HomeMy WebLinkAbout2009 03-24Meridian City Council Meeting March 24, 2009
A meeting of the Meridian City Council was called to order at 7:00 p.m., Tuesday, March
24, 2009, by Mayor Tammy de Weerd.
Members Present: Mayor Tammy de Weerd, Keith Bird, Charlie Rountree, Brad
Hoaglun, and David Zaremba.
Others Present: Ted Baird, Jaycee Holman, Anna Canning, John Overton, Mark
Niemeyer, Keith Watts, Tom Bany, Clint Dolsby, Steve Siddoway, Matt Ellsworth, Caleb
Hood, Sonya Wafters, 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. We appreciate all of you
joining us here today, in particular our Skills Renaissance U.S.A. team. We appreciate
your presence and I hope your -- your advisor told me you would be leading us in the
pledge, so I hope you came prepared. Okay. Welcome. For the record it is Tuesday,
March 24th. It's 7:00 o'clock. We will start tonight's meeting with roll call attendance.
Item 2: Pledge of Allegiance led by Team Renaissance Skills USA Students:
De Weerd: Okay. Item No. 2 is our Pledge of Allegiance. If you will all rise and join us
in the pledge.
(Pledge of Allegiance recited.)
Item 3. Community Invocation by Randy Cook with Meridian First Baptist
Church:
De Weerd: Item No. 3 is our community invocation. Tonight we will be led by Pastor
Randy Cook with Meridian First Baptist Church. If you will all join us in the community
invocation or take this as an opportunity for a moment of reflection. Pastor. Just step
up to the mike, please.
Cook: Let us pray. Heavenly Father, we thank you for your presence in our lives.
Thank you for the bountiful supply and great blessings that you have given to us as
American citizens and as citizens of this city. Thank you for the good work that has
been done by our Mayor and these Council members over the recent years and thank
you for the integrity that they have demonstrated and so tonight we ask, Lord, that you
would guide them in their decisions and as they move through agenda items that they
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March 24, 2009
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would be able to move quickly and well, that what is done and said here would be
honoring to you, that they would, indeed, seek your direction in their lives and in the
decisions that are made tonight. Thank you so much for your goodness to us and we
ask your blessing upon this session tonight, in Jesus' name, amen.
Item 4: Adoption of the Agenda:
De Weerd: Thank you so much. Okay. Item No. 4 is adoption of the agenda.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: On the agenda there are a couple of comments to be made. Under
Department Reports, Purchasing Department A, we have been -- added -- asked to add
three more items. So, this would be 7-A-19, 7-A-20 and 7-A-21. Nineteen is a
deductive City Hall change order for Aatronics, change order number six, in the amount
of negative 1,026. That means we are getting 1,026 back? Oh, I'm glad to add these.
Okay. The item 7-A-20 is a deductive City Hall change for Hobson Fabrication, change
order number six, in the amount of negative 1,061 dollars. And item 7-A-21 will be a
deductive City Hall change order for American Wall Cover, change order number six, for
the amount of negative 1,114 dollars. Those items to be added to the Department
Report under the Purchasing Department. On the regular agenda, Items 9 and 10 have
both been requested to be continued. Nine to our meeting of April 28th and 10 to our
meeting of April 7th. On Item 13, the resolution number is 09-654. On Item 20, the
ordinance number is 09-1395. And on the final item on the agenda, Item 21, the
Executive Session pursuant to Idaho Code 67-2345(1)(f). We would also like to add to
that Idaho Code 67-2345(1)(c). And with that -- those changes, I move we adopt the
agenda as amended.
Hoaglun: Second.
De Weerd: I have a motion and a second to approve the agenda as amended. All
those in favor say aye. All ayes. Motion carved.
MOTION CARRIED: ALL AYES.
Item 5: Proclamation for Team Renaissance Skills USA Students.
De Weerd: Okay. No. 5 is our proclamation for Team Renaissance Skills U.S.A.
students and I think before I read the proclamation and as I work my way down there, if
we can get their advisor -- Mark, if you will come up and talk about what you're up to.
Enger: Thank you, Mayor de Weerd and City Council. Skills U.S.A. this year our Team
Renaissance we will refer to as, is building a home in the city of Boise, but we are still
dealing with the issue of it's a habitat home where we are servicing community, not only
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March 24, 2009
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the City of Meridian, but also the city of Boise, because it is still in the Meridian School
District boundaries, which is a fantastic opportunity for the youth that we are having with
us here today. This is one portion of our Skills Team, Team Renaissance. Also with us
this evening is our state director for Skills U.S.A. and that's Mr. Harold Neville, who is
also a part of, actually, Team Renaissance, as well as the Renaissance school here at
Meridian. So, he is actually my direct supervisor and I'm sure I have to be very kind
with words this evening, otherwise, I will be hearing it for the rest of the school year and
forever. So, with that that is our team intact. Brief history of the board. I saw some
people looking and we will leave that here this evening. That was last year's project,
which was the Meridian build. I don't know if all of you were aware that the students
competing with that last year took gold metals throughout the entire state of Idaho. We
went onto national in Kansas City, Missouri, where we are competing nationwide. We
scored ninth in the nation. So, the City of Meridian, with its youth, came in the top ten of
the City of Meridian nationwide. So, let you be aware of that. The students did a
fantastic job stepping up and really carrying the ball on that, so with that anything else,
Mayor?
De Weerd: I would ask you all to come forward. If you would get on either side of me.
Because this is all about you guys. This is a proclamation I have the honor to read.
Skills U.S.A. Team Renaissance Day. Whereas the City of Meridian is proud to
recognize deserving citizens of this community, especially students who accomplish
great things on behalf of their community and whereas Renaissance Magnet High
School's Skills U.S.A. students have demonstrated generosity and compassion for the
2009 Special Olympics World Winter Games by constructing the judges' platform for the
floor hockey venue and whereas Skills U.S.A. Team Renaissance willingly performed
numerous hours in planning and constructing a home within the Joint School District No.
2 during their class time and weekends for a family in need and whereas the Mayor and
City Council of the City of Meridian, acknowledging Skills U.S.A. Team Renaissance
and their efforts of their classmates and Mr. Mark Enger residential construction class,
therefore, I, Tammy de Weerd, Mayor of the City of Meridian, do hereby proclaim March
24th, 2009, as Skills U.S.A. Team Renaissance Day in Meridian, Idaho, and call upon
the people in the Treasure Valley to celebrate the accomplishments of Skills U.S.A.
Renaissance Team. Please join me in congratulating this team and the good things
they have done and will continue to do.
Neville: Mayor and City Councilmen, thank you very much for this honor. April 9th and
10th is the state contest for Skills U.S.A. Those of you that are my age will remember
when about the only student organization in the state was FFA. But now there is seven
recognized student organizations and Skills U.S.A. is a student organization for the
trades and those programs that move towards industry certification -- move the students
towards those certifications. So, April 9th and 10th there will be approximately one
thousand students from across the state and the Treasure Valley. We have
competitions in Boise and .Meridian. In fact, the Renaissance Center in Meridian
School District is -- houses masonry, residential construction, digital home technology
integration and culinary arts. All of those competitions -- and we actually hold about 90
competitions in different venues around Boise and Meridian and we'd like to invite any
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March 24, 2009
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of you that are interested -- and, of course, all of the citizens of Meridian, if you are
interested in seeing students in action, tomorrow's future leaders and workers, please,
come to our state contest April 9th and 10th. If you're not sure where to go, just come
to Renaissance Center, the old Jabil building, you will see Mr. Enger's team in action
and many other construction students and we can put you on a bus, if you need
transportation, and take you around to all of the different contest sites. So, anyway,
about 90 different contests, about a thousand different students from around the state.
So, it's a great time and we'd really enjoy it if you could come join us. Thank you.
De Weerd: And I will say that last year while we were building the habitat home I had
the honor of seeing it at the different stages of construction and what a quality program
and what an asset to this valley this program has been and I'm very proud to say that I
am the Mayor in this Joint School District No. 2, because they do quality things. So,
thank you.
Item 6: Consent Agenda:
A. Approve Minutes of March 9, 2009 City Council Special Joint
Meeting:
B. Approve Minutes of March 10, 2009 City Council Regular Meeting:
C. Findings of Fact and Conclusions of Law for Approval: AZ 08-
014 Request for Annexation and Zoning of 2.74 acres from RUT
district in Ada County to the L-O district for Kings Con~re4ation
Church by King's Congregation -1201 E. Victory Road:
D. Approve Beer, Wine and Liquor License Renewals:
Big Smoke, LLC 234 W. Franklin Beer & Wine
Kahootz Steak & Alehouse 1603 N. Main Beer & Wine
White Water Saloon, Inc. 1646 N. Meridian Beer ~ Liquor
Divine Wine, LLC. 2310 E. Overland Rd. #105 Beer 8z Wine
Texas Roadhouse 3801 E. Fairview Dr. Beer & Liquor
Gelato Cafe 2053 E. Fairview #101 Beer & Liquor
Sakana 1718 S. Eagle Rd. Beer & Wine
Louie's Pizza & Italian 2500 E. Fairview Beer & Liquor
Winco Foods LLC 1050 S. Progress Ave. Beer & Wine
Corona Village 21 E. Fairview Ave. Beer & Liquor
E. Addendum to Development Agreement: MDA 08-002 Request
to Modify the recorded Development Agreement for Volterra
Subdivision AND create a new Development Agreement for a
mixed use /commercial employment area for Volterra Mixed Use
by Primeland Development Company, LLP -west of N. Ten Mile
Road and north of W. McMillan Road:
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March 24, 2009
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F. Initial Point Gallery Acceptance Aareement: Brian Schreiner:
G. Human Resources Professional Services Aareement with AMS
Training Consulting:
H. Chance Order No. 1 with Civil Survey Consultants for 2008
Water System Flush Lines for $1,785.00:
I. Task Order No. 0772a with JUB Engineers for Downtown
Sewer Study and CIP Phase 2 for $29,258.00:
J. Agreement for the Placement of Vending Machines in City Hall
with the Idaho Commission for the Blind and Visually
Impaired•
K.
CH2M
Retrofit for $7,500.00:
L. Change Order No. 3 with ACHD for Main Street /Meridian Road
Split Corridor Phase 1 for $1,825.00:
M. Chance Order No. 5 with ACHD for Main Street /Meridian Road
Split Corridor Phase 1 for $9,500.00 with $2,550.00
Reimbursed:
N. Chance Order No. 7 with ACHD for Main Street /Meridian Road
Split Corridor Phase 1 for $1,404.50 with total to be
reimbursed:
O. Water Easement for University of Phoenix by PHA /Boise.
LLC:
P. Real Estate Purchase Aareement for Lift Station Lot at
Whitestone Estates Subdivision:
De Weerd: Okay. Item No. 6 is the Consent Agenda.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I move we adopt the Consent Agenda as published and for the Mayor to
sign and the Clerk to attest.
Hoaglun: Second.
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March 24, 2009
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De Weerd: I have a motion and a second to approve the Consent Agenda. If there is
no discussion, Madam Clerk, will you call roll.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes.
MOTION CARRIED: ALL AYES.
Item 7: Department Reports:
A. Purchasing Department:
1. Budgeted Contract Amendment No. 8 for
Architectural Building Supply for $280.00
2. Budgeted Contract Amendment No. 3 for Advanced
Sign for $4,172.00
3. Budgeted Contract Amendment No. 2 for Axelsen
Concrete East Parking Lot for $275.00
4. Budgeted Contract Amendment No. 6 for Buss
Mechanical for $16,477.00
5. Budgeted Contract Amendment No. 4 for Hobson
Fabricating for $44,146.00
6. Budgeted Contract Amendment No. 5 for Hobson
Fabricating for $2,725.00
7. Budgeted Contract Amendment No. 2 for KB
Welding -Plaza for $4,197.00
8. Budgeted Contract Amendment No. 3 for Sunshine
Landscape -Plaza for $2,346.00
9. Budgeted Contract Amendment No. 2 for Sunshine
Landscape -East Parking Lot for $750.00
10. Budgeted Contract Amendment No. 1 for Terra
West -Plaza -for $61,220.00:
11. Budgeted Contract Amendment No. 5 for TriState
Electric for $37,514.00:
12. Deductive Contract Amendment No. 9 for Architectural
Building Supply for ($365.00):
13. Deductive Contract Amendment No. 7 for Buss
Mechanical for ($1,026.00):
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14. Budgeted Contract Amendment No. 7 for Commercial
Painting for $2,412.00:
15. Deductive Contract Amendment No. 5 for Simplex
Grinnell for ($1,026.00):
16. Budgeted Contract Amendment No. 2 with Rule Steel for
$43,719.00:
17. Deductive Contract Amendment No. 1 for Rule Steel for
($15,750.00):
18. Deductive Contract Amendment No. 5 for TriState
Electric for ($1,026.00):
19. Budgeted Contract Amendment No. 6 -for American
Wallcover for $1,114.00: Approve
20. Deductive Contract Amendment No. 6 for AATronics for
$1,026.86: Approve
21. Decutive Contract Amendment No. 6 for Hobson
Fabricating for $1,061.00: Approve
De Weerd: Item No. 7 is our Department Reports. I will turn this over to Mr. Watts.
Watts:. Thank you, Madam Mayor, Council Members. Tonight we have the final -- well,
21 final change orders for the City Hall project and would like to make a note that I have
six additional deductive change orders that will be coming through in the next couple of
days and I can read those numbers out, as well as those dollar amounts and I would
like to do that now for the record. I have a change order number ten for ABS, phase
three, for a deduction of 1,026 dollars. I have a change order number three for Western
Roofing for a minus 35 dollars. I have change order number five, the Idaho Custom
Wood Products, in the amount of negative 1,090 dollars. Change order number six for
Precom in the amount of negative 1,026 dollars. Change order number four to Apex
Security in the amount negative 415 dollars. And change order number five to Apex
Security for a negative 1,026 dollars. And that will wrap up the City Hall project. We
have begun to close all the contracts out and release retention. We have had
contractors start to pick up their checks today and bring their lien releases in. We do
have the tax commission releases, so we are on our way to closing out the project. We
have two or three contracts that we still have open, as we have ongoing issues that we
will be bringing those to close here after we get resolution on the items. For the items
that we have on the agenda tonight I do have Tom Coglin here from Petra to answer
any questions on any of the 21 changes that we are bringing forth tonight.
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Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I don't know who wants to answer these, but I do have some questions. On the
bathroom on room number 137, we were charged 280 dollars to add a privacy lock.
Why was that not in the original bid?
Coglin: I'm song, Councilman Bird, I didn't hear the beginning of --
Bird: On bathroom --
De Weerd: Just for the record --
Bird: -- 137.
De Weerd: Mr. Bird. Just if we can get Tom for the record to state his name.
Bird: Oh, I'm sorry. Okay.
Coglin: T•om Coglin with Petra.
De Weerd: Thank you, Tom.
Coglin: Which change order, Councilman Bird?
Watts: Change Order 8 for ABS.
Bird: For ABS. The privacy lock in the bathroom 137. Was that -- that's -- I don't think
that -- is that a public bathroom?
Coglin: Yes. It was designed with a lock on it. It should have had apush-pull from
beginning, so this is paying the contractor to change it out.
Bird: Why -- why were we charged, then, extra for a lock if it was designed for a lock?
Coglin: It was designed for a lock. We put apush-pull on it to match the other
restrooms.
Bird: Well, wait a minute. We got -- the change order says a privacy lock.
Coglin: To change privacy lock on lady's restroom to push-pull plate to match other
restrooms.
Watts: So, Mr. Coglin, do we -- do we get a credit back for the lock or did that go in --
does that get to go into our attic stock?
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Bennett: That would go into your attic stock.
Watts: So, that will go to Eric, then?
Bennett: Yes.
Watts: Okay.
Coglin: It was changed from a privacy lock to apush-pull.
Bird: Okay. Change order two for Akleson for 275 for wire mesh in concrete for the
walkway. Is not that astandard -- industry standard to put the mesh in when you lay
concrete on ground?
Coglin: In B that was the added feature walkway, the railway feature. When they
sketched it out it didn't have any wire in it, so we added the wire.
Bird: Now, acontract -- or concrete construction company would normally have that in
with the concrete; am I not right?
Coglin: Normally, yes, you would. It wasn't. It was an added walk that was put onto the
Zamzow's -- adjoining the Zamzow's property.
Bird: Okay. Also on change order six for Buss Mechanical, some of that is for glycol
and wouldn't that -- wouldn't that come with the mechanical equipment? Why would we
have additional glycol?
Bennett: The heat system in the building didn't have a glycol system designed into it
and there was concern that it would freeze up and so the engineer issued an ASI to add
that glycol system, so that when the pipe run outside to the air handler, the return water
system wouldn't freeze up. So, the engineer added it by ASI.
Bird: So, our mechanical engineer missed that when he designed the system?
Bennett: I don't know that he missed it, but he decided to add it later.
De Weerd: Gene, could you state your name for the record.
Bennett: Gene Bennett with Petra.
De Weerd: Thank you.
Bird: Change order four to -- to Hobson, I think we need to go over that before we --
there is some stuff on here that needs some real questions before we approve this. It's
painting the white grills. You know, who specified as white, you know, and not matching
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March 24, 2009
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the wall color? Twenty-two grills for smoke detector spacing. And, you know, we are
paying for -- we are paying for the boiler flue, taking it -- we were told it couldn't be like
the original design and we paid to have it changed, now we are paying to have it
changed back to the original? I -- we need -- this change order four to Hobson, I -- I
can't speak for the others, but --
De Weerd: Mr. Bird, did you not look through these with Mr. Watts and Petra and have
discussion on this prior to them being put on the agenda?
Watts: No. Just briefly Mr. Bird and I went over them. We did not go over them with
Tom or Gene.
De Weerd: Is there a problem delaying these for a week, so that these questions can
be discussed? I mean I -- I don't know if this is the right venue for -- I mean we should
ask the questions, but is --
Watts: We can remove this one and have some question and answers on this. That
would be prudent.
Bird: Yeah. Madam Mayor, there is -- we need to get the ones that we agree with, get
them so the guys get paid. We have held the money long enough. But some of these I
don't think the city is responsible for it, but --
De Weerd: Mr. Bird, can you kind of go through which ones that you have questions
and we could remove those?
Bird: Number five. I guess number four has been answered. I guess there is nothing
more we can do there. Number three has been answered. KB. Where is the one for
KB?
Watts: Mr. Bird, I think I can answer your question for --
Bird: Go ahead.
Watts: -- KB Welding. I have spoke with Steve Simmons from LCA. That was a design
flaw on those panels out front. We had to have KB remake those, because the space
was too large for the fire department. The wall would not fit through there. It's not up to
KB to take on that cost. If they -- they built them as designed, LCA has admitted that
was an error on their part. I spoke to Steve Christensen this morning and he did agree
that that was an error on -- on LCA's part. So, we will address that with LCA. I assume
that's going to be a deductive change order for that exact amount to LCA.
Bird: Okay. And the other one that I got a question on, Keith and I did not discuss.
This was with Terra West for 61,000. What was that for?
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Coglin: For a variety of items. The majority of it's for the redesign. It's done on the
plaza. For the second bid. And adaption for the future parking lot, the east parking lot.
Revisions to the south parking. The exit stairs. Walks on the west elevation of the
building. The addition of those.
Bird: Are these -- Tom, were these extra architectural generated or owner generated
requests?
Coglin: You have individual incidences of both. We'd have to sit down and go over
which particular ones would be --
Watts: Can you go through that, Tom? There is only like six items on here. Correct?
Coglin: Yeah.
Watts: Can you --
Coglin: Councilman Bird, do you have a copy?
Bird: I don't.
Watts: I do have it. Would you like it, Tom?
Coglin: I think it would be easier for him to follow along if he could see it. The first item
RFP-1 was the base board revised drawings for the plaza redesign.
Bird: Okay.
Coglin: He added the curb, gutter, and paving along the east edge of the plaza. There
was a sand and grease trap they added. Some of the valley gutter was changed
around. This was the redesign that simplified some of the water feature stuff and led to
the rebid of the water feature, but it added the approach and clarified that to allow for
the future addition of the east parking lot. The next item that -- number three there, the
south parking lot revision, the lot was -- the layout was revised. The catch basin
relocated to -- I believe to resolve some of the problems with the irrigation line as it
came from Zamzow's and some of that.
Bird: Is that -- is this that one there?
Coglin: I think that's that one right there. ASI 111 is the exit stairs on the west elevation
at the request of the fire department, they wanted them laid out a little differently with --
an actual hard walkway before it was a -- kind of a stone path. A stepping stone.
Watts: In kind of the fire riser room; correct, Tom?
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March 24, 2009
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Coglin: No. It's on all of it. On the emergency exit and the -- 112 was some plaza civil.
That had mainly to do with the ACHD comments and the right of way and moving that.
Item six was for lowering the irrigation box at the south parking lot. Item eight, some
motorcycle parking that was added at the city's request. Next item is 11. The --
Bird: The plaza clock?
Coglin: Yeah. The rearrangement of the plaza out there to accommodate the clock in
that layout.
Bird: Okay.
Coglin: ASI 145, the south parking lot markings. That was -- we had the LEED
requirements, the markings for the low emission vehicles in the car pool, satisfied one of
the LEED requirements. ASI 147, pre-cast parking bumpers to the south parking lot.
RFI 210, Zamzow's drainage. That was for the -- the retaining wall along the Zamzow's
property. And 15 was hauling the top soil. And 16 involved some work that was traded
out between the water feature contractor and the earthwork contractor here. It was
deducted from the water feature contract's scope and done by Terra West.
Bird: Okay. Well, if it's agreeable with Tom, you and Gene, I would recommend that we
could go ahead and -- you have answered the questions on everything, but the only one
I have still got questions on is the Hobson one. I need some clarification personally. I
can't speak for the other four people sitting up here, but, you know, we are not talking
about four dollars, we are talking about quite a large amount and I -- to me it looks like
we are paying for something that we didn't -- shouldn't have had to pay for, but that's
something we need to work out.
De Weerd: So, on --
Bird: Madam Mayor, Iwould -- I would --
De Weerd: -- option number five is --
Bird: Number five is the only one I would not -- and, of course, we are not going to
argue at all over the deductive ones, which we have quite a few of them.
De Weerd: Well, Councilman Bird, before you move on with --
Bird: I'm not moving.
De Weerd: Oh. Okay. I guess, Keith, I have a question that we need to bring up with
LCA on that Zamzow's drainage. You know, that should have been part of the original
design and I know we talked about those at the construction meetings --
Bird: You better believe it.
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De Weerd: -- and, you know, that's -- that's over 9,000 dollars and that -- and that's
number 14. So, that needs to be a discussion item with LCA, just like number seven
does.
Watts: Yeah. I will make that note and we will bring that up with them.
Bird: Madam Mayor, I agree wholeheartedly, but let's get -- let's get this subcontractor
-- or this contractor paid. Some of these have been held out, as you know, for a long
time and these people need their money. So, Madam Mayor, with your permission, I
would make a motion that we approve all purchasing order additions and deductions
one through 21, excluding number five, which is amendment number four for Hobson
Fabricating for 44,146.
Rountree: Second.
Watts: Thank you, Mr. Bird.
De Weerd: Okay. I have a motion and a second. Discussion, Mr. Watts?
Watts: No. Just approval to have Mayor sign and Clerk to attest and --
Bird: Oh, yeah.
Watts: Thank you very much.
Bird: Mayor to sign and Clerk to attest.
De Weerd: Okay. Any discussion? Hearing none, Madam Clerk.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes.
MOTION CARRIED: ALL AYES.
De Weerd: Gene, is there anything you would like -- this might be your last Council
meeting or -- if I'm hearing right. I'm sure you're celebrating, but anything you would like
to add?
Bennett: Not really. I think things are cleaned up at this point construction-wise,
completion of the work. Paperwork-wise, I appreciate Keith's help in pushing this
through, because these companies are -- are due their money and I thank you for that.
We still have retention to go on the east parking lot and you will be seeing those shortly,
because we have got occupancies and all of that is done and so that will be coming to
you directly as well. Those that are not being released at this point are the plumber for
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March 24, 2009
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some chiller work that may have to be done. We will find out as the warm weather
approaches. And, then, your mason, cleaning up the exterior of the building. So, those
are the main two that are outstanding at this point and they know the work that they
have to do there.
De Weerd: Okay. Mr. Watts?
Watts: There is one other and that is the -- well, the masonry on the building and, then,
the masonry on the front water feature as well. That's the third.
Bird: Madam Mayor?
De Weerd: Yes, Mr. Bird.
Bird: How about the concrete out here, those cracks in the curbing?
Watts: We will be -- that is correct. That is Akleson Concrete. Tom Johnson from our
inspection department has been in touch with them and they are working those details
out to get that corrected.
De Weerd: Okay. Anything further from Council? I can say that it's been a joy to be in
the building and we have gotten a lot of positive comments from our citizens and so we
thank you.
Bennett: You're welcome. You will for a long time.
Bird: Been nice working with you, Gene.
Watts: Thanks, Gene and Tom.
B. Planning Department:
1. Follow Up on CDBG Discussion:
De Weerd: Okay. Item number B is our Planning Department. Hi, Matt.
Ellsworth: Madam Mayor, Members of the Council. Thank you. I am here this evening
to provide a brief rundown on how things penciled out after last week's discussion of
CDBG funds and use thereof and to seek Council's approval and/or any adjustments
that you'd like staff to make in working things in that direction. So, if you will recall from
last week, Council gave staff priorities as to how best to use CDBG funds that are
currently available and last week after that direction was provided staff went back,
assigned numbers, values to each of those, scored it like golf and this is what we came
up with as far as low score to high. Centennial Park improvements was priority number
one. Facade improvements. Number three was Five Mile Creek pathway. Number
four was community center ADA upgrades. Number fve the McFadden Market. And
Meridian City Council
March 24, 2009
Page 15 of 49
number six was sidewalks. So, staff this evening, again, would like to give you a
rundown on how we are going to try to move things in that direction and seek
concurrence for that direction. If you will recall from last week, through the stimulus
package that was signed on February 16th, the CDBG funds that the city had for the
current program year will receive a bit of a boost and -- to the tune of 64,000 dollars,
give or take. With those funds staff proposes working toward the Centennial Park
improvements that we discussed last week. The tax years of that will require the
preparation of an income survey in order to verify that residents within the service area
of that park do meet HUD's criteria for low moderate income benefit. Staffs confident
that that can come together on the survey side by mid August, which would keep those
improvements on track for purchase and installation by mid to late fall of 2009. We also
discussed briefly last week some leftover funds from 2007 that are the result primarily of
certain projects coming in under budget for that program year. We now need to go
through the process of figuring out how to spend that money for which staff proposes
the following projects. Number one is Five Mile Creek pathway design, which -- which
we discussed last week. The estimated design cost for that project is 40,000 dollars.
The timeline for completion of that design is roughly this fall is when staff feels that
could come together. Another use of that 84,000 dollars up on the screen there is for
the community upgrades, which we discussed last week. Some of the folks from LCA
were kind enough to walk through the site with staff a couple weeks back, they
estimated in the neighborhood of ten to twenty thousand dollars for those ADA
upgrades in order to complete those. Finally, Council also expressed an interest last
week in pursuing, to the extent possible within the parameters set by HUD, any public
services that we could to programs such as CATCH, Backpack For Kids, the Meridian
Food Bank and the like. The maximum amount of expenditure within the funding cap
that the city needs to operate under for those uses is 24,000 dollars, which is what staff
proposes we move forward with. And to touch briefly on the 2009 program year, which
staff will be drafting a plan for in the upcoming months, I wanted to give you a heads up
on a couple of things. The first one relates back to the design of the Five Mile Creek
pathway and as you will recall from last week, there is an expectation from HUD that if
the city spends money on the design, that you move that forward within a reasonable
amount of time. One possible way to do that is to consider using some of next year's
program year allocation for the construction of that pathway. The construction
estimates for that pathway right now are 150,000 to 350,000. It's a pretty wide range.
What that difference amounts to is the service type and that's probably a conversation
for another day. We can get into that while we are drafting the '09 action plan, if Council
is amenable to the direction outlined by staff this evening. Another project slash
program for potential inclusion in the '09 action plan is facade improvements, which
came up as Council's priority number two. On somewhat of an unrelated note, the MDC
board is moving forward with the use of their program year funds from 2007 for a facade
improvement program in downtown. We are hopeful that's going to come together
sometime this summer. That would still allow time as the 2009 program year funds
become available in roughly October, to include in next year's action plan some
additional funds for that purpose and to move it forward at that time. So, what all this
would entail is, one, for the left over 2007 year funds, an amendment to the 2007 year
action plan and that amendment would include funds of the pathway design, funds for
Meridian City Council
March 24, 2009
Page 16 of 49
the ADA upgrades to the community center, and also funds for the public services, the
CATCH, the Backpacks, and the Food Bank. It would also include a second
amendment. This one to the 2008 action plan and that would be in order to receive the
funds that will be coming through the stimulus and that amendment would include the
survey and the purchase and installation of the equipment for Centennial Park. And just
a brief outline for how next year's action plan would come together. From April to June
staff will draft the 2009 action plan, followed by moving it through the public hearing
process and back to City Council for adoption in roughly July, prior to forwarding that
plan to HUD for their approval in August. So, with that I would stand for any questions
and, again, seek your comments and/or concurrence of the stuff outlined by staff.
De Weerd: Thank you, Matt. Questions? Mr. Rountree.
Rountree: Madam Mayor. Matt, you did a great job of filtering through our rambling last
week and I think what you have done is right on.
Ellsworth: Thank you.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Matt, with these funds come the normal federal Bacon Davis and paperwork, am I
not right?
Ellsworth: Councilman Bird, that's correct.
Bird: Okay. Thank you.
De Weerd: Any further questions? I'd like reiterate what Councilman Rountree said.
Great job. Anytime you can interpret us, that's quite a milestone, so -- and thank you to
Dean for the turnaround in the minutes, too. Greatly appreciated.
Ellsworth: Absolutely.
De Weerd: Okay. Anything further from staff? Do we need Council action tonight on
this?
Ellsworth: Madam Mayor, Members of the Council, no formal action is necessary. Staff
just wanted to seek your approval for the direction that we are going to move from here.
With your approval I'd like to come back on April 7th, again, to open the public hearing
and comment period for those two action plan amendments, the '07 and the '08 plan
years, so unless there are any objections to that, we will be back again in a. couple
weeks.
De Weerd: Very good. Okay. That was our Department Report. Under Item 7-B.
Meridian City Council
March 24, 2009
Page 17 of 49
Item 8: Items Moved from Consent Agenda:
De Weerd: There were no items moved from the Consent Agenda.
Item 9: Tabled from January 27, 2009: FP 08-018 Request for Final Plat
approval for 5 commercial building lots and 2 common lots on 19.18 acres
in a C-G zoning district for Pinebridge Subdivision No. 1 by Stanley
Consultants, Inc. -1830 East Pine Avenue:
De Weerd: Item No. 9 was requested to continue to April 28th. Oh. Mr. Zaremba.
Zaremba: I was going to make that motion. I move that we continue Item 9, FP 08-018,
to our regularly scheduled meeting of April 28th.
Hoaglun: Second.
De Weerd: Okay. I have a motion and a second to continue Item 9 to April 28th. All
those in favor say aye. All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
Item 10: FP 09-002 Request for Final Plat approval for 21 building lots on 12.62
acres in a C-G zoning district for Una Mas by Una Mas, LLC - 3475 East
Ustick Road:
De Weerd: Okay. Item 10 has also been requested to continue to April 7th.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I move that we continue Item 10, FP 09-002, to our regularly scheduled
meeting of April 7, 2009.
Hoaglun: Second.
De Weerd: Okay. I have a motion and a second to continue Item 10 to April 7th. All
those in favor say aye. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Item 11: Public Hearing: 2009 Parks & Recreation Fee Schedule:
De Weerd: Item 11 is a public hearing on the 2009 Parks and Recreation fee schedule.
I will open this public hearing with staff comments, Mr. Siddoway.
Meridian City Council
March 24, 2009
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Siddoway: Thank you, Madam Mayor, Members of Council. Per our discussion at the
February workshop we have worked with Emily Kane in the legal department and got
the -- the proposed Parks and Recreation fees noticed properly for public hearing
beginning tonight. Colin Moss is here to make a brief presentation on the -- the
changes to the Parks and Recreation fees. I will be passing out a copy of our new
register -- our softball roster, where we have taken Council's direction from our February
workshop and have begun requesting information about Meridian residency, anticipating
future changes to nonresident fees at the end of this year. With that I'll pass these out
and ask Colin if he'd come up to the podium. Thanks.
De Weerd: Thank you for joining us.
Moss: My pleasure. Madam Mayor and Members of the Council, I'll just be real brief
about some of the changes to our fees for this year, hopefully try to head off some of
the questions that you may already have. Some of the -- a lot of the fees are going to
be in our adult sports leagues where we have changed around the fee structure while
not really changing the amount that the teams will pay, kind of rolled all the fees into
one team fee, whereas in the past they pay the team fee and a per player fee, as well
as an association fee to whichever sport it might be. And so we have kind of rolled all
that into one to make it easier to understand for the team and so that they just pay one
fee up front, instead of having to come back and continue to pay additional fees
throughout the season as they add more players. We also have some changes to the
girl's fast pitch league fee. It changed -- it went up by quite a bit as well and that is not
-- that did not have anything to do with rolling fees altogether, the changes for that were
due to some changes to the structure of the league. We added so that there is two
umpires at every game, which is -- which is quite a bit more spendy throughout the
season and, then, we also added 25 dollars per team to the registration fees per
Council request for -- to help offset the cost of some of the Heritage Middle School
fencing improvements that we did this spring. Other than that, I just want to point out
what Steve said about our roster, that we will be -- with all -- with all our sports from now
on through the end of this year we will be tracking the residency of the players it's kind
of on an on your honor system at this point to get a good idea of how many of our
participants are Meridian residents and we will be back to report some of those numbers
when we get -- when we get that data. So, I'd like to open it up for questions now.
De Weerd: Okay. Council, any questions?
Rountree: I have none.
Bird: I have none, Mayor.
Rountree: Just a comment. Thank you, Steve and Colin, for getting the general survey
information on the application. I think that will be useful.
Bird: Yeah.
Meridian City Council
March 24, 2009
Page 19 of 49
De Weerd: Okay. This is a public hearing, so I would ask if there is any members of
the public who would like to provide testimony on this item? Seeing none, Steve,
anything further you would like to -- anything else you would like to add?
Siddoway: No, Mayor. I think Colin covered the highlights just fine. Thank you.
De Weerd: Colin, we appreciate you being here.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: Is this an item that needs to stay open for like a 30 day comment period or
can we close it and move tonight?
De Weerd: Mr. Baird.
Baird: Madam Mayor, Members of the Council, Council Member Zaremba, it's my
recollection that we normally adopt these through resolution and so what we would be
looking for tonight is for you to close the hearing, this -- we have advertised this
according to state statutes, so there has been sufficient notice to the public, no one felt
to show up tonight, so there is no required waiting period after tonight. So, if it's your
desire to so move that we bring this back in resolution form to approve these changes,
we will do that.
De Weerd: Okay. Thank you.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I move that we close the public hearing on Item 11.
Hoaglun: Second.
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 carves.
MOTION CARRIED: ALL AYES.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Meridian City Council
March 24, 2009
Page 20 of 49
Zaremba: I move that we request
formal action on our next regular
right? So, that would be April 7th.
Hoaglun: Second.
that this item come back to us as a resolution for
meeting agenda. We are not meeting next week;
De Weerd: I have a motion and a second to do what he said. You don't need to hear
me talk. Okay. Any discussion? Madam Clerk, will you call roll.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Thank you.
MOTION CARRIED: ALL AYES.
Item 12: Public Hearing: Substantial Amendment of the 2007 Community
Development Block Grant (CDBG) Action Plan:
De Weerd: Item 12 is a public hearing on our CDBG action plan for 2007. I will tum this
over to Matt. Thank you, Steve.
Ellsworth: Thank you, Madam Mayor, Members of the Council. This is similar to the
ones we were just discussing. This is to tie up an outstanding amendment to the 2007
year action plan. The draft plan amendment was originally presented to Council on
February 11th of this year, at which time Council accepted that amendment and opened
the public comment period. Federal standards require that the comment period remain
open for at least 30 days, which we have now surpassed and in the interim we did not
receive any public comments. The amendment would allow the city to spend CDBG
funds from the 2007 program year on the Meridian Food Bank in the amount of 10,000
dollars and also to provide the Boys and Girls Club with some fund to construct a new
fence, freeing up staff time to devote to other issues. So, like I said, we have not
received any public comments. The actions before you for consideration this evening
are, one, to close the public hearing and, two, to adopt the resolution that's there in front
of you in your packet. So, with that I would stand for any questions.
De Weerd: Thank you. Council, any questions?
Rountree: I have none.
De Weerd: Is there any member of the public here to testify on this item? Okay. Thank
you. Council?
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Meridian City Council
March 24, 2009
Page 21 of 49
Rountree: I move that we close the public hearing for Item No. 12.
Bird: Second.
De Weerd: I have a motion and a second to close the public hearing on Item 12. All
those in favor say aye. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Item 13: Resolution No. Substantial Amendment of
the 2007 Community Develoument Block Grant (CDBG) Action Plan:
De Weerd: Item 13 is resolution number 09-654. We don't read resolutions by title, do
we?
Baird: Madam Mayor, no.
De Weerd: Okay. Didn't think so.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I'd move that we approve resolution 09-654.
Bird: Second.
De Weerd: Okay. I have a motion and a second to approve resolution number 09-654.
If there is no discussion, Madam Clerk, will you call roll.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes.
MOTION CARRIED: ALL AYES.
Item 14: Public Hearing: CPA 09-003 Request to change the Comprehensive
Plan Future Land Use Map designation on 2.051 acres of land from
"medium density residential" to "commercial" for Goff by Garland Goff and
Shannon Hamrick - 1665, 1705 and 1725 West Pine Avenue:
Item 15: Public Hearing: AZ 09-001 Request for Annexation and Zoning of 0.76
of an acre of land with a C-N zoning district for Goff by Garland Goff and
Shannon Hamrick - 1725 W. Pine Avenue:
Meridian City Council
March 24, 2009
Page 22 of 49
De Weerd: Okay. Item 14 and 15 are public hearings on -- do we want to hear these
together, Anna?
Canning: Yes.
De Weerd: I will open the public hearing on Items 14 and 15 for CPA 09-003 and AZ
09-001 with staff comments.
Wafters: Thank you, Madam Mayor, Members of the Council. The first item is a
Comprehensive Plan amendment to change the future land use map designation on
2.05 acres of land consisting of three tax parcels from medium density residential to
commercial for the properties located at 16.65, 17.05 and 17.25 West Pine Avenue. Let
me get my presentation up here. This is the vicinity map showing the subject property
and the zoning -- current zoning of it. This is an aerial view. No development is
proposed at this time on the properties at 1665 and 1705 West Pine Avenue. The
applicant has submitted a concept plan showing how the property at 1725 West Pine,
which is the parcel on the far west side here, is proposed to develop. A copy of the
existing future land use map showing medium density residential for the subject
properties and the proposed changes to the future use map showing commercial for
these properties. The annexation and zoning application is fora 1.76 acre parcel with a
C-N zoning district for the property located at 1725 West Pine Avenue, which is shown
here on the vicinity map. This is a copy of the aerial view. The application has
submitted a site plan showing how the existing residential property is proposed to
redevelop as a swim facility. The site is proposed to house FLOW Aquatics, a
corporation specializing in learn to swim lessons for beginners and stroke instruction for
valley triathletes and other more advanced swimmers. The existing home is proposed
to remain and the applicant is proposing to construct a 70 foot by 81 foot addition. The
swim facility is proposed to consist of approximately 1,300 square feet of administrative
area, 6,200 square feet of instruction area, mechanical and storage areas. The facility
will have three small in-ground, warm water teaching pools, changing stalls, bathroom
facilities and a waiting viewing area. The facility is currently operating in Meridian and
will continue to provide the community with the team to swim program for beginners and
efficiencies in swim stroke instruction for valley triathletes and other more advanced
swimmers as previously stated. Access to the site is proposed via one access driveway
to -- from West Pine Avenue. Off street parking is shown on the site plan, which meets
and exceeds the standards listed in the UDC for commercial uses. The site plan on the
right has been revised to reflect the fire department turnaround further to the south. No
trees will need to be removed to accommodate the turnaround in this location. On the
previous original plan two trees were going to be -- needed to be removed to install that
turnaround. The applicant will need to submit a final version of the plan that meets the
fire department turning radiuses for inclusion in the development agreement. Cross-
access is not proposed on the site plan to adjacent properties to the east and west.
Staff has included a development agreement provision for the applicant to provide a
cross-access to the properties east and west for future interconnectivity upon
development of those properties and as an effort to reduce access points to Pine
Avenue, a minor arterial street. The applicant has submitted elevations that show what
Meridian City Council
March 24, 2009
Page 23 of 49
the proposed addition will look like and how it will integrate with the existing structure.
There were many letters of testimony -- I think 61 in support of this application that have
been received. The applicant has also submitted a response to the staff report.
Outstanding issues that the applicant has sited in his letter are as follows: Number one,
the Commission's recommendation that future uses on the site be limited to only an
aquatic fitness facility. The applicant requests this restriction be removed or instead
consider prohibiting certain uses that may not be acceptable, instead of all uses but this
one facility. Number two, the requirement to provide cross-access to the properties to
the east and west. The applicant requests this requirement be removed. The UDC
does grant Council the authority to waive this requirement if deemed appropriate.
Number three. The applicant requested mitigation not be required for the two trees
necessary to be removed in the original location of the fire department turnaround. This
issue has been resolved with the revised site plan. No trees will need to be removed or
relocated with -- excuse me -- with relocation of the turnaround. Staff is recommending
approval of the subject comp plan amendment and annexation applications with the
development agreement. The Commission has also recommended approval with the
DA provisions stated. Staff will stand for any questions the Council may have at this
time.
De Weerd: Council, any questions at this time?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Sonya, do you have any idea why the Commission and maybe the staff also
wants only an aquatic facility on this property?
Wafters: Councilman Bird, Mayor, Commissioners, excuse me, Councilmen, the
Commission just wanted to keep low intense uses in this area is the feeling I got from
the meeting.
Bird: Okay.
Wafters: They didn't necessarily call out certain uses that they wouldn't like to see, they
just kind of did an across the board restriction on it.
Bird: Okay.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: Would you show the site location again and --
Wafters: The vicinity map or the site plan?
Meridian City Council
March 24, 2009
Page 24 of 49
Rountree: Vicinity map.
Wafters: This is for the annexation. Did you also want to see the Comprehensive Plan
amendment for the three properties?
Rountree: So, what constitutes the two addresses?
Wafters: There is three properties. This is the one for the Comprehensive Plan map
amendment request.
Rountree: Okay.
Wafters: The Goff property is the far west property and the Goff property is the subject
property for the annexation. The other two properties are only in for a map amendment.
They are not proposing development at this time.
Hoaglun: Madam Mayor?
De Weerd: Yes. Mr. Hoaglun.
Hoaglun: Sonya, could you go to the site map now and I want to find out what -- I'm
sorry, not the site, their -- the revised conceptual site plan. Thank you. Where are the
trees that they talked about not being required for the two trees?
Wafters: Madam Mayor, Councilman Hoaglun, Councilmen, the two trees were -- I don't
know that he shows it on his site plan. He hasn't revised his site plan totally yet. This
was just kind of a last minute cut and paste and slide down kind of thing, so he will be
doing that. They are currently in this location here for that original turnaround that was
shown on the left there.
De Weerd: Okay. Any other questions at this point? Okay. Would the applicant like to
comment? Good evening. If you will, please, state your name and address for the
record.
Goff: My name is Garland Goff. I'm at 2010 North Mumbarto Avenue in Boise, Idaho.
De Weerd: Can you pull that up just a little bit more? Thank you.
Goff: And just real quick while we are looking at this site map I'll show you the two trees
that were in question from Councilman Hoaglun. They are -- if this were -- it's this tree
and this tree would have had to have been removed had the fire department turnaround
been there. I don't know if this works or not, but -- can you see -- is this doing anything?
De Weerd: Yes.
Meridian City Council
March 24, 2009
Page 25 of 49
Goff: These two trees. But, anyway, if we could, I'd just like to give you a little bit of an
overview first of what we are proposing here that's been approved. My daughter
Shannon started FLOW Aquatics, which is a swim program. She started that five years
ago and she's grown tremendously, starting with eight, now over 200 kids and adults.
So, we found this property and we purchased this property, not knowing if we could
even get it rezoned or not, but we did chat with the zoning folks and they thought that,
yes, we probably could have some kind of zoning that would allow this. So, that's why
we proceeded on this. This is a ten month effort to get to this point, at an expenditure of
12,000 dollars. So, we are committed to this project. Shannon has spent 60 hours a
week working for the last five years to get to this point, so this is where we want to be
and we feel that this small woman-based business here in Meridian is -- very much
would be a continuation of something that's needed within this community, seeing that
we have so many ditches, lakes, rivers around where tragedy can take place. We -- I
just wanted to say, too, that we are joined in this -- the CPA by neighbors of ours. Bill
Newhouse is here. He's at 1665. And, then, Launch Ministries, which is the next
property over to us as well. Both of them have joined us on the west side -- on the east
side. I'm sorry. What we are proposing doing here, though, is building a green building.
The dome shape that you see is a monolithic dome and it's going to be a rebar
reinforced with concrete walls. It's going to have three inches of polyurethane foam
insulation, with three and a half inches to seven to 11 inches of concrete and what we
are looking for is efficiency. When we are considering having pools, we have to keep
the water warm, we have to keep the environment inside pleasant for our people and
there is a lot of energy that goes into this. The dome will provide 60 percent less
expenditure to maintain the kind of energy requirements we have. We are also looking
at installing drain back solar and we also want to utilize the latest in dehumidification
equipment, so that any heat that's drawn out of the building can also assist in heating
our pools. The drain back solar will be used to augment the heating of our pools. We
also are looking at wind turbine, just to see if we can augment some electricity. We are
hopeful that we can get some grants from either the fed or some of the local power
companies. Two more things about the structure itself and with respects to fire safety, it
is the type one or two -- or type two structure -- actually, it's a type two structure, which
primarily means it noncombustible. FEMA looks at this building and has developed
construction criteria which makes this structure able to provide near absolute protection
from humcanes and from earthquakes. The Department of Energy maintains an energy
star program that award structures built to conserve energy. With an E star rating this
building also would qualify for that. So, we are looking here at a building that is a
permanent structure, energy efficient, cost effective and, hopefully, disaster resistant, as
well as attractive we hope. I'm just going to let Shannon say a few things about some of
the community and what she's undertaking here and, then, we -- I'd like to comment on
a few other things.
De Weerd: Okay. If you will, please, state your name and address for the record.
Hamrick: Shannon Hamrick. Can't even remember my address. 2063 West Dayton
Drive, Meridian, Idaho.
Meridian City Council
March 24, 2009
Page 26 of 49
De Weerd: Thank you.
Hamrick: Madam Mayor, Members of the Council, thanks for giving us the opportunity
to come up and address you this evening and as my dad said, for the past five years we
have been growing our team to swim program again from eight children to over 200 and
to date we have helped over a thousand people, children and adults, learn to swim
throughout the Treasure Valley and, actually, outside of the Treasure Valley as well.
We have had people coming from Caldwell and Melba and Star and Eagle and
everywhere throughout the Treasure Valley. We even have people coming down from
McCall and from Hailey. We have had people come from Texas and Alaska to attend
some of our adult workshops and that kind of thing. So, anyway, we have got a little
mishmash of everything going on. We started it in a little endless pool. I don't know if
any of you are familiar with that, but it's like a little treadmill for swimmers. It's like
seven by 14 feet -- seven feet long by 14 feet wide and it was just in a little location right
off of Main Street in Meridian and since then we got to where we grew so big we didn't -
couldn't fit all the kids in the pool anymore, we had about 175 kids that we were going
through there and so, eventually, we had to go and find bigger water and, unfortunately,
in Meridian there was not any for rent. We could not find any pool space at all in
Meridian, so we had to go to Boise. We had gone to the YMCA, we have been to BSU,
we have been to multiple locations throughout the valley with all of our clients in tow
every time we end up moving for one place to the other. And, of course, with renting
you're not in control of a lot of the circumstances, so we had to overcome cold pool
temperatures for the kids. We had to overcome chemical issues -- chemical stuff. Bad
air quality. Scheduling conflicts. And everything else that comes with renting a facility.
But, hopefully, with this new facility it will allow us not only to bring our lessons back to
Meridian, but it will also allow us to enhance to some lessons we offer and also start
offering other -- other services for our community, such as aquatic exercise for our
seniors, as well as adaptive aquatics. We have had multiple inquiries, but we just don't
have the pool space to be able to offer those services right now. We'd also wish to start
a scholarship program for children who can't afford the services that we offer right now
and also start a community education program on water safety. I guess it's not as big
here as it is in California and Arizona where there is lots of water around, there is lots of
irrigation ditches and things, so people just aren't aware of -- I mean you walk around --
Ithink in Arizona it's a law that you have to have gates around your pools. Here you
walk around and there is nothing. People could fall into pools all the time. So, it's just
an education that people need to learn how to prevent these things from happening, let
alone know who to swim. But, anyway, if you approve our project we are really excited
about what it will do to help us grow our business, what it will do for our customers, and
it's going to do for our community and it will also help put Meridian, Idaho, on the map
as having the first natatorium in the nation built with this dome technology. So far there
hasn't been one built. Thank you.
De Weerd: It's a great location across from the high school, too.
Hamrick: Yeah. We have got all the elementary schools there and the preschools and
everything, so --
Meridian City Council
March 24, 2009
Page 27 of 49
De Weerd: Okay.
Goff: Just to comment -- a couple of comments, if you bear with me, on the two issues
that were -- that I raised in my letter. One of -- three issues. One has been resolved, I
think, so I think we are fine with the movement of the fire department turnaround. You
know, I have looked at that site plan so many times it's like a snake bit me when I --
when Isaw it, when Chief Silva looked at it and said, well, why can't we move it here
and it didn't dawn on me. At the time that it was discussed we were -- we didn't have
the room to put in where you see my backwards P here, parking -- would be the
backwards P here. We thought that we -- since we couldn't get the correct dimensions
-- the turn dimensions in there for the fire truck, that we were very limited, so we found
this space, the previous space, which you saw in the -- which you saw in the left-hand
drawing and we moved it here. So, I think that that issue is resolved now, particularly
the cutting down of two of those trees, which are mature and very -- 45 foot spruce
trees. So, I think that one's out of the way. I would like to have a comment a tittle bit on
the future use of the parcel. I was -- I didn't understand what that was about, so I had to
ask staff to explain to me what went on that evening. I had read the DA and in the DA
that was proposed, there is a requirement that we do what we say we are going to do,
which is build the facility. And, then, when this other thing was tacked on, which I didn't
quite understand what was going on there, I just thought it was sort of a reiteration of
that requirement, I found that it's a future use issue, which doesn't seem to be very
equitable on my part, because if I were to sell this property -- if it came to the point that I
couldn't -- or that we couldn't develop this property, if something catastrophic happened
-- which could happen in these economic times and I couldn't develop and Ihad -- and I
wanted to sell my property, zoned C-N, but the next owner, if I can find an owner, would
also be required to build under this designation an aquatic center and I think that's
completely ridiculous. Now -- I mean I should have some flexibility with respect to the
development of this and I will sign the DA saying that I will develop it as per this. But --
but to take away that flexibility and my right to sell my property if I need to and, then, all
of this time, the ten months, the 12,000 dollars, that I went to get this
C-N designation and, then, to have it all stripped away from me, if I go to sell -- if I need
to sell the property, I think is inequitable. That's why I asked that it be removed, that
provision. And as I said, I think you can see that we have demonstrated that we are
dedicated to putting this in, but I also think that it's inequitable that I be penalized in that
regard to take 39 uses of the property that could take place under the zone, and strip it
all away and say, no, nobody can use that, other than to build a swim school facility.
So, that's why I -- that's my comments with respect to that. The second issue is that a
cross-access issue and while I understand the -- some of the limiting of -- of access to a
minor arterial, I have to point out that -- if we could go back to the aerial view on the AZ
-- you will see my property is here. The property just to the east in the L-shape, that
property is owned by Mr. Newhouse. I am not the owner of that property. And the
property directly to the east and front of that L-shaped is owned by Launch and, again,
that's another personal property. And private property there. I have no issue with
cross-access if I owned those properties. However, I do not own those properties. My
annexation, zoning application was for my piece of property. The highway department
Meridian City Council
March 24, 2009
Page 28 of 49
has approved my full access, because I'm 440 feet away from that signalized -- or will
be signalized Pine and Linder intersection. They also want cross-access to another
property to the east, which is the Zimmerman property. That property is in the county.
It's zoned R-1. It is also further away from the Linder intersection than I am. I have
been approved for full access. His property, if it were ever to be rezoned or pulled into
the city and rezoned, again, it would have its rights by highway department policy to
have a full access drive there. So, I don't understand, number one, to the east why
there isn't full access involved. Again, these are private properties. My application was
for my property. My property's conceptual development issues have all been approved
and I have brought to the table everything that was necessary to get that approved and
it appears that the cross-access piece is putting me in the position of mitigating access
for some future thing --
De Weerd: If you can summarize, we will let you wrap it up in your closing remarks.
Goff: Okay. So, basically, I'll summarize it this way. None of those properties that --
that were in the CPA are landlocked. I also have concerns with respects to safety with
respect to our patrons. According to the highway department study, our facility will have
792 vehicle entries and exits. If I have access -- provide cross-access to these other
properties at some future point in time, they can also have those kinds of entries and
exits. If I'm the only one --only access into those properties, I'm doubling the amount of
entries and exists taking place across the property --
De Weerd: Mr. Goff, your time is up.
Goff: Oh, I'm sorry.
De Weerd: I would ask that you save those for your closing remarks. I think we got
your point, but we can re-entertain that when you come back up. Thank you. Okay.
This is a public hearing. Is there anyone who would like to provide testimony on this
application? I do have one person signed up and that's a T.J. Clifford, who signed up
for. If you would like to provide testimony, I'd invite you up at this time. If you will,
please, state your name and address for the record.
Clifford: My name is T.J. Clifford at 941 Penwood Street, Meridian, Idaho.
De Weerd: Thank you.
Clifford: Madam Mayor, Council, I really appreciate this opportunity. This is -- I have
got two sons in the program and they have been in the program for most of the time,
actually, that Shannon's been open and we have been to other swimming lessons, you
know, they all have the safety aspects, but what we found with this program is not only
a safety -- very strong safety teaching and method, but technique is also very extremely
strong. So, both sons went from swimming and keeping afloat to having a really good
technique that's going to last, you know, their lifetime. And the technique is so good
and they are -- one of them is ten, one of them is eight -- technique is so good that, you
Meridian City Council
March 24, 2009
Page 29 of 49
know, really, you can foresee them going any direction they want with swimming,
whether it be high school sports, college sports, Olympics, or the other direction, just
having a lifetime sport and something to exercise for a lifetime. You heard -- I mean we
started in the flow pool, a little pool, and compared to YMCA and everything, we are
thinking I don't know about this, but it's a lot closer to home, easier to get to, easier to
get to the lessons and we were really impressed and have continued to be really
impressed. You know, 61 letters of recommendation is pretty good, but I'm sure there is
a heck of a lot more out there that just didn't write. So, I guess I'll just say that I think
this is a great thing for Meridian and really strong aspects of all ages, as you even said,
close to the high school. I think there is a lot of opportunity and this is also a great
location for everybody in Meridian. So, strong support definitely for the project and
hope it goes through. Thanks a lot for your time.
De Weerd: Thank you. Okay. Yes, please. Please, state your name and address for
the record.
Fogg: My name is Kathy Fogg and I live at 610 East Trinidad Drive here in Meridian.
De Weerd: Thank you.
Fogg: I brought visual aids.
De Weerd: We can actually have our planning director come up and show you how to
work the Elmo. Or whatever it's called.
Fogg: These are children of your community. These children are mine and the rest are
children of beloved friends of ours. I'm very passionate about what Shannon does. She
doesn't go through the motions. It's very important for her that children understand what
it is to swim and what it is to be safe in the water. She has devoted her life to both
children and adults. Shannon taught me how to swim just three years ago. I had never
teamed how to swim. This is a picture of my kids under the water. Three years ago
when I teamed how to swim we took a family vacation and we were in the ocean. It was
the first time that I had ever taken part of playing in the water with my children. I was
always a mom that sat on the side. I was afraid of the water. I have always been
terrified of the water. I was swimming with my daughter, who is here with me tonight, at
the time she was seven, and we were a ways out in the water and my daughter got
water in her goggles and started -- she was terrified and started to claw and grab at me.
The first thing did was look to my husband and he was too far away to do anything. We
were out in the middle of a lagoon in the ocean and I remembered what Shannon taught
me and I also remembered what she had taught my daughter and the cues that I
needed to use with her. I popped her on the head, she looked at me and I said roll to
sweet spot and she went, oh, yeah. Rolled over on her back. I rolled on my back. We
paddled in. The rest of the vacation was wonderful. What could have ended
catastrophically was an amazing vacation and has continued to be amazing for us,
because I swam with my kids. I get in the water. Our kids and the adults deserve this
facility in this community. We would be remiss to not allow it. Thank you for your time.
Meridian City Council
March 24, 2009
Page 30 of 49
De Weerd: Thank you so much. Can you beat that?
Newhouse: I can't beat that at all.
De Weerd: If you will, please, state your name address for the record.
Newhouse: Bill Newhouse. 1665 West Pine. I'm adjacent to Mr. Goffs property.
De Weerd: If you will just repeat it one more time for our stenographer.
Newhouse: Bill Newhouse.
De Weerd: Thank you.
Newhouse: Madam Mayor, Council. Mr. Goff and Shannon came over to my house or
knocked on my door and told me what they had planned. I'm old fashioned and I
believe in country. I thought Meridian grew up way too fast. I was a little upset about
this. But now I'm starting to learn the process. You got a beautiful facility here and this
building here that they are planning on opening up is really beautiful and our company is
into green. We got a green team. And I think it's wonderful that they are doing this and
I think it would be an asset to this community to have this facility next to my place.
De Weerd: Thank you so much. Hi.
Little: Hi. Madam Mayor, Members of Council. Christie Little. I'm representing the Ada
County Highway District tonight. Address is 3775 Adams Street in Garden City. And I
just want to encourage the Council and talk to you a little bit about cross-access tonight.
This is a rezone application, so the highway district only provides comments back to the
city.- So, we did comment on the proposed driveway location in conjunction with the
conceptual site plan, typically, with driveways along minor arterials we are always
requesting cities to help us out in acquiring cross-access. While this particular parcel
meets the requirements for a full access from Linder, a signalized intersection, the
adjacent properties have minimal frontage, just like this one does, and they may not
meet the offset requirements from this driveway. They may meet the offset from the
intersection, but it will be too close to this proposed driveway. So, ACHD really
recommends and encourages the city to require cross-access when we do -- when we
do get cross-access from these properties as they develop, the owner is actually given
the cross-access to the highway district, so the agreement that they enter into is with
ACRD. If the property to the west were to develop with a highly intense use -- highly
doubtful here, but if it were it would be up to the highway district and the city to evaluate
if there was a safety concern with the amount of traffic going in and out. Quite often
cross-access doesn't mean that the adjacent parcel doesn't have a driveway, in this
case onto Pine, it just means that it prevents people from having to make left turns out
onto Pine and back into another driveway to get to an adjacent land use. So, we would
just encourage your help with that.
Meridian City Council
March 24, 2009
Page 31 of 49
De Weerd: Thank you. Okay. Any questions, Council?
Bird: I have none.
De Weerd: Okay. Thank you. Okay. Any further testimony? Yes, please. You always
have the right for the last word. If you will just state your name again for the record.
Goff: My name is Garland Goff.
De Weerd: Thank you.
Goff: And I apologize. I wasn't even looking at your light there. I'm sorry.
De Weerd: That's not a problem. It keeps me employed, I guess.
Goff: I just -- I just wanted to say I understand again the cross-access issue, but I also
have safety concerns. I still have to say we have safety concerns with respects to even
entry through -- through one area, even though they can exit out. The highway
department uses a calculation that says that we are going to have 792 just for our
facility. That's vehicle entries and exits. Vehicle trips. If the next property is also a
similar commercial issue, then, we could also have another 790 some and if there is
cross-access to the property that is Launch Ministries, there could also be some
property -- some other needs for vehicle trips in there. We are not a -- we have a lot of
children, we have a lot of family members that use our facility, so when you have cross-
access it sort of lends the mentality to a through street. So, we have these people
coming through our property, they may not exit that way if, in fact, they give them limited
access out the other way, but we still have the property taking access from all of the
people coming in to use all three of these facilities, whatever they may be. Now, the
other aspect -- and, again, I'm not an attorney, I'm not a builder, I'm not a contractor, I'm
just a dad and what I -- what I'm curious about is if we do cross-access, I put in the
pavement and we have cross-access there, I'm going to negotiate with a new developer
for this other property to the east of me -- potentially two properties to the east of me
and -- for maintenance, because now I have got increased access through my property.
And if they don't want to assist in any kind of a maintenance can I stop them from using
my property? And if I can't stop them from using my property, isn't this sort of a round
about way of eminent domain, that I'm giving access to the public with no
compensation. So, I just don't quite understand why this is important at this point in
time. My application is here, but these other applications are somewhere in here and it
just appears to be that if I can't control -- I have some control over the access through
my property to these potential other properties, then, I can't risk to either restrict the time
and conditions of the public use of this property, then, it's sort of tantamount of me being
denied my fundamental rights of property ownership, so that's why I -- I have some real
questions and concerns with respects to this. And primarily safety of our patrons.
Thank you.
Meridian City Council
March 24, 2009
Page 32 of 49
De Weerd: If you will stay up there, Council might have questions for you. Council, any
questions?
Rountree: I have some questions for staff, but I don't for the applicant at this point in
time. I have some comments.
De Weerd: While the applicant is up here, do you want to talk about cross-access and
maybe how that is -- is dealt with in -- if future development comes in.
Canning: Madam Mayor, Members of the Council, it is a code requirement. So, any
other development that comes in adjoining this we would also be looking for cross-
access. It's similar to the Instant Equity issues that you heard this winter. I think Ms.
Little did an excellent job in her testimony. It's the same advice I would have given
Council myself. I think that, you know, it's not that those properties will be taking sole
access through his property -- this property potentially, but so that folks don't have to get
onto the arterial roadway to go from one business to another. This comer is developing
in nonresidential uses. Staff will initiate one for the two existing properties right at the
comer probably, to change the Comp Plan on those, because we have nonresidential
uses there as well. So, even the neighbor to the east, although they didn't want to
participate in the Comp Plan amendment, there is an auto body paint shop there
currently that's in the county. So, this is a nonresidential area. The cross-access we
require of all properties and it is code requirement and we support that one. Not to go
against the Planning and Zoning Commission, because we are not supposed to do that,
but I'm less concemed with the -maintaining the -- only this -- this being only a
swimming pool facility than I am the cross-access easements I think are very important.
De Weerd: Thank you. Any other questions from Mr. Goff? No?
Bird: Ana, explain why your -- on the aquatic facility why you're --
Canning: Why I'm not as concemed about that -- maintaining that? Again, the area is
going nonresidential. You have a school across the street that's acquiring all those
properties and, then, you have an industrial parcel to the south that's in storage. So, I'm
not as concemed about intensity of the uses. This is, actually, a fairly intense use for
that property. So, I think some of the others would be less intense. It would open up
retail opportunities right across from the school, which sometimes is a concem.
Bird: Thank you very much, Anna.
Rountree: Madam Mayor. A comment. Anna, my concem there would be drive-thru
facilities and --
Canning: We can look online. I think they --
Rountree: Other than that I wouldn't have any other concerns for other commercial type
development that might ultimately be on the entire strip.
Meridian City Council
March 24, 2009
Page 33 of 49
Canning: Mrs. Wafters is looking up the zoning code. Drive-thrus may be conditional.
Hold on.
Hoaglun: And, Madam Mayor, while Mr. Goff is up there, I might comment on him. We
are looking to the future and that's why we look at these -- these drive-thrus -- cross-
access. Had drive-thrus on my mind there. Because your property -- you may in five
years -- your daughter's business may expand even more and you find that you may
have to move somewhere else and, then, your neighbor to the west sells and some
dentist is building these uses change and we have to kind of look ahead and our crystal
ball isn't real clear and try to figure out, okay, if that's a dentist office -- or even if you're
still there at that facility and your neighbor sells and that becomes a dentist office, that
cross-access does allow us -- they get done with -- you know, the kid's in the pool and,
then, mom just drives through that little opening right there to the dentist office, instead
of having to go out onto Pine Street, doing a left and another left. That's the purpose of
the cross-access is to keep that -- keep that cross-traffic to a minimum and it's -- if you
look around and start looking at the businesses in the area and see how much that is,
they are rarely used for in and out, just exclusively to a property that's adjacent. It's not
that they would use your property solely for the access to theirs, but does allow that
combined use. When you want to go from Lowe's to Walgreen's, for example, you can
-- you don't have to go back out onto Overland Road, for example, you can just make
use of that cross-access. So, we are looking to the future on that. So, you're absolutely
right and that's -- that's their purpose is to kind of minimize that interaction in a short
distance to go from point A to point B. So, that's -- that's what we look at, if that helps.
De Weerd: Any other comments or questions, Council?
Canning: Madam Mayor, may I provide the full answer to Mr. Rountree's question?
De Weerd: Yes.
Canning: The drive-thru facilities would be allowed as an accessory use. It would be
conditional if it were within 300 feet of another drive-thru, though. Or a residential use or
a district. So, actually, it would fall within the 300 feet, because you have got residential
across the street and residential next door for the time being.
Rountree: So, we could exclude it --
Canning: Yes.
Rountree: -- in the DA.
Canning: Yes.
Meridian City Council
March 24, 2009
Page 34 of 49
Rountree: I have a question again for Anna. Is there any other permitted use or
conditional use that you don't even want to consider in that location, being that the high
school is there, adjacent recreational facilities, that sort of thing?
Canning: Madam Mayor, President Rountree, a drinking establishment might be one
you would want to consider. There is a fuel sales facility. Gas station.
De Weerd: Anna, doesn't the sight distance take care of the drinking establishment?
Canning: The separation standard is to a -- is just to churches.
Bird: And schools.
Canning: Oh. And schools. It's measured from the front door and the front door of the
school is probably a long ways away.
Bird: And you're right.
Canning: I forget if it's -- one of them's the property in line and one of them is the front
door and I'm not sure which way it goes. We can look that up if you want, but --
Baird: Madam Mayor, Members of the Council, because those standards can change
over time, if that's a concem of yours, I'd suggest that you include it in your specific
exclusions. So, in case there is a change in the state law, we have court cases on
whether it is the door or the property line. I'd hate for you to get into an argument over
that down the road. If it's your desire not to allow that, then, now would be the time to
put that on the record.
De Weerd: Thank you.
Canning: So, Madam Mayor and Council, I guess if I were recommending ones to
drive-thru establishment, drinking establishment, fuel sales facility, and vehicle washing
facility. Only based on the concem that President Rountree expressed regarding the
drive-thrus and a lot of drive-thru traffic.
De Weerd: Mr. Goff, with this conversation going on, do you agree with the direction of
not limiting the use exempt for the ideas --
Goff: I do.
De Weerd: -- that have been talked about?
Goff: I do. I mean that's pertectly acceptable.
De Weerd: Okay.
Meridian City Council
March 24, 2009
Page 35 of 49
Goff: I have no problems with that at all.
De Weerd: Thank you. Any final comments?
Goff: No. That's all.
De Weerd: Thank you.
Goff: Thank you.
De Weerd: Okay. Council, any further information needed?
Hoaglun: Madam Mayor, I just want to find out if the neighbor who is going to be living
there, does he have any concems about any of the limitations or is there anything
additional you wanted to see limited? I mean if this facility does not go through and he
sells, I mean we are exempting adrive-thru, a gas station, vehicle car wash, abar --
was there anything else? If you have to live next to it that you don't want to live next to
if you stay there? I just want to be sure we don't miss anything that you go, hey, wait a
minute, that's --
De Weerd: Now, I'll ask you to just restate your name for the record.
Newhouse: Bill Newhouse.
De Weerd: Thank you.
Newhouse: Well, that's a lot to throw on me at one time here. What I have heard I
really don't have a problem with that. I really hope their building goes up, though. I
don't understand this cross road you're talking about, but if I granted like you can have
access to mine if they needed a cross road that's not even needed --
Hoaglun: No. Mr. Newhouse, what that is -- if you sell your property in the future and
let's say -- I use the example of a dentist office. A dentist came to you and says, hey, I
want to build this dentist office and he had -- the ACHD gave him a driveway, it still
would allow an opening between the swimming area and the dentist office. So, like the
example I gave, that mom can take the kids from the swimming lessons over to the
dentist office without having to go out on Pine Street.
Goff: So, that's --
Hoaglun: Yeah. That's what the cross-access is primarily for in those -- in those
instances. So, that's -that's why we like to have them, because we don't know what
you're going to do with your property in the future. Some day you will likely sell and it
will probably be some sort of commercial venture or an office of some sort and that's
why we do try to look at these towards the future with an eye towards the future and
figure out, okay, how can we best mitigate some of the traffic concems. So, for right
Meridian City Council
March 24, 2009
Page 36 of 49
now he's not going to access your property, there is just going to be -- we are going to
identify that location where in the future some day there might be across-access.
Newhouse: Okay.
Hoaglun: I hope that helps.
De Weerd: Okay. Any further comment?
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I think this would be an excellent addition to Meridian and a wonderful facility.
I agree with the direction that President Rountree is going with not saying that it can
only be an aquatic facility, but it can be a C-N, minus the things that we want to exclude.
I would, however, hold the line on the cross-access. I think that's very important.
Certainly in its current residential use the cross-access isn't important or necessary, but
if we are going to agree to zone that to C-N district, I feel that cross-access has to be a
part of that.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: And I don't believe across-access is going to hurt the development at all. There
is locations back there and it just -- it's -- it's an advantage to all the property around
there, because, as you know, Pine Street is pretty well traveled and if we have -- it
would be so much nicer if you only have one access on three or four properties than if
you have three or four accesses, getting in and out with the school kids and stuff and it
don't hurt your property at all, in my opinion, and I'm like Councilman Zaremba, I think
that's one thing we need to hold onto, because there has been a couple times we
haven't and it's cost us down the road.
De Weerd: Okay. Anything further from Council?
Bird: I have nothing.
De Weerd: Okay. Well, I would entertain a motion to close the public hearing on these
two items.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I move we close the public hearings on Item 14 and 15.
Meridian City Council
March 24, 2009
Page 37 of 49
Bird: Second.
De Weerd: I have a motion and a second to close the public hearings on Items 14 and
15. All those in favor say aye. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
De Weerd: Do I have any discussion or further information needed on Item 14? If not,
do I have a motion?
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I move that we approve the Comprehensive Plan future land use map
change requested under 09-003 and that would -- the DA would come with the
annexation, would it not?
Bird: That's right. I'm sorry. I second it, then.
De Weerd: Okay. I have a motion and a second to approve Item 14. Any discussion?
Hearing none, Madam Clerk, will you call roll.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes.
MOTION CARRIED: ALL AYES.
De Weerd: Item 15.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: First a comment. I think this is a great facility and thank you for coming to
Meridian. I'm not sure we can meet all of your expectations in terms of what we can
and can't do, but in terms of annexation, that's one permit that you didn't have when you
talked about all the permits you were having and that's a very important one for this to
go forward. Annexation comes with it some responsibilities to be part of the city. Part
of that is to accommodate the future. Cross-access is something that is in every
commercial area in the City of Meridian and multiple uses in commercial areas is
something that's in most areas. The reason there was some hesitancy I'm sure is that
the city has been subject to developers that come to town and say one thing and six
months later or eight months later, after everybody's forgotten what they promised, they
Meridian City Council
March 24, 2009
Page 38 of 49
flip the property and do something entirely different. Having said that, I move that we
approve the request for annexation for AZ 09-001 and stipulate in the development
agreement that we prohibit drinking establishments, fuel establishments, and drive-thru
establishments, as well as vehicle washing establishments in this C-N zone and that
cross-access requirement be a condition as well in the development agreement.
Bird: Second.
De Weerd: I have a motion and a second. Any discussion? Madam Clerk, roll call.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes.
MOTION CARRIED: ALL AYES.
De Weerd: Thank you for being with us tonight and congratulations, it will be an asset
to our community. We appreciate that.
Item 16: Public Hearing: CPA 08-012 Request to add 54.9 acres of land to the
Comprehensive Plan Future Land Use Map with designations of
"Public/Quasi Public" and "Low Density Residential" for River Planning
Area by City of Meridian Planning Department:
De Weerd: Okay. The next item is Item 16, public hearing CPA 08-012. I will ask for
staff comments at this time.
Hood: Thank you, Madam Mayor, Members of the Council. Item No. 16 on your
agenda tonight is a Comprehensive Plan map amendment for the river planning area.
The area subject to the map amendment is highlighted on the overhead on your screen
in front of you. It's located on the north and south sides of Duck Alley Lane
approximately four-tenths of a mile west of Linder Road and it's on the south side of the
south channel of the Boise River. As I mentioned, the request is to amend the
Comprehensive Plan future land use map by adding approximately 55 acres of property
to the map. About half of that area would be -- is proposed to be designated
public/quasi-public and the other would be proposed to be low density residential. The
distinguishing mark between the public/quasi-public and the low density is the FEMA
floodway. You can kind of see that on this map. The lighter blue is the hundred year
flood plain. The darker blue is the floodway. So, the darker blue areas on the private
property we are proposing to add to the map would be public/quasi-public, open space
areas, and, then, the lighter blue -- again, you could develop a low density residential.
Also in our -- on our Comprehensive Plan we have some text that talks about this area
being referred to as north Chinden area and it calls for lot sizes between a half to one
acre to insure compatibility with existing homes in this area. So, although the
designation is for low density residential, zero to three dwelling units an acre, we have
further text in the Comp Plan that -- really looking for half to one acre size lots in this
Meridian City Council
March 24, 2009
Page 39 of 49
area. So, I just wanted to point that out. The property is currently designated in the
river planning area of Eagle's comprehensive plan. The subject request is only to
include this area in the city's future land use map and assign the future land use
designation as I have previously mentioned. There is no annexation or development
proposed at this time. I did want to point that out, too. Approval of the amendment will
eliminate an area of city impact and planning area over lap with the city of Eagle. It will
establish certainty for property owners regarding potential future uses of their property
and provide certainty for both Eagle and Meridian in planning and providing future
services. Because the Boise River is on the north and east sides of the subject property
and the City of Meridian has designated future land uses to the south and west, it
seems practical to add this area to Meridian's planning area. This will allow the Boise
River to serve as the future boundary between Eagle and Meridian in this area and keep
costs of providing future services in check. I do want to mention that we did sent a letter
to the city of Eagle notifying them of this application being submitted and notifying them
of that and, then, also requesting that they submit an application essentially to the same
to remove this area from their area of impact. So, this is step two of three, essentially,
to clean up this planning area overlap. Ada County has already approved our area of
impact to go to this line to match up what's proposed on this map. Now, we are
proposing to add it to our future land use map. Eagle would still need to remove it from
their area of -- excuse me -- from their Comprehensive Plan. So, I do want to point that
out, too. Also, in the staff report I wanted to clarify there was a statement in there -- a
couple of sentences in there regarding sewer service. We do have a preliminary plan to
service and asked JUB to evaluate servicing this area some day, but today there is no
actual plan for servicing -- for extending services to this area. So, a portion of the staff
report could have been read to read that services are regularly available or we have a
plan to get services there in a relatively short time frame and that is not the case. So, I
wanted to clarify that. The Planning and Zoning Commission did recommend approval
of this application at their February 19th, 2009, public hearing. There was no testimony
in opposition. We did have a property owner, Mr. Timmons -- I'll point out his property
real quick. He has the two parcels on the far east end here. He did testify. Essentially
his comments were he doesn't intend to develop anything today, but he would like to
keep his options open and probably some day would be in or his family would be in to
develop. Those were, essentially, his comments. We haven't received any written
testimony since the Planning and Zoning Commission hearing, but Randy Wiley is a
property owner of this parcel right here. It is not a part of the application, but it is
adjacent across, again, the south channel of the Boise. Mr. Wiley does hunt on his
property and he's also improving that for -- to continue that use on the property, so he
wanted to make the city aware that he continues to use that and intends to continue to
use that for recreational hunting purposes. So, it's more of a heads up for us that
subdivisions right up there on the Boise River probably aren't a good idea in the future.
So, we will definitely evaluate that as we get site plans in in the future and see
subdivisions. So, his concerns are duly noted. With that I will stand for any questions
you may have.
De Weerd: Council, any questions for staff?
Meridian City Council
March 24, 2009
Page 40 of 49
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: Just to help me understand what's going on, wasn't part of this area -- or all
of this area an area that the city of Eagle asked us to include in our recent endeavors
with the county?
Canning: Madam Mayor, Members of the Council, President Rountree, yes. That was
the initial request was that the city of Eagle asked us to clean up this boundary. We --
this is the one where we actually did submit to the city of Eagle and, then, they
requested a thousand dollars in fees and told us, basically, they weren't going to
approve it anyway. We have not received official testimony from the city of Eagle
regarding this application.
De Weerd: Any other questions? This is a public hearing. Is there anyone who would
like to provide testimony on this application?
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: Seeing no comments in the public hearing, I move that we close Item 16.
Hoaglun: Second.
De Weerd: I have a motion and a second to close the public hearing on 16. All those in
favor say aye. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I move that we approve CPA 08-012 for the river plan area.
Bird: Second.
De Weerd: I have a motion and a second to approve Item 16. If there is no discussion,
Madam Clerk, roll call.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes.
Meridian City Council
March 24, 2009
Page 41 of 49
MOTION CARRIED: ALL AYES.
Item 17: Public Hearing: CPA 08-013 Request to change the text of the
Comprehensive Plan revising the name of the Mixed Use WWTP
designation to Mixed Use Non-Residential for the Mixed Use Non-
Residential Text by City of Meridian Planning Department:
Item 18: Public Hearing: CPA 08-014 Request to re-designate approximately 265
acres from Low Density Residential, Medium Density Residential, and
Mixed Use Regional to Mixed Use Non-Residential for State Hiahway 69
& Amity by City of Meridian Planning Department:
De Weerd: Thank you. Item 17 is a public hearing on CPA 08-013. I will open this
public hearing with staff comments.
Hood: Madam Mayor, I would request that you also open up Item 18 simultaneously
and I can give a combined presentation on the two. I would also request that that -- if
you choose to do that, that it be acted on separately with CPA 08-013 being acted on
first. But I have a presentation prepared combining these two into one.
De Weerd: Okay. Thank you. I will open the public hearing on Item 18 as well on CPA
08-014.
Hood: Thank you, Madam Mayor, Members of the Council. So, Items 17 and 18, I'm
going to kind of walk through those logistically A and B style with my presentation. So,
the text amendment is to rename the current mixed use wastewater treatment plant land
use designation to mixed use nonresidential. In addition to that, we are proposing to
add a new purpose statement to that designation. Revise the standards and provide
some sample land uses that are appropriate in the designation. Regarding the map
amendment, that request is to change the land use designation on approximately 211
acres of owned -- of land owned by eight separate owners. Those properties currently
carry map designations of low density residential, medium density residential -- let me
get to a map here. So, they cant' designations of low, medium, and mixed use regional.
The proposal would be for all of them to be designated mixed use nonresidential.
Again, the reason these two are interrelated and I'm combining these two presentations
is the text, if that's approved, will apply to this map amendment. The location for the
text amendment, of course, is citywide and so that the city can use this designation of
nonresidential where ever we deem it appropriate to not see any future residential
development. The first area to cant' that designation will be around the wastewater
treatment plant. The second one is the -- what's up on the screen there and associated
with CPA 08-014. And they are located -- excuse me -- at or near the northeast comer
and southeast -- southeast comer of Amity and State Highway 69. Highlights -- it looks
like we lost some of our people that testified at the P&Z meeting. So, maybe I'll do an
abbreviated version of the presentation. So, this designation would be the only one that
does not allow new residential and -- but does allow for flexible land use designations
for nonresidential uses in the future. The intent of the text change is to develop a
Meridian City Council
March 24, 2009
Page 42 of 49
versatile land use designation that can be used citywide. I mentioned that earlier as
well. But where light industry, professional office, and other nonresidential uses are
suitable. So, staff believes the area and the map amendment application is one of
those areas suitable and it's similar to the river planning area application, no zoning or
development is proposed. Staff did initiate this application. The Planning and Zoning
Commission did recommend approval. At that hearing Tuck Ewing and Vic Conrad
were in attendance. Both testified in favor of the application. Mr. Conrad did submit
comments for both CPA 08-014 and 08-013. The Commission did make some changes
as recommended by staff to CPA 08-013 and I do want to run through those real quick.
When staff submitted this application we were simply proposing a change in name only.
So, to change it from mixed water -- mixed use wastewater treatment plant to mixed use
nonresidential. After further discussion with some of the stake holders in the area, we
realized that wasn't enough, that we really needed to provide a better guide for future
development in this area. So, we worked with them on coming up with, again, a
purpose statement and standards for that area and that's what's on the screen now and
that we propose for inclusion in the text of the Comprehensive Plan. That was a late
add. Staff did send a memo to the Planning and Zoning Commission and they
concurred and, again, we got a favorable testimony from the two property owners that
were in attendance at that meeting. I do want to point out one other change to the map.
So, that's the text change. I'm not going to read it all for you, but those are -- it's a
hybrid of what we currently have in some of our other mixed use standards and what
some of the other stake holders again preferred for language.
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Hoaglun: Before you leave the slide, Caleb, I have a quick question on that -- the fifth
bullet says all development shall have a mix of at least two types of land uses. So,
does that mean professional offices and warehouses? Is that what you mean by land
uses? But even though above that we talked about there is no minimum or maximum
imposed on nonretail commercial uses, but if -- if we had an area that was designated
this and it went all warehouse, would that meet the criteria of two different land uses or
not?
Hood: Madam Mayor, Councilman Hoaglun, Council Members, if they were all
warehouses that would not be considered two uses, similar to what was on the screen
for the Goff comp plan, the schedule of use control lists a lot of uses and so they would
have to meet at least two of those categorical definitions to qualify under bullet five for
all developments having a minimum of two separate types of land uses. If there was
some office component to that, we can work with folks on that, but we are looking for --
it's in the name, mixed use. We also have some smaller parcels here, too, some one
acre parcels where that just may not be feasible. But for some of the larger land
holdings we do want to see some mixed land uses in those.
Meridian City Council
March 24, 2009
Page 43 of 49
Hoaglun: Yeah. Madam Mayor and Caleb, that's what I was thinking of. If you have a
smaller parcel it could be a little tougher to meet that designation of mixed. So, you
guys are just going to kind of look at it and make sure it fits and works.
Hood: Madam Mayor and Council Members -- and this -- you know, our Comp Plan is a
guide. So, we take this and we look at it and it's not a one size fits all, it is what we use
when we review development applications as our guide book, but it's not the law. They
don't have to do these things. There is sample uses. They don't have to choose.
There is other uses they can also develop, but it just kind of gets a flavor for what we
are looking for in those areas.
Hoaglun: Thank you.
Hood: So, I did want to point out a couple of changes or one change, anyway, to the
map application. On this slide you can see this is the original boundary that staff
proposed for the text -- for the map amendment. After we submitted the Tico One
ownership did contact the city and requested to also be part of the application for the
map amendment and the Planning and Zoning Commission concurred with that and I
think the next slide shows about five acres -- about an additional five acres that should
be added. We are agreeable to this. There is a waterway that makes a good boundary
between your nonresidential and, then, residential on the other side, so they have a
natural barrier there and, then, if you look along the eastern boundary, it's a straight line.
Again, it's a guide, so it may not be fence line right there all the way, but the idea is that
there is a break point of your non -- nonresidential and, then, this is future low density
residential. So, I did want to point out that change as well to the application.
Canning: And, Madam Mayor, Members of the Council, I wanted to add something
there that -- that Tico One ownership did request that be included, but, actually, they --
we had been talking to them in the initial thoughts about doing this and we had intended
to include them. So, it was, actually, a staff error to exclude them and, then, we just --
the best way to remedy it was to ask them to testify at the P&Z to be included. So, staff
is more than supportive. It was just an oversight on our part when we were drawing the
map.
De Weerd: Thank you.
Hood: So, the end of my presentation is just a quick summary on the comments that we
received. The comments that we received were from Vic Conrad with J.R. Simplot
Company. Matt Ellsworth and myself actually went down to Simplot's office and sat
down with Vic and kind of walked through the process and we came up with some of the
text changes, played a little back and forth with some of those and came to an
agreement on the -- the previous slide that we looked at there regarding the text. We
haven't received the additional comments since the P&Z hearing, but I did want to -- to
call those -- that written testimony out. I mentioned to Vic in a voicemail today that I
would do so if he wasn't in the audience today. So, we also received written comments
from ITD expressing concern about the potential commercial uses along the highway
Meridian City Council
March 24, 2009
Page 44 of 49
frontage and the need for a backage road and limited access points to the mile and half
mile marks with future development duly noted. Again, there is no future -- there is no
development proposed at this time. In the future when development comes we will look
for access consistent with city and ITD code, so -- and ACHD. So, with that I will stand
for any questions you may have.
De Weerd: Any questions from Council?
Bird: I have none.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I guess I need some assurance that the remainder of the development code
has taken into account appropriate buffering for existing and future adjacent land uses
for this area, primarily residential, that there is sufficient buffering that there is
consideration for potential for noise coming out of this area that would be adjacent to
residential areas, as well as odor or air quality issues. So, I want to make sure that
those are factored into our other ordinances, so we don't -- and this -- I think this is a
good use out there, but I don't want to create a future problem by allowing something by
this designation that will create problems for folks that either exist there or will be there
in the future.
Hood: Madam Mayor, Council Members, Councilman Rountree, the UDC certainly
accounts for adjacent land uses. The Comprehensive Plan does not. So, depending
on if it's office or industrial will dictate what that buffer is. As far as odor and air quality, I
don't think the UDC really evaluated that to a certain extent. I don't know -- I don't know
how you would without doing a detailed study of some of the dust and some -- I know
with the wastewater treatment we did that odor study and there is some -- some hard
data there. Again, it kind of depends on the development as it comes in and with these
properties, too, they will request annexation, so if it doesn't -- if you give it the smell test,
pardon the pun, with the odors and stuff, but if it doesn't seem to fit, we can -- we can
bump that buffer up or require a taller fence or whatever the case may be. So, these
properties aren't annexed today and they will need and we will have that development
agreement where we can kind of look at them, again, on a case-by-case basis. But,
again, the UDC does have some 25 -- 20, 25, 35 foot buffer requirements, kind of
depending on the intensity.
Rountree: Thank you. That's just the assurance I wanted on the record.
Canning: And, Madam Mayor, Members of the Council, the Comprehensive Plan text
for this -- what we are proposing called nonresidential, does talk about noise and odor
and all those things as associated with the treatment plant before, but they would still
apply. Part of the reason we saw it as -- this as a potential area for this designation is
because of a number of geographic features that will provide natural bamers to those.
Meridian City Council
March 24, 2009
Page 45 of 49
A lot of the area is already pits and so you're going to naturally have berms and banks
that are -- will absorb sound and act as an additional buffer beyond what we could
normally have. Part of the low density residential area is an existing pit. So, it made
sense to include that in the designation.
Rountree: Very good. Thank you.
De Weerd: Okay. Any other questions from Council? This is a public hearing. Anyone
want to provide testimony on this item?
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: Seeing no testimony for Items 17 and 18, I move we close the public hearing
for both.
Bird: Second.
De Weerd: I have a motion and a second to close the public hearing on Items 17 and
18. All those in favor say aye. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
De Weerd: Okay. Item 17.
Rountree: Madam Mayor?
De Weerd: Yes, Mr. Rountree.
Rountree: I move that we approve CPA 08-013.
Bird: Second.
De Weerd: I have a motion and a second to approve Item 17. If there is no discussion,
Madam Clerk.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes.
MOTION CARRIED: ALL AYES.
De Weerd: Item 18.
Rountree: Madam Mayor?
Meridian City Council
March 24, 2009
Page 46 of 49
De Weerd: Mr. Rountree.
Rountree: I move that we approve CPA 08-014.
Bird: Second.
De Weerd: I have a motion and a second to approve Item 18. If there is no discussion,
Madam Clerk.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes.
MOTION CARRIED: ALL AYES.
Item 19: Amendment to Ordinance No. 05-1201A: RZ 05-018 Request for a
Rezone of 71.24 acres from I-L to C-G zone for Crossroads Shoppin~a
Center, Presidential Subdivision and Reagan Subdivision by the City
of Meridian -southeast comer of Eagle Road and Fairview Avenue
De Weerd: Item 19 is an amendment to Ordinance No. 05-1201A on RZ 05-018. I will
ask for staff comments at this time.
Canning: Madam Mayor, Members of the Council, we have to confess we are not
exactly sure, but we are 99 percent positive and Mr. Baird perhaps knows, but we are
pretty sure it came back from the state as an error in the description and so, therefore,
we are amending it to be correct.
Baird: Madam Mayor, Members of the Council, that's it. There was a mismatch
between the legal description and the map and this clears that up.
De Weerd: Okay. Thank you. Any questions for staff by Council?
Rountree: And how many years did this take to identify?
Canning: Apparently four.
Rountree: For the record.
De Weerd: Okay. With that said --
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Meridian City Council
March 24, 2009
Page 47 of 49
Bird: I move that we amend ordinance number 05-1201 A, rezone of 71.24 acres from I-
L to C-G zone for Crossroads Shopping Center, Presidential Subdivision, and Reagan
Subdivision by the City of Meridian.
Rountree: Second.
De Weerd: I have a motion and a second to approve Item 19. If there is no discussion
I'll take roll call vote.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes.
MOTION CARRIED: ALL AYES.
Item 20: Ordinance No. RZ 08-004 Request for Rezone
of 93.64 acres from L-O (Limited Office) and R-4 (Medium Low-Density
Residential) to C-G (General Retail and Service Commercial) (25.10
acres), L-O (Limited Office) (10.70 acres), C-C (Community Business)
(37.84 acres) and R-15 (Medium-High Density Residential) (20 acres)
zones for Volterra Mixed Use by Primeland Development Company, LLP
-west of North Ten Mile Road and north of West McMillan Road:
De Weerd: Item No. 20 is Ordinance No. 09-1395. I will ask Madam Clerk to, please,
read this by title only.
Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 09-1395, an
Ordinance RZ 08-004, Volterra Mixed Use, for annexation of a tract of land as described
in special warranty deed instrument number 106099040, records of Ada County, Idaho,
together with a portion of a tract of land as described in special warranty deed
instrument number 106099041, records of Ada County, Idaho, together with a portion of
a tract of land as described in special warranty deed instrument number 106041249,
records of Ada County, Idaho, together with a portion of the right of way of West
McMillan Road and North Ten Mile Road, situated in the southeast quarter of Section
27, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, as described
in Attachment A and annexing certain lands and territories situated in Ada County,
Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as
requested by the City of Meridian, establishing and determining the land use zoning
classification of said lands from L-O, Limited Office District, and R-4, Medium Low
Density Residential District, to C-G, general retail and service commercial district. L-O,
Limited Office District, C-C, Community Business District and R-15, Medium High
Residential District, in the Meridian City Code, providing that copies of this ordinance
shall be filed with the Ada County assessor, the Ada County recorder, and the Idaho
State Tax Commission, as required by law, and providing for a summary of the
ordinance and providing for a waiver of the reading rules and providing an effective
date.
Meridian City Council
March 24, 2009
Page 48 of 49
De Weerd: You have heard this ordinance read by title only. Is there anyone who
would like to hear it read in its entirety? Seeing none, Council, do I have a motion to
approve?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we approve Ordinance 09-1395 with suspension of rules.
Rountree: Second.
De Weerd: I have a motion and a second to approve Item 20. If there is no discussion,
Madam Clerk, will you, please, call roll.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes.
MOTION CARRIED: ALL AYES.
Item 21: Executive Session pursuant to Idaho Code 67-2345(1)(c), (1)(f), To
communicate with legal counsel to discuss the legal ramifications of and
legal options for pending litigation, or controversies not yet being litigated
but imminently likely to be litigated:
De Weerd: Item 21 is an Executive Session pursuant Idaho State Code. I would
entertain a motion.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we go into Executive Session as per Idaho State Code 67-2345(1)(c) and
(1)(fl•
Hoaglun: Second.
De Weerd: I have a motion and a second to adjourn into Executive Session. Will we
have roll call, please.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes.
Meridian City Council
March 24, 2009
Page 49 of 49
MOTION CARRIED: ALL AYES.
EXECUTIVE SESSION:
Bird: Madam Mayor, I move we come out of Executive Session.
Zaremba: Second.
De Weerd: All those in favor? Motion passed.
MOTION CARRIED: ALL AYES.
De Weerd: Do I have a motion to adjourn?
Bird: So moved.
Hoaglun: Second.
De Weerd: All those in favor?
MEETING ADJOURNED AT 9:15 P.M.
(AUDIO RECORDING ON FILE OF THESE PROCEEDINGS)
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