
platted and constructed earlier on in the process, rather than later on. To that end, too,
there is also the multi-use pathway that will go out to Linder Road and follows the
Ridenbaugh here and also that stretch at least to the park from Linder is also a
condition to be constructed earlier on in the phase -- or earlier on in the development. I
already talked about parcels two, five, eight, and nine and how they don't require
platting, but they will require the applicant or whoever purchases those, to submit
development applications, either design review, a Conditional Use Permit, CZC, plats, if
necessary, but those are legal parcels that they can develop, are inconsistent with the
other provisions in the DA. The other parcels, one, three, four, six, seven and ten, will
still require detailed preliminary plat approval. And, again, all development within this
phase needs to be consistent with the Ten Mile area specific plan. And no variances to
lot dimensions, setbacks, or block lengths are part of the approval process of this
development agreement or of any other future one. Staff is recommending approval --
or recommending a change to the timing of the preliminary landscaping requirements.
I'm not going to go back and explain all of the history, but, basically, there was a -- there
is DA provision that says that the applicant's responsible for constructing about a half a
mile of landscape buffers with the first final plat phase here and also down Linder Road.
So, about half a mile there and I think about a quarter of a mile down Linder Road is
how the DA currently reads. We have modified that somewhat. If you'd like more on
how that phasing of landscaping is proposed to go in, I can go into the details when
each section is supposed to be put in. We think it's covered pretty well. We have some
pretty good breaks with the Ridenbaugh, so we are getting this to be constructed with
the first phase. This would be constructed with any phase -- any development in this
general area and, then, back out to Ten Mile would be constructed with the
development of either one of these sides of the road. So, that's the language in a
nutshell that we have proposed for a development agreement modification. Just a note
Meridian City Council
October 14, 2008
Page 12 of 40
to -- we did increase -- allow the applicant to increase the overall density of 25 units.
Previously the range was 1,000 to 1,252. So, 1,252. With the addition of the assisted
living care facility we counted those bed units as dwelling units, so we increased the
density a little bit, but really don't believe that there is -- the increase of the 25 dwelling
units doesn't seem to have a true impact on homes. I mean people are living there,
they are dwelling there, but that still met the spirit of the provision. And, then,
elevations. According to the DA, provision number 26, the applicant is proposing
language that states that prior to signature of the first final plat, the applicant will submit
and obtain design review approval or submit and obtain City Council approval of plans
that propose specific and detailed architectural guidelines for this development and that
also address, at a minimum, a variety of structures within a block, building mass,
building material, roof lines, colors, and architectural styles. This is, essentially, a
carryover from the -- the current DA. We haven't seen anything as far as that
architectural guideline book that was talked about when this project was originally
approved, but I think the applicant is still working on that. He may want to provide a
little bit more insight into that if he has time. I haven't received any written testimony
from anyone. I have taken one phone call on this, excuse me, and I know one of our
other planners also took at least one phone call on it, just curious neighbors had some
concerns. I know one of -- the. gentleman I spoke to is in the audience and he may or
may not testify. He was somewhat concemed about the phasing plan and dust, like this
has all been graded, so he's concemed about, you know, if -- if the development of the
southern portions of this are going to two, three, four, five years out, he's concemed
about dust and whatnot. That was the main concern that I heard from the general
public. And I'd also like to read into the record that we are recommending two additional
changes to the staff report that you have. I was going through preparing for tonight's
meeting and DA provision number 30, I believe, should be modified to read: For access
purposes to parcel nine, a city approved access shall be provided to parcel nine from,
slash, across parcel ten prior to building construction. Now, let me explain why I would
like to see that condition added. So, back to parcel nine and this is ten. Right next to
each other. The way that the current DA states is there is no access to this parcel nine,
except for this public street that's approved right here. So, we were concemed that if
we approve this parcel layout without requiring parcel ten to provide them access, they
are going to be coming back to us saying, well, we are landlocked or we need access to
the arterial, so we made the provision that says you need to get access through parcel
ten, then. And the same holds true for parcels four and five. I have got that record of
survey. This may help, although it's pretty busy as well. So, there is parcel five and
here is parcel four. The access for both of these parcels comes right down here. So,
the access to parcel five should only be across parcel four, as there will a public street
that will be constructed right in this location. So, then, DA provision number 31 should
be modified to read: For access purposes to parcel five, a city approved access shall
be provided to parcel five across parcel four prior to development. Those are the two
changes that I would like the Council to accept this evening. We have met with the
applicant, I believe it was Friday morning, and went through these -- these same
provisions. I didn't get anything in writing from the applicant on the DA modification, but
I know Mr. Jewett's here and in the audience is some folks from the Land Group. With
Meridian City Council
October 14, 2008
Page 13 of 40
that I will stand for any questions. Staff is recommending approval with the changes
noted in the staff report and -- verbal and written staff report.
De Weerd: Thank you, Caleb. Any questions for staff at this time?
Bird: I have none.
Rountree: No.
De Weerd: Okay. Is the applicant here?
Elg: Good evening. My name is Van Elg with the Land Group. 462 East Shore, No.
100. Representing Mr. Jewett this evening. We have had a number of discussions with
staff, a number of meetings, and communications with Sonya as well. As this
application has been prepared and as the staff report's been drafted, to make sure that
we come up with language that is acceptable to all involved. We -- I had a lengthy
discussion with Caleb this afternoon as well to discuss a number of the items. I had not
yet talked to the applicant -- or to Mr. Jewett about some of these conditions and I
guess I'm here to tell you that tonight we are in general compliance -- in general
agreement with all of the changes that have been made to the development agreement.
There is nothing that is of particular concern. I do need to point out one thing, Caleb. I
don't think you mentioned that parcel number eight, which is the fire station lot, is also, I
believe, a buildable parcel. And that one would be that parcel right there. Site for a
future -- as we have mentioned in the previous hearing, that's a site for future -- future
fire station. As Caleb mentioned, this is the conditional use application that you will see
-- or the Planning and Zoning Commission will see this week as well. The timing of this
development agreement -- the approval of this is very critical to the timing and the ability
to process that conditional use application there for these folks. And with that I guess I
just need to state that we did make a number of tweaks, but the primary reason for the
tweaks were just because of the change in the market and Jim's approach to -- we
already had buildable lots out there. The mega lot concept is becoming a bit
cumbersome for us as well. It seemed like a good idea at the time. Probably, I don't
know, maybe in another application, maybe that would work again. It just didn't seem to
work as well for this one and I think Jim's willing to move forward with the platting. I
think it was always understood that a number of these parcels -- for example, this here
didn't necessarily require platting, as it will be apartments. And so I think we have come
up with a solution that staffs comfortable with, that we are comfortable with, Mr. Jewett
is, and we hope that the adjacent neighbors and Council will be as comfortable as we
are with it. We tweaked a number of items in the development agreement as well that
were just clean-up items, as Caleb mentioned. Maybe a wrong zone that had been
mentioned or drafted up in it that hadn't been caught the first go around. So, most of
the tweaks were relatively minor. I think with that I'll open myself up to any questions
that you might have and if we had time for some rebuttal, maybe, after we have had the
neighbors talk, we can maybe address some of their concerns that they might have as
well.
Meridian City Council
October 14, 2008
Page 14 of 40
De Weerd: Council, any questions for the applicant at this-time?
Rountree: Not right now.
Bird: Not right now.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: This is kind of a sideways subject, but I'm known for that. When this came to
us originally there was discussion about a library near the school property. On the
proposed drawing I noticed that the school was there. The library bond didn't pass
since we talked about it. Is that property still being- held in case there is a new library
bond or has that gone away?
Elg: To my knowledge it's still being held.
Zaremba: I didn't hear that. I'm sorry.
Elg: Still being held by the library. They still own it.
Zaremba: Still being planned for a library?
Elg: Yes. Uh-huh.
Zaremba: Okay.
De Weerd: I have one question and this comes up often in developments on dust
abatement. What are your plans for that?
Elg: Well, I think you will have some neighbors who will -- who will attest to Jim's efforts
regarding dust abatement that -- Knife River, who is the contractor out there at the top,
in this area up here, along the Val Vista neighborhood, tried to go to great lengths to
abate the dust and sprinkler it down each day and I don't know the frequency of how
often he did, but I think that from what you will hear from some of the neighbors, that he
did a pretty fine job of trying to do that. So, I think that will continue as any construction
moves on. I don't know what the abatement -- what dust abatement will be for the
future. Jim, is there -- that may be something that we will have to have Jim address as
we move on in the hearing.
De Weerd: Maybe when you come up to summarize you can comment on that.
Elg: Okay. I will do that.
De Weerd: Okay. Thank you.
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Meridian City Council
October 14, 2008
Page 15 of 40
Elg: Thank you.
De Weerd: Did have a couple of people who have signed up. When I call your name if
you would like to provide testimony at that time, please, come forward. Scott Nichols
signed up as neutral. If you will state your name and address.
Nichols: My name is Scott Nichols at 2730 West Val Vista Court.
De Weerd: Thank you.
Bird: Val Vista Subdivision just to the south. I came down just to find out and talk to
Caleb this afternoon to find out just what was being proposed tonight. The first thing I'd
like to say is that we lived with the re-grading all summer and we didn't have any
problems and I appreciate Jim's efforts and Knife River's efforts to keep the dust down
and really adhere to the conditions they needed to adhere to. You know, I don't really
have any objection to the development and Jim's -- I think, you know, he's -- he's met
with us, he's talked about -- you know, we had some disagreements at the very
beginning of this project, but he's worked with us and I appreciate that. There are a
couple things that I'm going to follow up with Jim on, but I think the fencing was one
issue. We as neighbors will continue to talk about fencing with him and, you know, has
a solid wall fence and we can work that out with Jim, I think, and maybe Van can bring
back our recommendation or we will let you know individually, you know, what we --
what we -- what we think about the fencing. As far as the -- as far as dust abatement or
anything in the future, I understand there is still some grading to be done and, again, I'll
just talk to Jim about whether he can plant some winter wheat out there and just leave
it, because I think it is going to be a few years before that's actually developed, and if he
can put a cover crop on there and let it go, that would be great. That said, I don't have
any objections to the proposal as it stands and if we have any concems I will continue to
just -- I will give Jim a call if I have got any concems on it, so -- that's probably the way
you'd rather have it, too.
De Weerd: Thank you. Okay. Loma Hewitt signed up against.
Hewitt: I'm Lorna Hewitt. 2944 South Francine Lane. I just -- I guess I needed some
clarification. The library is still a go?
De Weerd: That's --
Hewitt: Is that my understanding?
De Weerd: They still own the land is what we have been informed.
Hewitt: And where was the location of the assisted living facility? Is it on Overland just
west of the comer? And how many acres was that?
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Meridian City Council
October 14, 2008
Page 16 of 40
Zaremba: Dueling dots.
Rountree: Dueling dots.
Hewitt: Okay. You know, the signs are confusing when you read them on the road.
So, does -- do you have an answer of how many acres? Did someone say 33.6 acres
or something for the assisted living? Do I know that? Does anybody know that?
De Weerd: We can ask the developer when he comes back up.
Hewitt: Okay. I was just curious, because that was in conflict with what I had known
before about the library -- everything -- you know, the comer. You think about the
comer when you drive by, you don't -- you don't think of acres. I would like to know how
many acres is involved there in the comer. Just a little bit more clarification there. And I
know that the next meeting is Thursday, so that would help me clarify that. At this point
I don't have anything more to comment.
De Weerd: Okay. Thank you. Okay. Now, Steve, I'm not going to probably say this
right, but Prisbus. If you will, please, state your name and address for the record.
Prisbus: Steve Prisbus. 2530 South Del Rey Lane. Could you, please, put that plat
map back up on the -- with all the little lots. Yeah. Okay. As Caleb pointed out, nothing
else has changed here. If I'm counting right, they have added three more lots behind
me. We had an agreement that that would stay the same. Now, all of a sudden there is
three more lots back behind me. I run from that point all the way across to that point. I
take the biggest impact from Val Vista. And I would like to know why there is three
more lots added and I would like them taken back out. Thank you.
De Weerd: Thank you.
Prisbus: And also I'd like to know if there was a permit or any kind of okay for that
gravel pit that they are using on -- on Overland, because it's a very congested area right
now. Very congested. We had no idea that there was even going to be something like
that there.
De Weerd: Okay. Is there further testimony?
Stone: I'm Susan Stone at 2530 South Del Rey Lane and I -- I'm wondering with the lot
changes that they have put in there, the many more lots they look a lot smaller and we
had been here and battled for 50 foot setbacks and one story homes and all of that and
I'm wondering if every time the developer gets a new whim that we have to waste your
evenings and come back here and battle and battle and battle, because we invested
many hours prior to this -- and I know you guys have, too. And our time is as valuable
as yours and I think that it's not fair that we keep stressing over what's going to happen
to our property now, because -- and -- I get too passionate. Sony. But I don't think it's
fair to make us keep coming back every time there is a change. We -- we had agreed
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October 14, 2008
Page 17 of 40
to all of these changes and now there is new -- I mean some more lots, smaller, and if
we have to be here to battle every time is a big concern. But also how many vacant
homes sit in Meridian right now? Does anybody know? How many vacant -- and
abandoned homes and homes that don't look lived in and cared for and is it really the
time to open more lots and build more homes when we have so many empty homes. I
know that -- but I think that we should probably put everybody's market value -- hold off
building new homes until some get sold.
De Weerd: Thank you. Okay. Further testimony?
Jewett: Jim Jewett. 1560 Carol Street in Meridian, Idaho. I mainly came up to answer
the dust abatement question issues. As I testified in the original hearings for South
Ridge, dust abatement or nuisance dust is a big issue for me and I know Knife River got
a little bit of a late start this year and got more into the summer than I wanted them to,
because my original agreement was you're done by summer and you can start again in
the fall, because the summers are the most difficult months. But we did have their
trucks required to be here started an hour before any work to make sure that we wet
down the site and we also installed our own imgation pump on top of the hill and ran
irrigation pipe at night to try to maintain a moisture in the ground, try to abate as much
of the dust as we could. We always hope we can do better and we will always strive to
do better. With the completion of the grading of Overland Road this fall, we will put the
site back into a stabilized form for, you know, a few year hold, so we will put some sort
of a vegetation that won't require irrigation that will stabilize and not -- and, hopefully,
control the dust for a lengthened period of time. We are extracting a little bit more
material out to finish Overload Road once we get two more utilities done. So, if -- I have
asked my contractor to be in contact with all the neighbors and if they do have an issue
to call immediately, so we can take care of it. We also try to shut down construction on
windy days, because we realize that the wind picks up the dust more. I'll just try to
address a couple more questions that were asked about the market. Yes, we have
houses on the market that are sitting vacant in Meridian and I think that's why you see
these changes coming forward on this DA to try to scale back our impact initially. If you
remember, first phase originally had 180 plus lots. We have scaled it back to 50,
thereabouts, to accomplish the bare essential we need. If you look at the final plat later
on you will see that it covers the library site, it covers the school site, it covers our
residential care facility, church facility, and it covers about 50 lots. We are really scaling
back the minimal we can build now to facilitate those uses that we have already
committed to and a small amount of homes, even though 50 homes may seem more
than some people want, it's the minimum we could do and make all the infrastructure
work. With that I'd stand for any questions.
De Weerd: Jim, can you tell us how many acres the assisted living and church --
Jewett: 19.62. And it's directly west of the library.
De Weerd: And did you add lots on that south side?
Meridian City Council
October 14, 2008
Page 18 of 40
Jewett: I just had a count done by Van and it did appear that we added two. It wasn't
our intention to add and we will certain capitulate and bring those back out when we
bring forward afinal -- our preliminary plat on that area. It wasn't our intention to add
any lots there.
De Weerd: Okay. So, that can be added to the record and --
Jewett: That's correct.
De Weerd: Okay. Council, any questions? Thank you.
Rountree: Oh, Jim, a question was brought up about the arrangement that you have
with Knife River and grading and apparently Knife River and Overland interstate site --
you have an agreement with them to do that?
Jewett: We have a -- yeah. We have a one year lease that we -- we actually were
approached by all the contractors bidding the -- not the interchange work, but the
widening -- the current project widening, because ITD had a requirement in their bid
document that the first 500 feet east of the Ten Mile interchange is where they had to
have their access point and the facility, so it limited to two parcels, north or south side.
And so the winning bidder then signed a lease agreement to run that facility for the
construction of the widening and potentially other interstate projects.
De Weerd: And it is temporary in nature?
Jewett: Correct.
De Weerd: Anything further?
Rountree: I guess just a question for me. Did you need to get a permit from lands to do
any of the grading or did they consider that?
Jewett: We made the request whether or not a grading permit was required and we got
a confirmation back that none was required.
Rountree: That's what I thought. Thank you.
Jewett: Thank you.
De Weerd: Okay. Thanks. Okay. Any further testimony? Yes, sir.
Van Hees: Good evening. I'm Larry Van Hees. I live at 2540 South Del Rey. My
property borders the subdivision that Jim is doing and Mr. Prisbus got up -- he said that
he owns everything over to -- and I have got to pick out my comer here. You have
changed that map on me. But he said everything over to that corner right there. I own
a very, very small portion of that comer right there. I just want to tell you that, you know,
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Meridian City Council
October 14, 2008
Page 19 of 40
I have made my living most of my life in construction and it's kind of depressing to see
things down the way they are and I'm sure you feel much the same way. I just want to
tell you people complain about them working all night. I hear the beep beep beep
backing up probably down on the freeway and all across where Knife River is working.
It's kind of music to my ears. It makes me sleep a little bit better. It's nice to know
something is happening and I think there is a blue horizon, you know, and things are
going to be a whole lot better here shortly. Complaining about the houses coming on
that too many and how many are the right amount, you know, hopefully, this thing's
going to right itself here pretty soon and I'd just like to tell you I -- Jim's been a very,
very good neighbor. He's worked really hard at holding down the dust and I thank for
him for that and the people he has on the job and I'm just glad it's all going on. So,
thank you very much.
De Weerd: Thank you. Okay. Any further testimony? Okay. Would the applicant's
representative like to summarize? Okay. He's passing on his final words. Council, any
further questions for any of our staff or the applicant's representative? No? If there are
no questions, I would entertain a motion to close.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I move we close the public hearing Item No. 9.
Hoaglun: Second.
De Weerd: I have a motion and a second to close the public hearing on Item 9. All
those in favor say aye. All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: Having heard all staff, applicant, and public testimony, I move that we
approve MDA 08-004, to include all the staff notes and specifically including the staff
recommendation for the two additional changes to provision number 30 and provision
number 31.
De Weerd: Okay. I have a motion to approve Item 9. Do I have a second?
Hoaglun: I'll second.
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Meridian City Council
Qctober 14, 2008
Page 20 of 40
De Weerd: Okay. I have a second. Discussion? I guess, Mr. Zaremba, I just want it
noted in your inclusion of this approval, it is with the removal of the additional lots on the
south side.
Zaremba: Yes. Thank you. I would add to that the original number of lots along the
southern boundary should be restored and the applicant has agreed to that.
De Weerd: Thank you. Second agree?
Hoaglun: Yes.
Rountree: Madam Mayor, I didn't hear in the motion to include all of the comments from
the applicant, but one of the comments that they clarified was that parcel number eight
is buildable for the future fire station, for the record.
Zaremba: Thank you. I'd be happy to include that.
Hoaglun: Agreed.
De Weerd: Okay. Further discussion?
Rountree: I have none.
De Weerd: Okay. Hearing none, Madam Clerk, will you call roll.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: Okay. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Rountree: Madam Mayor?
De Weerd: Yes.
Rountree: For the interest of Council and anybody else who might be interested, per
Larry's comment about the activity on I-84, pavement was being put down as of this
morning on the first two westbound lanes and shortly thereafter there will be two more
and, then, they will start on the eastbound lanes. So, hopefully, by the end of the year
we will have four new lanes going west and they will start on four new lanes coming
east.
Item 10: Public Hearing: PP 08-008 Request for Preliminary Plat approval of 17
commercial lots on approximately 8.7 acres in a GG zoning district for
Trade Plaza by Land Investors, LLC - 555 South Meridian Road:
Applicant Requests to Withdraw Application
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Meridian City Council
October 14, 2008
Page 21 of 40
De Weerd: Okay. Thank you. Okay. Item No. 10 is a public hearing and the applicant
has requested to withdraw this application. I would need a motion to accept and
acknowledge the withdrawal.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I move we accept the applicant's request to withdraw PP 08-008.
Rountree: Second.
De Weerd: I have a motion and second to accept the withdrawal of Item No. 10. All
those in favor say aye. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Item 11: Public Hearing: CPA 08-010 Request for a Comprehensive Plan Text
Amendment to revise the Street Sections Map of the Ten Mile Interchange
Specific Area Plan for Ten Mile Area Map Revision by City of Meridian
Planning Department -Black Cat Road from the railroad tracks to I-84;
Franklin Road between McDermott Road and Linder Road; Ten Mile Road
between the railroad tracks and Franklin Road and Ten Mile Road from I-
84 to Overland Road -all within the Ten Mile Interchange Specific Area:
De Weerd: Item 11 is a public hearing on CPA 08-010. I will open this public hearing
with staff comments.
Hood: Thank you, Madam Mayor, Members of the Council, Item No. 11 is a
Comprehensive Plan text amendment and that amendment is proposed to the Ten Mile
area map. It's a map revision, although it's text that's referenced in our Comprehensive
Plan. There are -- up on the board is the general vicinity of the Ten Mile interchange
specific area plan. Within that specific area plan is the plan, the text, and associated
with the text is a map that has designations for where future collectors should go, as
well as the existing arterial street section and local streets as well. Also on that map are
letter -- letters that are circled with a dark color and those different letters represent
different street typologies. The upper left diagram is the current map that's associated
with that Ten Mile area plan. What staff is proposing is to designate the arterials, which
were left off of the map in the first place for Black Cat from the railroad tracks to I-84,
Franklin Road between McDermott Road, Ten Mile between the railroad tracks and
Franklin, and Ten Mile from I-84 to Overland Road. So, if approved, essentially, what
would happen is we are going to take out the old map that goes with that Ten Mile area
plan and insert the one you see on the bottom right, except for the red highlights that
are just there for illustrative purposes to show you what changes are being proposed.
So, the changes that are being proposed, aside from the designations to B for Ten Mile,
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Meridian City Council
October 14, 2008
Page 22 of 40
Franklin, McDermott, Linder, Black Cat, is the removal of the street designation for
LaMont. If you recall, we had an area down here that fell off out of the Ten Mile area
plan and we decided to look at that in south Meridian at a future date and figure that out
at a later time. So, we are taking -- taking that designation off of the map, so to not
confuse people, because it's not part of this plan. The third change is to add a little note
down here. I would be really surprised if you could read it. What it says is that medians
are not necessary on this roadway section. So, that applies to a couple of those. It
doesn't mean they won't be included, but they are not a necessity for certain roads. Let
me jump to the street sections real quick, so you can see what a street section B looks
like. A is also included in this diagram, but, really, the adds are the B's. The main
difference between the A's and the B's is that you have a bike lane in the B's, but,
essentially, the street section is the same, minus the -- the bike lanes. There are both --
for arterial streets, again, you're looking at two lanes each direction with a center
medium, with the median cuts for access if need be, so you have breaks and that's
where -- for turn lanes. The Planning and Zoning Commission acted on this item on
September 18th. Gave a favorable recommendation to the City Council. No one
testified. We didn't have anyone providing any type of written comment, except for
ACHD, who submitted a letter in support and they show that the proposed street
sections are consistent with the draft TLIP designations. The Commission did have a
question about the difference between A and B and, hopefully, I just answered that,
and they didn't have any changes for staff. And with that I will stand for any questions
you may have.
De Weerd: Thank you, Caleb. Any questions from Council?
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: Caleb, per the typical section and your comment about -- on the map about
medians may not be necessary, is that applicable to these. Is that where the note takes
you?
Hood: Madam Mayor, Councilman Rountree, yes, that is where the note takes you and
it's going to be a case by case. We haven't got that far. When we see development
applications come in, we will decide where medians actually need to be or should be or
not be.
Rountree: It seems to me that as opposed to confusing the map, could you not have
just labeled those typical sections under the median and say median will be proposed
where necessary?
Hood: That works. If you want to make that in the motion. I think we can incorporate
that. Sure.
Rountree: Well, that's what people are going to be looking at.
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Meridian City Council
October 14, 2008
Page 23 of 40
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: Refresh my memory for a moment. Portions of the Ten Mile area plan go as
far east as Linder; is that correct? It looks to me like Linder is one of the borders of this
area for -- certain portions --
Hood: It does go to Linder. I don't remember the exact locations. I think we cut out
some of these folks from being part of the plan. So, north of the interstate I don't
believe it does go to Linder. South of the interstate, though, it does. So, what we just
saw and what you will see in the first final plat are part of this Ten Mile area plan.
Zaremba: Okay. That brings up -- I don't know if this has gotten into people's
conscious's yet, but on the subject of a future overpass of I-84 on Linder, the parks
commission is putting together to bring forward to the City Council and eventually ACHD
a recommendation that that bridge provide amulti-use pathway crossing, as well as a
regular pedestrian crossing. So, since portions of it do get into this plan, I just wanted to
make sure that that begins to be in people's consciousness that that request is coming.
Rountree: Madam Mayor, my only comment on that request is, please, be specific
about what multi-use means.
Zaremba: Yeah. They do plan to specify it as ten feet wide and with a barrier of some
sort between the pathway and the traffic. They haven't decided which side of the bridge
it should be on yet. But, yeah, I did suggest that they be as specific as they could.
De Weerd: Okay. Any further questions?
Rountree: I have none.
Bird: I have none.
De Weerd: Okay. This is a public hearing. Is there any member of the public who
wishes to testify? Okay. Thank you.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I would move that we close the public hearing on Item No. 11.
Bird: Second.
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Meridian City Council
October 14, 2008
Page 24 of 40
De Weerd: 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.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I move we approve CPA 08-010 for the Comprehensive Plan text
amendment as proposed by staff.
Zaremba: Second.
De Weerd: Okay. I have a motion and a second. Did you wish to provide the
additional language on that one change?
Rountree: And include the change on the roadway typical sections related to the
median.
De Weerd: Okay. Second agree?
Zaremba: Yes.
De Weerd: Okay. Any further discussion? Seeing none, Madam Clerk, will you call
roll.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
MOTION CARRIED: ALL AYES.
Item 12: FP 08-017 Request for Final Plat approval for 60 building lots and 11
common lots on 33.60 acres in a TN-C, TN-R and R-8 zones -the
breakdown of the lots is as follows: 5 commercial lots in TN-C zone; 1
public/quasi public lot in a TN-C zone; 1 public school facility in a TN-R
zone; 16 single family residential lots in an R-8 zone; 37 single family
residential lots in an TN-R zone; and 11 common lots for Southridge
Subdivision No. 1 by Linder 109 LLC -south of West Overland Road
and west of South Linder Road:
De Weerd: Okay. Item 12 is FP 08-017. I will ask for staff comments on Item 12.
Hood: Thank you, Madam Mayor, Members of the Council. Staying in the same
general vicinity, this the first final plat phase of South Ridge Subdivision. There is an
aerial there showing, generally, where this phase is. Got another map that kind of
shows you a little bit better detail where we are talking about. The plat on the left is the
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Meridian City Council
October 14, 2008
Page 25 of 40
actual preliminary plat itself. The plan on the right is a landscape plan. So, disregard
some of those parcel lines that you see here. Those don't follow necessarily anything
on this map. But talking about the final plat of the property here. I think there were -- as
the applicant mentioned earlier, about 50 alley load lots in this block here, these three
blocks here. And, then, your school site, library site, and, then, it looks like five pad
sites for future commercial type users right on the intersection of Overland and Linder.
This is an out parcel, not a part of the subject plat. And, again, a proposed assisted
living care facility would be right there. Staff did provide written comments -- or the
applicant provided written comments to staff late this afternoon and I did send that e-
mail as an attachment to you all. You should have it in the packet that I provided.
There were four things that they had on their list. I wanted to just briefly talk about a
modification to number eight, which the applicant -- it's their number two in their a-mail.
But condition number eight, I wanted to clarify and I will make this change in the final
plat order, that the intemal landscaping only means along intemal streets. So, internal
landscaping does apply to intemal streets and common lots that are intemal to the
subdivision. It doesn't mean that they have to go in and put the landscaping on the
school site or the library or anything like that, -but the perimeter and along streets and
any common areas need to be landscaped with the final plat. So, I did want to make
that clarification. There was some confusion about what intemal landscaping means. It
was never the intent for them to go and have to put in all of the yards and, again, the
playgrounds and whatnot, associated with other uses. With that I think I will stand for
any questions. On behalf of the deputy fire marshal I would like to also just clarify -- and
the applicant actually brings this up in their a-mail. Condition number seven speaks of a
15 foot alley radius. They state that they don't think they will have any problems with
that, because the engineer didn't seem to know that this was a problem and they are
willing to speak with Joe Silva about that. But the applicant is willing to meet the radius
requirements as required in the staff report for the 28 foot inside and 48 foot outside,
particularly as they relate to the alley intersections of a public street. So, looking at
multiple points where those radiuses need to be maintained. So, with that I will stand
for any questions.
De Weerd: Thank you. Council, any questions for staff?
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: Just to clear up any confusion I might have, we have heard about an
assisted living facility to the west. That will be the subject of a future hearing and a
future final plat?
Hood: Madam Mayor, Councilman Rountree, and Members of the Council, no, there
were -- I mentioned in the previous one there were four -- four or five parcels that -- or
not -- are going to be no longer required to come in for platting. Parcel nine, parcel
eight, parcel four or five, I can't remember. Parcel two was one of the other ones. So,
Meridian City Council
October 14, 2008
Page 26 of 40
those four do not require final preliminary or final platting, they have got legal parcels of
record that they can develop on.
Rountree: But do we not need a final plat to show the transportation infrastructure?
These lots will ultimately will be ACHD's --
Hood: Madam Mayor, Councilman Rountree, so I understand the question, are you
referring to additional right of way that the highway district may need or ITD or --
Rountree: No. I'm referring to coming off that circle right there. You can have a road
and to me that road needs to have a final plat on it to show how it's going to access to
the west, so even if the assisted living is something in the future and we hear it as a
CUP, I suppose, that road that accesses that lot, does it not need a final plat or can
ACHD just take a metes and bounds description and go from there?
Hood: Madam Mayor, Councilman Rountree, Members of the Council, that application -
- they are, actually, proposing this be the terminus of a public street. So, going in
further it will be private street, address a private lane. It just dead ends into their
property.
Rountree: Okay. That's helps.
Hood: Sony I didn't understand the question originally.
Rountree: Well, it wasn't very clear.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I would just like to make a comment on the tuming radiuses that the fire
department always asks for and the discussions that we have about the widths of alleys
and streets. When we have had those discussions I personally have envisioned what
space do we need for a fire truck to go down a street or down an alley or tum a comer
and the fire department and myself are becoming much more aware that sometimes it
isn't always just one fire truck. The recent huge fire in Boise was followed a week or so
later by a pretty sizable fire in Meridian where more than one fire company responded.
That can clog up a street and make firefighting unworkable very quickly if we have
streets that are too narrow or tuming radiuses that aren't adequate. So, I have teamed
and will be increasing my defense of the fire department's requests. Just a comment.
De Weerd: Don't tell Ron, Joe. He gets a big head. Okay. Anything further from the
Council? Would the applicant's representative like to comment?
Elg: Madam Mayor, Members of the Council, my name is Van Elg. 462 East Shore,
No. 100. With The Land Group. And representing Jim Jewett this evening. You will
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Meridian City Council
October 14, 2008
Page 27 of 40
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see in the staff report that was forwarded to you this afternoon, a memo, I believe --
Caleb, you gave them that a-mail with the four items? I hadn't had a chance to talk with
Jim at that point. They were items that we weren't sure if he was going to have some --
some difficulty with. The first one was item number eight. We have talked with Joe. I
don't think there is any issues with that. We can -- there is room -- ample room for us to
meet that requirement for those radius to the alleys and Joe even drew us a diagram to
make sure we understand correctly. So, we have got that down. The other items that I
had mentioned, I don't think there is any -- as I talked with Jim, we don't have any
particular questions about it, other than Item No. 8, which was the internal buffering
landscaping. Caleb explained that. We understand. Don't have any issues with that.
So, I think we are in agreement with the conditions of approval for the final plat and we
ask that the Council approve the conditions as stated.
De Weerd: Okay. Council?
Rountree: Madam Mayor, questions for Ben. Do you happen to have a typical section
or across-section that would show the landscape treatments?
Elg: I don't have one with me, no.
Rountree: Okay. Question for Caleb. Was that submitted with the final plan -- or final
plat?
Hood: Madam Mayor, Councilman Rountree, I'm looking at their landscape plan. Just
about ready to open it up.
Rountree: Okay.
Elg: At 1.0 has one as well, Caleb.
Hood: The landscape plan's on several sheets. Do you want to just look -- look for
what you're looking for? If there is a specific question about landscaping, I can certainly
try to answer it.
Rountree: I just wanted a sense of what's going to happen at Overland and Linder and
what we might be seeing in some of those side streets -- or cross streets in the
subdivision itself and in the traffic circle.
Hood: It's probably best, then, if I just give you the plan and let you look at them.
Elg: Madam Mayor and Councilman Rountree, if I could, one of the conditions in 13-A
states that we have to have a minimum density of a tree for 35 lineal feet along the
required street buffers. Apparently there is somewhere in that that we may not -- or
may that was just a condition staff stuck in there to insure that we are aware of it as a
standard condition. And we will comply with that as well. You'll see a variety of
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October 14, 2008
Page 28 of 40
attached and detached sidewalks that the detached sidewalks are primarily in the
TN-R area. The sidewalks are primarily attached within the TN-C -- the internal streets
of the TN-C area from a pedestrian nature of that zone.
Rountree: Anybody else want to -- my question is, again, on Overland and Linder. It
appears by the plans that -- that what happens on those individual lots might very well
be up to the ultimate purchasers of those lots. My concern is some consistency, instead
of having one, two, three, four different landscape treatments being viewed by
passersby and ultimately the residents and users of this area. My preference would be
some kind of a consistent guideline at least on the final plat and all I see is a sidewalk.
Elg: Okay. If I could, I'd just point out in condition number 11, Madam Mayor,
Councilman Rountree, it states that --
Rountree: I don't have that in conditions.
Elg: I'm sorry. That condition requires that prior to signature of the first final plat that we
have to go through the design review committee or submit plans that specify the
purposes, the guidelines, and building materials and such and I would assume that the
landscape is part of that. So, we will be going through DR as well. Correct, Caleb?
Rountree: I want to confirm with Caleb that the design review also addresses the
landscaping.
Hood: Madam Mayor, Councilman Rountree, that is correct. That's part of the site
design and landscaping requirement. The only thing I can answer in the affirmative is I
don't know where our design review is going to go. Obviously, we haven't had our
public hearings yet, it hasn't been adopted, and we don't have an effective date, so
don't know their timing versus our timing. We need to have it as a legal process before
we can send them through it. We have to adopt some standards and those are still --
just aquick aside, we did submit the application last week. It is scheduled for the
Planning and Zoning Commission, but we are still talking at least a couple months
before we are going to have adopted standards.
Rountree: But we do you have some landscape standards on corridors.
Hood: As proposed they are. Yes. And in the UDC we have entryway comdors that
currently require landscaping.
Rountree: Okay. So, we can address the consistency issue there.
De Weerd: Caleb, did we receive elevations on this in the preliminary plat?
Hood: Madam Mayor and Members of the Council, this is one of the things where Mr.
Jewett didn't address -- which I kind of sort of asked him to in the last meeting. We still
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October 14, 2008
Page 29 of 40
haven't see a design manual or any elevations for any of the -- well, except for the
assisted living that's going through a CUP, we haven't seen any elevations for any of
the other buildings.
Elg: And that is a condition -- Madam Mayor, Members of the Council, this is
conditioned in the conditions of approval that that design manual has to be here before
we can -- before this final plat can be signed.
Rountree: That is a matter of record in the previous hearing that's condition 26 that
before the final plat is signed you will -- you will provide that to the city for approval.
Elg: Correct. We are aware of that.
De Weerd: Okay. Any further questions for the applicant?
Bird: I have none.
De Weerd: Okay. Thank you.
Elg: Thank you.
De Weerd: Okay. Council, what is your preference?
Rountree: Madam Mayor, this is not a public hearing and typically we don't have a
public hearing on a final plat, but I think there is some folks here this evening that had
some questions about this and given that we are probably not going to be here until
2:00 o'clock this morning -- tonight -- or tomorrow morning, if they had a comment or
two I -- I would welcome that.
De Weerd: Okay.
Rountree: But don't make me eat my words.
De Weerd: If you will, please, state your name again for the record.
Stone: Susan Stone. 2530 South Del Ray Lane.
De Weerd: Thank you.
Stone: My only question about this development is I don't know if you have been in
neighborhoods -- most of the neighborhoods I have been where they have these alley
load lots, they have like visitor parking or something, because if you don't have
anywhere for visitors to park -- and I don't know how many people actually put their cars
in their garage, but if you have cars on both sides of that street and there is -- it just
doesn't seem like there is anywhere for -- if there is a birthday party on that street, are
we not going to be able to get down the road? I mean people do not -- I mean are they
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October 14, 2008
Page 30 of 40
going to have no overnight parking along the road or is it just going to be nothing but a
parking lot, the whole street. I don't quite understand how that's going to work.
Because the lots are very narrow and our friends live in a development down in Kuna
where the lots are 50 some or 60 some feet wide and they don't have garages and there
is no -- you drive down there and there is cars parked at an angle and it's -- I mean
there is like no place to park and if these are little homes with no road parking, I'm not
quite certain where visitors will park or where people -- or if there is an emergency
vehicle and the road's crowded with cars -- because it seems like every house seems to
have more than two cars nowadays.
De Weerd: Thank you. Any further comments from the public? Van, do you have an
answer for that?
Rountree: We have heard it before, but go ahead.
Elg: The -- I was just chatting with Jim back there about the alley loads. The intent is
that there will be two and three car garages back there, so there will always be some
additional parking back in the back in the alley and parallel parking will be provided
along the streets and there are no time limitations that I'm aware of the parking along
the street there, so --
De Weerd: Is it the standard street width?
Elg: Yes.
De Weerd: Okay.
Elg: And this is the same concept that was presented at the regional master plan, too.
So, it's not a change from that. This plat that you see here is, in effect, identical to what
the original master plan was laid out like, so --
De Weerd: And I would say to some of these alley loaded neighborhoods, the street
widths are not the standard, they are less than the standard, so this one is a standard,
so you can have -- can accommodate parking. Okay. Council, anything further?
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: And my question would be if this street is identified as a collector, typically,
we don't allow parking on the collector.
Elg: I think, Jim, don't -- I think we are approved for parking on one side of the street on
this one through ACHD.
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Meridian City Council
October 14, 2008
Page 31 of 40
Zaremba: And I don't know whether it's identified as a collector or not, but it just looks
like one that would be:
De Weerd: It must be a minor.
Elg: Yeah. Whatever that -- whatever it is right now. I don't recall right off the bat, but it
is -- we have provided -- or we are allowed to have parking long the street.
Zaremba: But you do know that you can have parking. Okay.
De Weerd: Okay. Anything further? Thank you. Okay. Council, I need what your
preference on this item is. Need a motion.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I move that we approve the final plat for Item FP 08-017, subject to staff
comments, testimony received this evening, and previously approved amendments to
the original preliminary plat.
Zaremba: Second.
De Weerd: Okay. I have a motion and a second on Item 12. Any discussion? Just to
clarify that the applicant will meet the fire department's requirements on the alley radius.
Rountree: I agree.
Zaremba: Second agrees.
De Weerd: Okay. Hearing no further comment, Madam Clerk, will you, please, call roll.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: Okay. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Item 6: Department Reports:
A. Legal Department:
1. Recommendation from SWAC for Community Recycle
Fund to The Idaho Foodbank for $19,500.00:
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Meridian City Council
October 44, 2008
Page 32 of 40
2. Recommendation from SWAC for Community Recycle
Fund to Hope Arms Apartments for $10,611 for
Playground Equipment:
3. Recommendation from SWAC for Community Recycle
Fund to Compass Public Charter School for $6,000.00:
4. Recommendation from SWAC for Community Recycle
Fund to Woodbridge HOA (No funding recommended):
5. Discussion of SWAC Funds:
De Weerd: We did remove Department Report 6-A, one through five. And so we will
ask Mr. Nary to give a report on the SWAC.
Nary: Madam Mayor and Members of the Council. And thank you for moving this to the
end of the agenda, so I could get here to provide this report. The five items from the
Solid Waste Advisory Committee meeting that are recommendations for the Council for
action -- the first was a request for community recycling funds in the amount of 19,500
dollars for the Idaho Food Bank. Mr. Simon from the Food Bank was there at our
meeting to present the success of the program. They served over 2,000 people in
Meridian since April, because their fiscal year operates differently than ours. But since
April they have also now added to this program the two Albertson's stores located in the
city. So, now they collect this food that is still eatable food, that's close to expiring.
They collect it from Fred Meyer and two Albertson's, they take it first to the Meridian
Food Bank location, secondarily to the Meridian Methodist Church and so they get first
pick of whatever it -- whatever the food they have. They do this on a weekly basis and,
then, they distribute it to the needy people in our community. So, it's been a very
successful program from their perspective. We have a discussion about the needs of
this particular program as an ongoing need, because the original one, if you recall,
when we funded the portion last year was to purchase the vehicle that was used for
transporting the food. Now, these are just ongoing capital costs for them and
maintenance and operations and the like and Mr. Simon did recognize that it's
sometimes difficult for people or municipalities or private entities to fund those things,
but he did remind us that, you know, these are good programs and we only look at them
as a one year thing or a capital cost only output that really diminishes their effectiveness
and their ability to provide it. Probably when we get to number five it will make probably
more sense anyway, but the committee was in favor of funding the full request, which
was 19,500 dollars for the next -- for this fiscal year. Number two is a request for funds
from the Hope Arm Apartments, 10,611 dollars for playground equipment. One of the
concerns we have had discussions before with the Council from the committees
perspective is that if community recycling funds are being used for a project that would
be available for all the people of the city to use it. That's why most of the funding has
been on public school grounds and public parks and Western Ada Recreation District
facilities and the like. This one was a little unique in the sense that we -- this is a low
income facility for folks -- they don't have the means to gain other funding. It isn't like a
Meridian City Council
October 14, 2008
Page 33 of 40
homeowners association that could raise their homeowners' charges to pay for these
types of things. They don't really have the means to do it. They are willing to put up
signs that would put everyone on notice that this playground equipment was for
everyone's use, not just for the residents and their facility. It is visible from Meridian
Road. So, for those two reasons the committee felt it was a worthy project to fund for
this 10,000 dollar request. The next one was the Compass Public Charter School. You
recall we had approved this in the previous month. We asked that it rescind that
request. The committee did bring it back up. They actually asked for 12,000 dollars for
these -- for this -- the playground equipment as well. The committee recommendation
was for half of that. Six thousand dollars was the same amount the committee had
recommended and the Council had approved for a different school site, for River Valley
Elementary, for their playground equipment. So, the committee was agreeable that as
long as, again, it was -- notice was put out for the public that they can use this facility,
this was serving people within the City of Meridian, but the committee wasn't willing to
recommend the full amount they were requesting, which is 12,000 dollars. The final
one, number four, was a request from the Woodbridge homeowners association. This
is for 36,000 dollars for -- to be honest, probably a more expensive playground than we
have funded in any park in the city. A beautiful playground. But the committee's
concern was the playground was not visible from a public street, it was behind their
clubhouse and pool, it was adjacent to a future pathway, but the pathway is not
constructed. So, the ability for other citizens in Meridian to know it was there, to be able
to access it to use it, was very limited and the amount was very high, but even a smaller
amount the committee did not feel was reasonable for the way this was proposed,
because it just didn't feel right, that it really felt like a homeowners park and did not feel
like it was a public park or use for the public to be able to use it. So, the recommend
was denial for that request. The final item, discussion of SWAC funds. The chair,
Nancy Mann, who I believe has been on this committee since it was started, we had a
discussion, really, around the issues that we talked about with the other four items. The
accessibility, future use, long term accessibility. One of the things that was discussed
by the committee was that -- from Chairman Mann's perspective -- the original thought
was -- from her recollection was when these funds were going to be available that they
would be for very public park uses. The city parks or Western Ada's park grounds, but
things that were very visible. Because there was such an abundance of funds for a
number of years, it was also felt that it was appropriate to consider these community
projects from the schools, from homeowners associations, from other entities. Her view
was that the funds are probably going to be diminishing. You will be having a
conversation in November's workshop with SSC on a new system of trash collection
that they are looking at proposing, probably before the beginning of the next fiscal year.
So, Chairman Mann made the motion that after this fiscal year would these funds -- that
the future funds and whatever there is, be determined by this Council to either go to the
parks department for uses within the city parks or whatever the Council please. If you
apportion it between Western Ada and the city, but to not put the -- I guess the
committee in a position of deciding the worthiness of every single project, but, again,
predominately because we don't believe there will be significant funds available after
this fiscal year. So, that was the last item. Really, it's just a recommendation from the
Meridian City Council
October 14, 2008
Page 34 of 40
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committee. You don't need to take action on number five at this particular time, but the
other four do need your approval or denial.
De Weerd: Thank you.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: On the first one, Bill, I know it was about that or the same amount last year
and we actually helped them get some capital equipment and it is a great program. My
only concern is -- and I apologize for not being at the last SWAC meeting, but do they
have an audit, an existing audit, so we know for sure -- you know, we are looking at this
thing at about 40 grand in the last couple of years if we do this and I'd just like to make
sure -- increase my comfortable level a little bit that they may have an audit finding that
might not be too good or that they have got a great audit and their accountability is top
notch. I don't question that, I'm just looking at it for my comfort level.
Nary: Certainly. Madam Mayor, Members of the Council, Councilman Rountree, you
know, we didn't discuss that with Mr. Simon. Certainly if that's the pleasure of the
Council, we can certainly hold off. This is -- this is for operational costs. Last year was
15,600, which was half the price of the vehicle itself. So, this is half the price of the --
and that was one of the questions I asked them, I mean because by this request he's
saying it cost 39,000 dollars to run this program for one year in the city and he says it
does. So, certainly prior to expending the funds or the Council's pleasure is to have Mr.
Simon come and bring that information, that we certainly could have that done at our
next available date.
Rountree: Well, I would guess that they would get that done on an annual basis.
Nary: I would assume so.
Rountree: Just a copy of I think --
Nary: Okay.
Rountree: -- for our records would be satisfactory forme at a minimum.
Bird: Yeah. That would be my minimum and I would not vote on it until I do see
something like that. I mean we are talking about a lot of dollars. This -- this was,
actually -- SWAC was to be used to match recyclable equipment and stuff. It's to
encourage using recyclable playground equipment and stuff and I agree wholeheartedly
with what Nancy said and is proposing. I believe between our two parks department
and park stuff we can spend most of the money. I do want to say something on this
whole farms one, number two. I'm so glad to see that. We have all been around
Meridian long enough to realize what that development was. Mr. Overton can really tell
.
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Meridian City Council
October 14, 2008
Page 35 of 40
you some good stories. And they have got some management in there now that's really
taken that and Tammy and Charlie and I have and I think David has all -- the last two or
three years of Night Out have been able to visit it. It is a -- they have turned that thing
around 180 degrees and I'm so -- I'm so thankful that we are able to help that, even
though I understand it's a private deal, but it is more visible than some of these other
projects that we have donated to and what they have done over there has been
fantastic. I mean it is un -- it's beyond belief. I would have never believed it would
happen at that location, so -- and I'm like Mr. Rountree, I would have nothing -- you
know, the Food Bank's a great thing and willing to help them, but I want to see -- I want
to see at least a copy of an audit of something. I'd like to know where they are spending
39,000 in overhead.
Hoaglun: Madam Mayor? Question for Mr. Nary. At one of my first Council meetings
here not that long ago we talked about Compass and that was the other request. What
has changed in terms of -- there apparently was going to be located behind a fence, you
know, out of sight, it was -- has that changed at all, even though the amount has
changed, it's still going to be in the same location? Are they going to do signage? Can
you help me out on that?
Nary: Sure. Madam Mayor, Members of the Council, Council Member Hoaglun, no,
none of that particularly has changed and we did have a lengthy discussion about it.
And I think that's part of maybe what Chairman Mann's concern was is in trying to
evaluate these projects. If we wanted to continue -- and, again, because there is a -- I
guess a belief on her part that we won't have a lot of funds to distribute, but if we are
going to continue with these projects, one of the concerns that we have is right now they
are willing to put a sign out on Cherry Lane on their -- where ever they are allowed to
put it, somewhere on their fence or near their fence, so the general public would, again,
know they can use that facility when school is not in session. Recently the committee
recommended and the Council approved some furniture at the Meridian Academy
School in their library. Not really usable by the public, but it did fit the criteria. And so
it's trying to balance those needs. Again, this particular school, it's not aMeridian -- it's
not a Joint School District No. 2 public school, it is available to the public. Not all the
students go to -- are all from Meridian, but certainly some are from Meridian. So, we did
wrestle with it. It is a concern. It is not the most visible piece of playground equipment
around, so that is a concern, but we have also funded other projects that sometimes
don't have a lot of visibility either. So, we were, I guess, trying to balance both of the
needs, that it is within the city, it does serve some citizens, it will be available to the
public, but there is some challenges to its access and so that's kind of where we tried to
divide those different concerns.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Do you have follow up?
Meridian City Council
October 14, 2008
Page 36 of 40
Hoaglun: Just -- if I might, Madam Mayor. Just to follow up on that. And I can see
where they would have to split the baby on that and look at that. I mean it is a public
charter school, it's not a private school, you know, like the library, that would do it, and I
just wanted to comment, then, on number one, you know, we probably do need to due
our due diligence and make sure we look at the -- at their audits and different things to
make sure we are spending money appropriately. So, I think that's a good idea.
Bird: Madam Mayor?
De Weerd: Yes, Mr. Bird.
Bird: On the Compass public charter school, my concem is the way they have fenced it
now. They have the vinyl fence facing Cheny Lane and chain link down the -- which I
compliment them on that, down the east side. But once the church leaves, my concem
is the way they have fenced it and stuff, are they going to lock it out? I mean I have no
problem giving them 6,000 dollars, but is it the best use we are going to get for 6,000
dollars for our public. And I like charter schools, it's not that, but I'm afraid -- in the first
place, they are not going to want the public in and around that school I don't believe. I
might be -- I might be wrong there, but Idon't -- when they are not in session or
something. So, I --
Nary: Madam Mayor?
De Weerd: Yes, Mr. Nary.
Nary: Madam Mayor, Members of the Council, Council Member Bird, I mean that was --
that was part of our discussion. I don't disagree with you at all. In fact, one of the
reasons, again, why Chairman Mann said that she felt it was more appropriate to get
out of doing these things is because of that long term access issue. We funded a
private homeowner park in Bedford Place. The homeowners association we funded a
small playground and I went and looked at it as part of this project and embarrassed as
to what this playground looks like. But we required that they put up a sign saying it was
available to the general public. It doesn't say that. What it says is that it was funded by
recycling money. Where it's located I don't know that anybody else would use it either.
Don't know that it ever gets used by any members of the general public, other than the
people that live there. But I think that's -- that's the dilemma we face. Right now if -- for
example, like what Council Member Bird's saying on the charter school, if the city funds
the 6,000 dollars and a year or two from now they just decide that sign is bothersome
and they take it down, we really don't have a recourse for that. We don't have a means
to get the money back. If -- and that, I guess, is where Chairman Mann was really
coming from. That's the problem. And we don't do it with a park where we have some
control from the city or with a partner, whether it's Western Ada or even the school
district, that we have some confidence that we won't have these issues of the continuing
access or use, that makes it difficult to want to do that. So, we did wrestle strongly with
these issues. We were trying to be fair to the Compass charter school and trying to
Meridian City Council
October 14, 2008
Page 37 of 40
treat it like we did some other ones, but your concerns were -- are certainly legitimate
and it was a difficult call for the committee to make this recommendation.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I had a whole bunch of points and most of them have been made, so you will
all be glad to know that I won't repeat those. But I would chime in in support for number
five of them establishing a policy that limits their applications and gifts, I guess you call
them, to Meridian public parks and Western Ada Recreation parks. I think that's a fair
way to resolve the issues in the future.
De Weerd: Mr. Nary, I guess what I would also like you to take back to SWAC -- we
appreciate their review of each of these and looking at it to be fair and equitable, but I'd
also like SWAC to take a look at how can we continue to encourage this separated
recycling, so that these funds continue to be available and to continue to report the use
of recycled material and the public awareness that comes with that, so --
Nary: I could do that, Madam Mayor. Madam Mayor, Members of the Council, I would
recommend, then, maybe on item one, the Idaho Food Bank, that we set that over
maybe to the 28th, I'll get a hold of Mr. Simon, so we can get a report. From what I
understand from the Council, you're not -- you're not wanting him to make a report, you
would just like to see a report; is that correct?
Rountree: If they have acontact --
Bird: If they have got an audit, yeah.
Nary: Okay.
Zaremba: To go into the records.
Nary: All right. I will ask him to provide that. So, we set that matter over to the 28th.
So, really, it's your pleasure on the other three recommendations at this point.
Rountree: Madam Mayor, I will take a stab at a motion here.
De Weerd: Okay.
Rountree: I move that we request further information in the form of a current audit for
SWAC recommendation number one and move that until our regularly scheduled
meeting October 28th.
Zaremba: Second.
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Meridian City Council
October 14, 2008
Page 38 of 40
Rountree: Not done yet. That we approve the recommendations for items two, four and
five, and that we deny the recommendation for item three.
Zaremba: I second all of that.
De Weerd: Okay. I have a motion and a second. Any discussion? Madam Clerk, will
you call roll.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
MOTION CARRIED: ALL AYES.
De Weerd: Mr. Nary, I guess just one thing to add to item one. If we can have any kind
of feedback or comment from the Meridian Food Bank on what this program has meant
to them, the impact it has, and that -- that would be very pertinent.
Nary: Madam Mayor, I will contact them and the United Methodist Church, too, so we
can get their comments.
Item 13: 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); (c) - (to conduct deliberations
concerning labor negotiations or to acquire an interest in real property,
which is not owned by a public agency) & (fl - (to consider and advise its
legal representatives in pending litigation):
De Weerd: Thank you. Okay. Well, thank you, Council, for that. We are at Item 13. I
do need a motion to adjourn.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I move that we go into Executive Session per Idaho State Code 67-
2345(1)(b), (c) and (f).
Bird: 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; Hoaglun, yea.
MOTION CARRIED: ALL AYES.
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Meridian City Council
October 14, 2008
Page 39 of 40
EXECUTIVE SESSION:
De Weerd: I would entertain a motion to come back into session.
Zaremba: So moved.
Hoaglun: Second.
De Weerd: I have a motion and a second to come out of Executive Session. All those
in favor say aye. All ayes motion carried.
MOTION CARRIED: ALL AYES.
De Weerd: Okay. Item 14 is potential personnel action. Council, on February 1St,
2008, I appointed and you confirmed Jaycee Holman as our city clerk and for the
appointment to be effective February 15th, 2008. At that time Will Berg had accepted
another position in my office as the community liaison. I am asking you tonight to
reconfirm that decision by terminating Mr. Berg as the city clerk effective February 15th,
2008.
Zaremba: Madam Mayor, so moved.
Hoaglun: Second.
De Weerd: Okay. I have a motion and a second reaffirming the earlier vote that I move
to terminate -that Will Berg was terminated as city clerk effective February 15th, 2008.
Rountree: Madam Mayor, discussion. Just for clarification. The termination was so Mr.
Berg could accept the community liaison position.
De Weerd: That's correct.
Rountree: Correct?
De Weerd: Uh-huh.
Rountree: Thank you.
De Weerd: Oh, do I need a roll call? Madam Clerk.
Bird: Before I vote I want to clarify that back in February I would have voted no and
that's the way I will cast my vote at this point.
Roll-Call: Bird, nay; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: Okay. So motion carries three to one.
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Meridian City Council
October 14, 2008
Page 40 of 40
MOTION CARRIED: THREE AYES. ONE NAY.
De Weerd: Okay. Council, that is our agenda. I would entertain a motion to adjourn.
Rountree: So moved.
Zaremba: Second.
Hoaglun: Second.
De Weerd: All those in favor say aye. All ayes. Motion carves.
MOTION CARRIED: ALL AYES.
MEETING ADJOURNED AT 10:00 P.M.
(AUDIO RECORDING ON FILE OF THESE PROCEEDINGS)
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MAYOR TA De WEERD DATE APPROVEED C~
ATTEST: ~
JAYCEE
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