HomeMy WebLinkAbout2009 05-26Meridian City Council Meeting Mav 26, 2009
A meeting of the Meridian City Council was called to order at 7:00 p.m., Tuesday, May
26, 2009, by Mayor Tammy de Weerd.
Members Present: Mayor Tammy de Weerd, Charlie Rountree, Keith Bird, Brad
Hoaglun, and David Zaremba.
Others Present: Bill Nary, Jaycee Holman, Anna Canning, Caleb Hood, Mark Niemeyer,
Tracy Basterrechea, Clint Dolsby, Steve Siddoway, 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: Welcome to Meridian City Hall. We appreciate you joining us here this
evening. For the record it is Tuesday, May 26. It's 7:00 p.m. We will start tonight's
meeting with roll call attendance.
Item 2: Pledge of Allegiance: Boy Scout Troop # 72 Todd Woodell & Greg
Seeberger:
De Weerd: Item No. 2 is one of the highlights of our evening. It's a way to kick it off and
tonight we have Boy Scout Troop No. 72 here and I would invite them forward and they
will lead us in the Pledge of Allegiance. If you will all rise.
(Pledge of Allegiance recited.)
De Weerd: If I could give you some City of Meridian pins to thank you for joining us and
leading us tonight. Thank you. Thank you for being here.
Item 3: Community Invocation by Tim Posey with Valley Shepherd of the
Nazarene:
De Weerd: Okay. Item No. 2 is -- 3 is our invocation. Tonight we will be led by Pastor
Posey with Valley Shepherd Nazarene Church. If you will all join us in the community
invocation or take this as an opportunity for a moment of reflection. Pastor.
Posey: Let us pray. Heavenly Father, we pause a moment before this meeting begins
to thank you, first of all, for your many, many blessings in our lives and in this
community and we take this moment, too, to ask for your blessing upon the community
of Meridian and all of its citizens. We pray, Lord, for your wisdom and discernment for
our City Council tonight as they deal with .the affairs of our city and we pray your
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May 26, 2009
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blessing upon them and all who manage the affairs of our city, that you would give them
discernment, that you would give them extra energy and strength for the task that is
theirs and for your many blessings we give you thanks, amen.
De Weerd: Thank you for joining us this evening. It's always nice to see you.
Item 4: Adoption of the Agenda:
De Weerd: Okay. Item No. 4 is adoption of the agenda.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: On the agenda there are a few minor changes. Under Item 5, the Consent
Agenda, Item C the resolution number is 09-664. And we would like to move that off of
the Consent Agenda and into the Mayor's Office, Department Reports. So, 5-C will
become 6-E-1-B. Still on the Consent Agenda, Item F, the resolution number is 09-665.
And this one we would also like to move to the Mayor's Office, Department Reports, so
it will become 6-E-1-C. Then, reading down into the regular agenda under the Mayor's
Office, Item E, the item number one is another resolution and that resolution number is
09-666 and we will make that agenda Item 6-E-1-A. Then, we have added under that 6-
E-1-B and 6-E-1-C, which were originally 5-C and 5-F. I don't know if I'm keeping up
with it, but I hope everybody else is. On the regular agenda, Items 8, 9 and 10, referring
to Fignut Development, we have a request to continue those to our regularly scheduled
meeting of June 9th, so we will not discuss those tonight. Item 15, the resolution
number is 09-667. Item 17, the ordinance number is 09-1405. Item 18, the ordinance
number is 09-1406. Item 19, the ordinance number is 09-1407. Item 20, the ordinance
number is 09-1408. Item 21, the ordinance number is 09-1409. Item 22, the ordinance
number is 09-1410. And with those amendments I move that we adopt the agenda.
Hoaglun: Second.
De Weerd: I have a motion and a second and I will not repeat that lengthy motion. All
those in favor say aye. All ayes. Motion carved.
MOTION CARRIED: ALL AYES.
Item 5: Consent Agenda:
A. Approve Minutes of April 28, 2009 City Council Regular Meeting:
B. Addendum to Development Agreement: MDA 08-006 Request
for Modification of the Development Agreement for Locust Grove
Professional Office (Locust Grove Plaza) by Scot Halladay -
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May 26, 2009
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Southwest Corner of South Locust Grove Road and East Overland
Road:
D. Support Letter to ACHD for South Meridian Transportation
Plan:
E. Change Order No. 1 with McLeran Well Drilling for Well No. 7
Abandonment for $10,564.50:
De Weerd: Item 5 is our Consent Agenda.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: With the note that Items C and F have been removed to the Mayor's Office,
Department Reports, I move that we adopt Consent Agenda Items A, B, D and E.
Hoaglun: Second.
De Weerd: We have a motion and a second to approve the Consent Agenda. Hearing
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 6: Department Reports:
A. Planning Department:
1. Recommended Use of Idaho Power Donated Monev:
2. Green Business Scholarship:
De Weerd: Item No. 6 under Department Reports, we will start those with our Planning
Department.
Canning: Madam Mayor and Council, this is the third time we have got together to
discuss potential use of the Idaho Power rebate money and before the Council meeting
today you handed me an a-mail from Joe Borton suggesting that perhaps the savings
would be -- or the rebate would be best kept as savings and rolled into the General
Fund for future years and I did want to comment on that briefly. It's certainly a valid
consideration, but the idea when we got this Idaho Power rebate with staff and the
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Mayor's ofFce was to kind of leverage that into other ways of letting the community
know about sustainability, about energy efficiency, about conservation and to kind of
carry that sustainability concept further. So, those were the -- kind of the guidelines that
we went forward with, looked at having an investment in the community, whether the
project was visible to the public and whether it -- what kind of energy benefit it might
have to the community. So, I am going to go ahead and make the presentation and get
to some of the answers that you had asked for in the previous discussions. The second
item on the agenda is the discussion about the green business scholarship, but I'm
actually going to talk about that first tonight. Met with Mark Gilbreath from Vegaworks
and we talked more about what that scholarship program could be and what the best
use would be given some of the concerns that we had heard from Council and I think
what we ended up was that it's more of a grant program, instead of a scholarship
program. The idea would be to give small grants for new green jobs or for having a new
job in a green workplace or for greening the workplace and I will go into more details on
this. And (also -- I'll explain the partnership and some of the promotion ideas that we
had associated with the program. The first thing we wanted to do is give you all an idea
of what a green job was and I got tired of putting in quotes, because quotes take me a
really long time to type. So, I just -- the quotes are gone. But a green job would be any
job in an organization that provides a product or a service that allows customers to
either consume less, either because of a lower price or greater efficiency or produce
more due to the utilization of this product or service, both of which actions reduce total
energy use. So, that's the kind of -- the definition we are looking at. So, it could be a
service, it could be a product, it could just be your place of work. What we would ask for
with the new green job is a detailed business plan or job description associated with that
to demonstrate that it truly is a green job and, of course, it needs to be located within
the city limits of the City of Meridian. So, that's more of the detail you asked about for a
green job. And, then, we looked at what would we look for in a green workplace and the
first thing you would have to do is document that you are choosing a green workplace
through either lease or purchase agreement and, then, it would need to be a LEED
certified or pending certification work environment. And, then, also for home
occupations if it qualified for a home occupation and that's how you were doing it, then,
perhaps an Energy Star rating for the home would also qualify there. And, again, it
would need to be located within the City of Meridian. And the final one was greening
the workplace. Again, you'd need to document that you were greening a current work
environment in the City of Meridian by acts such as going digital, instead of paper,
buying recycled paper and other products, reducing single occupancy commutes,
accommodating telecommutes, adding solar panels or wind generation, adding instant
water heaters, installing complex florescent or LED lighting, adding environmentally
friendly insulation, replacing single pane windows -- there is thousands of things that
you could do. What we thought the best process would be is once you were selected
as a grant recipient, you would go and you'd purchase the items, you'd bring in the
receipts to the city and, then, we would do, essentially, a rebate on purchases up to
1,000 dollars. So, again, this was mentioned as a partnership program. It would -- and
now a grant program. The City of Meridian we had contemplated a 50,000 dollar
contribution. We are still looking at 40 grants at just a thousand dollars each and, then,
we'd reserve 10,000 to promote and administer the program and, then, Vengaworks
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would contribute 20,000 and what their 20,000 would go to is 20 matching grants at a
thousand dollars each for the green work environment ones. So, you wouldn't be giving
anything to people to go there, they could choose where they want to go. If they do
choose to go to Vengaworks, then, they would match that grant from the city and go
there or they could go to another place. This is just what Vengaworks would do. They
would match it if they came to them. So, that's more on the -- the idea of who it would
go out to. The promotion idea we decided to reserve a little bit to advertise the program
prior to the awards, promote the grant recipients when awarded and, then, evaluate the
end results through jobs created, energy saved, and, really, the idea was to -- the ability
to leverage the grant program in gaining positive press coverage and have an impact on
the marketing and economic development of the city. That was a lot of the driving
impetus of -- of this particular one was not only energy savings, but also economic
development. And, then, again, to -- once you have those results to promote them for
the economic development of the city. So, I did do a summary comparison of the
projects. It's been awhile since we have talked about some of them. So, I'll quickly go
through that. We have got the Farmers Market, which the one year cost that they were
looking at for primarily set up and advertisement was 8,500 dollars. It is an investment
in the community. I think everybody's enjoyed seeing it out in the parking lot on
Tuesdays. It is visible to the public. It does create some local jobs and it would not be
eligible for the block grant program. The energy benefit -- it does reduce energy use to
transport food from farm to table. I did get some statistics from Margo, the woman kind
of heading up the effort on the part of McFadden Co-op and the research she found
shows that most food travels 1,500 miles on average before -- from farm to table. So, if
you look at the fuel efficiency of a big rig and the price of diesel per gallon, if all that
food that was purchased there today came in one truck, you would be saving about 568
dollars per market day. Now, obviously, it's not going to come in on one truck. But
that's just some idea of the magnitude of what you save by having -- by reducing the
distance that food travels to get to the table. The green jobs -- again, we had talked
about 50,000 dollars. It is an investment in the community. It's somewhat visible,
depending on how much advertising and promotion we do. Does create local jobs. It
would be eligible for the block grant. It reduces the energy cost of work space and
potentially through new projects. You know, the results will really vary on the
businesses that receive the grants. And, again, this is why we wanted to put in some
assessment money at the end, so that we -- we can make that kind of assessment. But
just as an example, a LEED certified work space, particularly Vengaworks, uses 40
percent less energy than a typical class A office space. So, those are significant energy
savings. And, again, it's complimentary to and aligned with our economic development
efforts with regard to the health sciences comdor and it leverages those funds and
supports that story. The green art -- the original estimate came in around 30,000
dollars. It's somewhat an investment in the community. It is very visible to the public.
That would be the -- the primary purpose. It at least creates a local job for one artist,
hopefully. Hopefully more. It would not be eligible for the block grant. The energy
benefit is that it demonstrates green technology in a very accessible form and it would,
hopefully, encourage others to adopt some of those principals within -- that they could
within their own home or workspace. Council Member Hoaglun asked me to look into
two additional ones. One was lighting downtown. The was 2,200, somewhat an
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investment in community. We already have the lights, it would just be modifying them.
It wouldn't really be visible to the public, because they are already there, nor would it
create local jobs. It would be eligible for the block grant. It does reduce energy use and
cost by installing the photo cells and compact florescent bulbs and the -- if you figure --
if you figure the -- just in the -- the timer, installing the photo cell timers, that will
probably cut the energy use by about half. So, there is about a 50 percent savings
there. And, then, the compact fluorescence are an additional 66 to 80 percent reduction
for those. And LED may even be a better choice. But those are some options. So,
there is energy savings there. The adding the outlets downtown, that was about 7,000
dollars, is an investment in the community. It's not really visible to the public or creates
local jobs and it wouldn't be eligible for the block grant, because there is not really any
energy benefit, it's an esthetic benefit on that one. So, it's certainly -- it's a community
benefit, but it wasn't an energy one. So, with that I will answer any questions you have.
I also -- Mark Gilbreath is here to answer any questions you might have of the
partnership grant program and I will leave it to you all now.
De Weerd: Mark, do you want to add any comments to the presentation or just avail
yourself to Council if they have any questions? Okay. Council, again, we anticipated
this early in November when the assessment started with Idaho Power and when they
presented the check I had talked to the Council and were of the mind to create energy
with this -- this recognition for the sustainable assets that we made to this building. It's
-- it's been a long time in the making and trying to find the best use for this and to come
back and answer the questions that were generated from the first discussion, but I
would ask if there is any questions at this point from the Council.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: First a comment on the subject of how it gets used. I didn't get the feeling
when the check was being presented that Idaho Power thought that it was going to go
into the General Fund and just be used. I thought they assumed there was going to be
some special programs. So, I appreciate --
De Weerd: They hoped.
Zaremba: -- former Councilman Borton's comments, but I did not interpret the intent of
it the way he did, apparently. Second is a question. On the grants up to 1,000 dollars,
are we putting a limitation that that has to be 40 different businesses? In other words,
one business couldn't get a thousand dollar grant for windows and come back in and
get another thousand for instant water heaters, it would have to be 40 different
businesses?
Canning: That is what we had anticipated. Yes.
Zaremba: Thank you.
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Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Hoaglun: Question on a -- on that grant. If businesses want to do this, it sounds like
they come in after the fact. There is no pre-qualification -- you know, a thousand dollars
may not make or break the project, but if the business is looking at replacing windows,
for example, they might just go ahead and do it and, then, that's a benefit. But if by
chance we have more people than we have funding for, I think it would be good to let
them know that they're number 41 and not number 40 on that -- on that list. So, if they
go spend the money and expect a thousand dollars, that they are not going to be left out
in the cold, if we can use that, but --
Canning: And I had anticipated that they would -- we would take -- have a limited
window open where we took in applications and, then, we awarded those, so you know
that you now have the thousand dollar grant and you can, then, go green your work
space, but bring the receipts back to us when you purchase them, rather than just
handing them a thousand dollars and we don't know what happens to it, was the idea,
so --
Hoaglun: Okay. That's better.
Canning: I tried to build in some accountability on each of these with minimal staff time
to administer it is what I was striving for, so --
Hoaglun: Okay. Thank you.
De Weerd: Any other questions from Council?
Canning: And Madam Mayor -- and these were just really rough. We could get into a
lot more detail once we know if this is going somewhere. This was just some
preliminary ideas on how to understand what those grants would be.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I don't have a question, I have a couple comments. I like the idea of the
grants program. I'd prefer another name.
Canning: I'd be happy to change the name. I can do that.
De Weerd: Any suggestions?
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May 26, 2009
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Rountree: Not at this moment. I think it's great that it leverages additional dollars that
could come into the program. I'm not sold on the other items that are on your matrix in
terms of really promoting sustainability, energy efficiency, et cetera, et cetera, and
would like to see at least half of that 100,000 dollars remain in an account and as we
come up with better ideas -- we might have some energy activity that we want to do in
our own facilities that we don't have to spend General Fund dollars to accommodate
and could utilize that or we could put it out in yet another grant program. But I'm not
excited about getting it all out there at once.
De Weerd: Mr. Rountree, Iguess -- so, we will be getting the energy -- what is that
called? Community -- community energy block grant and that is where we are looking
at our carbon footprint and looking at how we can, through also partnering, make an
impact in that regard. Again, the intent on these dollars were to kind of -- what is that
program? Pass it on? It's not a hand out, but it's ahand -- hand up. Yes. The Hand
Up Program, so -- it falls short when you have to get public participation to help me
finish my sentence, uh? But I guess the idea was to really be able to bring this high
profile to let people know about our sustainability and in doing so, even with the energy
grant money, that it will be coming because we are an entitlement city, we have been
looking at other kinds of programs to -- as an economic development tool to attract kind
of the family wage jobs that we are looking at and it's -- it has something to do with the
joint submittal that we did with Vengaworks and Sysco and U of U and some other
companies. But it's -- it's really putting a stake in the ground as being a smart city and
the more we research this -- and I hope to have a meeting when I go to Holland with the
smart city -- the first smart city in the Netherlands to find out they have had a huge
economic boom because of the sustainability programs and the -- the accessibility for
employers that they are looking for future technologies and a community that has a
dedication to it. This is definitely a small thing and it helps more the small business,
which is a great launch into tomorrow's Meridian business day, but it is trying to carry
that message that we would like to recognize in a small fashion those that catch a vision
of sustainability, because we tum this environment over to our kids and it's certainly
something I take serious. Mr. Bird, did you have a comment?
Bird: Oh, I just agree with Councilman Rountree. I don't mind spending the 50,000,
plus, I guess, 20,000 matching -- is that right?
De Weerd: Uh-huh. It's been that. That's Mark's.
Bird: Well, I -- I don't mind that. I would like to keep the other 50 and use it as needed.
I think the 40 lot grants -- well, 1,000 dollars probably isn't going to buy a lot of windows
or a lot insulation. At least it's a start and would help a lot of people and I think that's
something that would be very beneficial to the community. I could go along with that.
The other ones I don't believe I could support at this point.
De Weerd: Okay. So, Council, what -- looking for a direction.
Rountree: Do you need a motion or do you just need a shaking of the heads?
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De Weerd: I think I probably want a motion and, then, we can bring you back if -- if we
do the -- the job part we will bring some clearer direction. Staff didn't want to get too
deep into it if that was not a direction you were look at going.
Canning: And, sirs, if you -- if you have comments on -- like if you'd rather it was 20
grants at 2,000 each, then, you know, let me know. I just pulled 40 atone out of the air,
assuming that you would want to spread it a little longer, but there is all sorts of
combinations there. Sony.
Hoaglun: Madam Mayor, I have a question for our parks director Mr. Siddoway on the
lighting. You know, originally when -- when I was looking for projects, because I saw
the need where we have got a check for this building, which is energy efficient, and I
think we ought to use money for -- that helps taxpayers and save money and that
project came about. Is there funding available that you can come up with to do that or is
this something we should still consider orwhat's -- what's the process for that particular
project?
Siddoway: I currently do not have a separate funding source. I would actually
recommend that you consider at least the -- the one that is the change out of the bulbs
and the light sensors. That one does have a clear direct benefit to energy savings and I
do believe it would be visible to the public, because I think that people do see and
notice that the lights are on those banners 24 hours a day right now. So, the ability to
put on light sensors and to change that. Anna's right that the second project, which is
the outlets, is more of an esthetic benefit than a true energy savings. It would just be
eliminating the long cords, but the one the -- the one that is changing out the bulbs and
putting the light sensors on so that it only comes on during dark hours would be a direct
energy savings.
Hoaglun: Madam Mayor. In fact, I think we have -- I have seen an a-mail on that from a
citizen complaining why are the lights on all the time, but -- so -- and that was 2,200
dollars, was that the estimate for that project there? Okay. Thank you.
De Weerd: Okay. Any further questions?
Rountree: I have a question for Mark. Did you anticipate just one per each thousand
dollar grant in the money you were going to match or could that be several thousand to
applicants based on the business plan?
Gilbreath: Our philosophy was similar to Anna's in that we saw that we wanted to
leverage as much as possible, which was to create as many positive stories. So, from
our standpoint it was how small can we parse it down, yet it still be compelling enough,
as Mr. Bird said, that it makes a difference. And so, you know, there wasn't any science
to it, but our intuition said that, you know, a grant of two or three thousand dollars to a
small business made a meaningful dent in the cost of work space or a creating a space.
So, that was -- don't want to overstate the science that went into it.
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Rountree: Okay. Thank you.
De Weerd: Did you have a comment?
Canning: No. Just on the thousand. So, if the 40 grants at a thousand dollars each --
Mr. Bird brought up a good point. It's not going to buy you much if you're trying to green
your workspace and that's the one where the thousand dollars doesn't seem to go very
far on that one. So, we could structure it so that that particular one was alittle -- a
larger grant and that may be appropriate as well.
De Weerd: Get you a couple windows, Keith.
Bird: I can tell you that won't even buy one window sometimes.
De Weerd: Okay. Further discussion?
Rountree: I have none.
De Weerd: Okay.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I move that we direct staff to move forward with the grant program in the
amount of 50,000 dollars, a maximum of 40 grants, or that number that could be
generated in combination of no grant exceeding 2,000 dollars. And of the 10,000
dollars of that that was set aside for administration of the program, we take out 2,200
dollars and move forward with the lighting accommodations for the streetlights, so we
can get them shut off during the daylight hours.
Bird: Second.
De Weerd: Okay. Any discussion on the motion made?
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I'm not clear on what the intent is for the other 50,000 dollars that we would
just hold until there is another idea?
De Weerd: Mr. Zaremba, I think the discussion was to hold that, maybe make it
available at a later time seeing the success of the grant program and -- yes, hold those
funds.
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Zaremba: So, it could be added into the -- similar programs later?
De Weerd: Uh-huh.
Zaremba: Thank you.
Canning: I will file a request with Finance to roll that over into the next fiscal year as
well.
De Weerd: That would be great.
Rountree: Thank you.
De Weerd: Okay. Is there any further discussion? Madam Clerk, will you, please, call
roll.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Canning: Thank you, sirs.
De Weerd: Yes.
Canning: I just said thank you.
De Weerd: Thank you. And thank you, Mark, for being here. We appreciate your
matching to that. He's using the 20,000 dollars that he received also for his green
building. So, thank you. Maybe we can talk about it tomorrow at Meridian Business
Day. That would be cool.
E. Mayor's Office:
1. Resolution No. Appointment of
Rob Walker to Arts Commission:
De Weerd: Okay. Thank you, Council. And if Council doesn't mind, I would like to
move the Mayor's Office up as the next item, as E-1 and 2. This way the students that
are out here -- and I don't know -- oh, there is Michael and there is Madeline and I don't
know -- Naomi -- is Naomi here as well? Yes? Oh, there you are. Now I know who you
are. Okay. If you don't mind, Council, can I move this -- if there is no --
Bird: Go for it.
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Rountree: Yes. Please do.
De Weerd: Okay. Otherwise, we would have our legal, public works, bore you to tears
and, then, you would really take issue with us. No offense, Boise. Okay. Item number
one is the appointments to the Arts Commission, as well as to the Parks Commission.
And, Council, I do have my appointee Rob Walker in the audience tonight and we
appreciate Mr. Walker being here. It looks like he brought his kids with him as well, uh?
After I ask Council to confirm the appointment I will see if you have any words to share.
We had three very highly qualified applicants that had a broad and diverse background
that could have added to the current City of Meridian Arts Commission and we are very
excited to have Mr. Walker joining us and, Council, you do have information in front of
you that he submitted as part of his interest to joining the commission. He adds yet
another perspective to the commission. He's got a lot of great experience that will
broaden their ability to look at fundraising and friend raising and just speaking out to our
youth. So, I would make myself available to any questions if you have any.
Bird: I have none.
Rountree: I have none at this time.
De Weerd: Okay. I would ask for a motion, please.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we approve resolution 09-666, the appointment of Rob Walker to the Arts
Commission.
Rountree: Second.
De Weerd: I have a motion and a second. 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: Congratulations, Mr. Walker. If you would like to share any words. And
I'm already impressed that you got your son to dress up in a suit. I mean that's
awesome.
Walker: He works on Capital Hill, so --
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De Weerd: I was going to say that is true love for your father. That's great.
Walker: Well, thank you, Madam Mayor. I'm excited to serve the City of Meridian and
there is a lot of good things to come in the arts. So, appreciate the opportunity and we
will make it happen. Okay?
De Weerd: Thank you. And you don't have to stay for the rest of the meeting. I said
that for the benefit of your kids.
C. Resolution No. Reappointment of
Ashley Williams to Seat 9 of Parks and Recreation
Commission•
F. Resolution No. Appointment of
Matthew Schultz to Seat 2 of Parks and Recreation
Commission•
De Weerd: Okay. The next item is the appointments to the Parks Commission that we
pulled off of the Consent Agenda. I'm asking for a reappointment of Ashley Williams to
seat nine of the Parks and Recreation Commission. Ashley has been serving on the
Parks Commission for the last year. She's been very reliable. She engages. She's
very quiet, but she certainly has served and represented the youth very well. Our other
appointment is for seat number two and that's for Matt Schultz. As you all are familiar
with Matt and the work he has recently done in getting us the most recent park
acquisition and so, Council, I would ask if you have any questions.
Rountree: I have none.
Bird: I have none.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I move we approve resolution 09-664, the reappointment of Ashley Williams
to seat nine of the Parks and Recreation Commission and also approve resolution 09-
665, the appointment of Matthew Schultz to seat two of the Parks and Recreation
Commission.
Hoaglun: Second.
De Weerd: Okay. I have a motion and a second. Any discussion? Madam Clerk, will
you call roll.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
Meridian City Council
May 26, 2009
Page 14 of 57
De Weerd: All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
2. Scholarship Award Winners:
De Weerd: Okay. The next item I will just go down to the floor. Okay. It is my honor to
recognize our scholarship recipient this evening. Three out of the four were able to join
us this evening and I just have the pleasure of knowing all three of them and these are
certainly leaders in our community and let me share a little bit about each of our
scholarship awardees or recipients. Naomi Moxley is graduating from Meridian Medical
Arts Charter High School and plans to eam a degree in nursing. She's been accepted
at four colleges and will decide her collegiate destination very soon. She is well
prepared for a career in health care, having volunteered with local youth organizations,
schools, hospitals, scout troops and with the elderly. Throughout school she has been
active with the Health Occupation Students of America organization, holding both local
and state offices. She's been involved with DeMolay, Job's Daughters, and her church's
youth groups. She is described as intelligent, capable, and personable and is said to
have poise under pressure and great tenacity, qualities that would be very useful for a
future nurse. Let me read the descriptions and, then, I will ask each of you to come and
join me. Actually, why don't you come on up now. Michael. Madeline. Madeline
Pfeifer will also graduate from the Meridian Medical Arts Charter High School. You
know, that Charter High School is just phenomenal. I can tell you that the kids that
we've had with the youth council and those applications that we read, they have already
achieved such amazing things in their high school years. So, I congratulate you both.
Madeline will also graduate from Meridian Medical Arts and she would like to study
biochemistry at Arizona State University or the University of Utah and eventually
specialize in toxicology. She, too, has a well rounded record of volunteerism and
participation in school, community and faith groups and a nearly flawless academic
record. Her activities have been as diverse as raising money for MYAC, which is the
youth council, for Habitat For Humanity, to educating others about the danger of drug
use as a member of the Meridian Anti-drug Coalition. She says her community
involvement has motivated her to work on new projects and to use her voice for change
for the better. She is described as a dynamic young woman who serves as a wonderful
role model for others to follow. Michael Proffitt is going to graduate from Meridian High
School and he's given his keen interest in government and makes perfect sense that he
plans to study political science and pre law at Seattle University. While maintaining a
status as an academic high achiever, Michael participated in the Mayor's Youth
Advisory Council and Boys State, Skills USA, 4H leadership camp, the Idaho Safe
School Coalition and the Boise Leadership Academy and many other worthy causes.
As a member of the Meridian High School Student Council he and his classmates
spearheaded the Inclusion Revolution movement, which challenges others to be kind,
tolerant and accepting of others differences. It certainly sounds as if all of these young
people have exciting times and future ahead of them and it's with great honor that I
recognize them with the City of Meridian scholarships and I will just read you this
Meridian City Council
May 26, 2009
Page 15 of 57
scholarship plague. In recognition of your high level of community involvement,
academic merit, and outstanding leadership potential, it is my privilege on behalf of
myself and the City Council to present these scholarships to you and wish you great
success. I know you will go out and change the world and we expect that and we want
our annual updates. Okay? I do have City of Meridian pins for you as well.
Canning: Get them before she starts crying.
De Weerd: Okay. We did miss the last one and he will join us at another Council
meeting in the next week or two, so we can recognize him as well, and his name is
Tyler -- or Tyler Hale and he's from Mountain View High School. Okay. Thank you,
Council, for allowing me to do that.
B. Legal Department:
1. Annual Update on City Prosecution /Criminal Legal
Services with City of Boise:
De Weerd: Item 6-B is our legal department. I will tum this over to Mr. Nary.
Nary: Thank you, Madam Mayor, Members of the Council. The first thing we have in
our report -- or department report tonight is our update of our city prosecution and
criminal legal services. This is our contract we have with the city of Boise to provide
those services. Annually they come to report to you the work that's been done and
accomplished and the progress of this contract with the city. Tonight we have city
attorney of the City of Boise Kerry Colaianni is here, as well as their Chief Deputy Steve
Rutherford, and Mandee Russell, their most integral member of their team I know is
here as well. But take it away.
De Weerd: And they did tell me they would be brief.
Nary: I asked them to be as brief as lawyers can be, ma'am.
Bird: Which lawyers.
Colaianni: Good evening, Madam Mayor, Council Members. Kerry Colaianni, the Boise
City Attorney. Thank you, Bill, for that kind introduction. Probably need to tweak a little
bit our reason for being here tonight. This is not our annual discussion that we have
about the contract, rather, I think I would probably describe it as promise fulfilled. A
year ago during our presentation you will recall that I promised you that we would come
here on a quarterly basis and provide to you statistics through our new case
management system that is now managing all of our cases, both for the city of Boise
and the City of Meridian's cases. Pretty interesting and I think beneficial program that
you're going to see tonight. Mr. Rutherford is going to show some of those reports to
you. He's going to walk you through them. But let me say this: We have a state of the
art cutting edge case management system that not only allows us to do our cases in
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May 26, 2009
Page 16 of 57
court every day, but give you all a metric to judge our performance. We will be able to
come here every year and -- actually, every quarter and show you how we are doing,
what's our conviction rate, how many cases of yours do we have, how do they break
down from domestic violence to DUI. We will be able to provide that information to you
on a quarterly basis every year and you will be able to monitor us. You will also get a
look at how we work with your fine police department. I think we do a very good job
right now, maybe not so much with Mr. Basterrechea, but overall we do a nice job.
De Weerd: I don't know if anyone can.
Colaianni: But I will tell you this, we will be able to show you how the two agencies are
working together. You will see that in these reports on a quarterly basis, if not an
annual basis. And before I tum this over to Mr. Rutherford I would just like to say that
Mandee Russell, who is here tonight -- Bill introduced Mandee. Bill's absolutely correct,
Mandee was instrumental in getting this program engineered. The company that we
went with, the vendor, is an outfit named New Dawn and we engineered this system
alongside the company for your work, with your work in mind, and how we process it
every day, that's how this thing was put together and I'd like to thank her and Teny
Derden, who is not here tonight, but he's one of our advisors to MPD and he was
instrumental in getting it up and running as well. So, with that Mr. Rutherford will come
up and talk to you about the reports.
Rutherford: Thank you. Madam Mayor, Members of the Council, I'm going to have my
lovely and talented assistant Mandee Russell hand the reports out as I speak to you
about them. Important to know that our prosecutors and our support staff are loading
this case management system every day with every bit of information. It has every bit
of information from any of the criminal cases that we handle for you and that we handle
for the Boise city police department. And it is because of the constant entry of
information after each court hearing, when we get a case in the first instance, when the
case resolves, when the case goes to trial, that's the reason we can provide you the
reports we do. The first report, the one you're looking at now, entitled MPD all charges
incoming, this is a quick snapshot from January 1 to today's date of all of the charges
that we have received from your police department that we have active cases for. You
will notice we have it broken down by infraction and misdemeanor. There is also a
felony mixed in, because occasionally we will get a Meridian felony case on conflict from
the county, who is statutorily obligated to provide prosecution on those cases.
Infractions are worth noting as well, your typical speeding, going too fast for conditions,
running a red light, those kinds of things. In large measure and the reason the numbers
are so low, there in blue, is because folks pay those. Folks wander into the clerk and
they pay those infraction citations, you know, 75 bucks, 100 bucks, they pay those. So,
about a third of the -- somewhere between kind of 20 and 33 percent of those actually
come to us and the reason they come to us is because the people who go to the
counter say I'm not going to plead guilty, I want a trial. So, we open a file for those and
end up taking those to trial and -- and try those to a judge. Now, the misdemeanors are
of note, the maroon -- the maroon misdemeanors list as 265 in January, 205, those are
criminal charges filed by -- filed by us on behalf of your police department for cases that
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May 26, 2009
Page 17 of 57
are either arrested or citations were issued or we received some reports and determine
that charges are appropriate and we file those. So, this gives you a pretty good
snapshot of what your officers are up to, how many charges they are shipping us and
how many cases we are working on with your police officers at any one time. Now, that
is a snapshot of the charges we have received from you. This system also allows us to
do what we call clearance rates, it just allows us to see not only the cases every month
that we are getting from you, it allows us to look at cases every month we are disposing
for you. So, you can really get a good picture of how many we get, how many are going
out the door as closed, as finished, and so as we ship you those reports on a quarterly
basis you will be able to see just how busy your law enforcement officer are and how
busy we are on your behalf. The second report you have got -- hopefully you have or
that Mandee is going to hand you, is entitled the Meridian top ten charges from January
-- again, January 1 to May 26th, today's date. Just an interesting bit of information for
you, really gives you the idea of what your -- what your officers are doing out there in
the field. It will assist you as we go forward and -- and the chief of police in looking at
trends, what are the charges, what are hot button charges, do we have a DUI problem.
Boise tracks this and we know we have a DUI problem in the downtown core and tend
to direct patrols and our city council can budget in that direction and the chief of police
that focus patrol efforts in that area. So, this shows you from -- from, again, the first of
January until today's date the number of different type of charges that you're seeing.
Again, infractions like speeding that are on there should have an asterisk, because most
of those get paid. I'm sure your police department probably writes four times that
amount of speeding tickets on a quarterly basis, so -- but important for you to know,
again, for trend analysis and deployment of resources. Finally, the last thing I'm going
to have Ms. Russell hand out is not a prettied up bar graph, at least in the first instance.
It's a -- this is, actually, the report that gets generated from -- from Justware and these
are the things we take to make the prettied up charts that you're looking at now. This is
a DUI conviction rate and we will get focused a little bit about -- on the type of charges
your folks are dealing with. It's of interest to you and interest to your police department
to see what types of charges and the number of charges you are generating. So, here
this is a disposition report. So, it shows you how many cases are resolved, not how
many are coming into our office from your officers, but how many are resolved out the
back door. You will see on the left-hand side this is a Meridian city specific, we can run
this report to include all jurisdictions Kuna, Eagle, all those we handle on conflict, Boise,
Ada county, but this is just DUI's, just Meridian city, and you will notice we have split
them out, because there are a number of different kinds of DUI's. There is the vanilla
DUI at 18 eight thousand 4.1.A. There is an enhanced when somebody blows over a
2.0 there is that type of DUI. There is the second offense drug or alcohol DUI for those
folks who have had experience. And, then, there is 18 eight thousand 4.1.D, which is
underage DUI. So, again, as you go across from left to right you can see how cases
concluded with guilty pleas by month and it totals out at the -- at the right-hand side.
You will notice in March there is an acquittal column. This computer program is pretty
smart and when it sees -- when the prosecutor goes in and closes a case as an
acquittal or as a -- the jury finds the defendant guilty, that shows up and populates in
another -- another column, so we know we are losing jury trials or we are -- these DUI's
are going to trial and we are winning them that way. In January and February and April
Meridian City Council
May 26, 2009
Page 18 of 57
and May, for that matter, you can see folks are pleading guilty. There is a reason for
that. Your officers, in concert with our prosecutors, are training in a very dedicated way,
because DUI's are, obviously, important, they pose a public safety risk. Your folks --
your Meridian police officers take a very hard line on these cases and do a great job
and so most of the time when our prosecutors go to court these aren't the toughest
cases to handle. Occasionally one goes to trial. As you can see in the last few months
we have really had one case go to trial that was a DUI and it's usually those close cases
that should go to trial. It's the really close cases that will go to trial and -- so, that
provides you an idea of how many cases from January to May 26th we basically
disposed of and that number is 96. It will also give you a conviction rate and that might
be helpful for you to grade our performance. Now, a really nice feature is if you tum to
the back side of this report you will see something called a charge history report. All
those cases that we receive as DUIs have one -- one flavor of DUI or another that ends
up resolving it something different. Prosecutors are famous for amending charges. If
you talk to most police officers they think that every charge gets plea bargained, right?
Well, this allows us to quality control our prosecutors. Those cases -- these are the
cases from January to April that came to us from Meridian police department as one
flavor of DUI or another that were amended to something else. This shows what they
were amended to and what they were disposed as and, then, you will see the individual
cases down below where you will see -- the first one's possession of an illegal
prescription tablet. The second one down you will see a paraphernalia possession. I
can go into that case, I can find out who the prosecutor was. If this was actually live in
the system I'd just click where it says 84408, I'd click in there, that case would come up.
I will see the officer, I will see the prosecutor, and I will go into the notes and I will find
out why that prosecutor reduced that case. It allows me to do qualify control on my
prosecutors if I have got prosecutors having fire sales at court. In addition, it allows me
to work with your police department and if I see an officer that's writing DUI's that are
pretty regularly being reduced to something else, it allows me to go in there and maybe
identify a problem, something the officer's not doing and work with that officer's
sergeant for if we see a number of cases from Meridian of a particular flavor that keep
getting reduced or dismissed, I can go in and identify a training issue, send the folks
that are coming out here to train your officers, tell them this is the -- this is the issue we
need to cover and get your folks trained up, so that we cure that problem. So, it's really
a valuable tool both for us and for you. Finally, the last -- again, prettied up graphic is
really just what we have done off of the first page here to just show you that in -- in that
January through May 26th time frame you have got 71 regular DUI convictions, you
have got four that were amended; eight DUI enhanced charges. None were amended.
So, you can see from our perspective -- or you can see from your perspective whether
or not we are making the grade, whether we are dismissing your cases or losing them at
trial, you will be able to -- you will be able to see that right here in front of you. And
there are more reports that we can generate for you. I wanted to give you a flavor and
an idea of what we are able to do. My -- my plan going forward would be to work with
Bill Nary and with Chief Lavey and provide you the reports that they identify as
important for you in making decisions that you need to make and, then, we are happy to
come back at anytime and explain or help you understand what you're seeing on paper.
So, I don't have any other information here for you, but I'm happy to answer questions.
Meridian City Council
May 26, 2009
Page 19 of 57
De Weerd: Thank you, Steve. Any questions, Council?
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Hoaglun: There is something that you said, Mr. Ruthertord, on -- that information, then,
will be shared quarterly with our police department and, then, they can be looking at that
information and as you mentioned, you know, if a particular officer is writing DUI's and
they are getting dismissed, they can work on that. Is that sent electronically -- how is
that information going to be communicated between the two entities?
Rutherford: Madam Mayor, Council Member Hoaglun, we have a prosecutor on the
ground in Meridian three times a week and so those communications are happening on
an ongoing basis. My hope is that the results of these reports are being communicated
literally on a weekly basis as we see those problems come up. I assure you that as we
identify training issues and we typically will do it by looking at one case and saying, well,
an officer didn't do this or he did -- you know, he did this. We generally take that up
almost immediately. My hope was that I would provide --our office would provide these
reports to you on a quarterly basis, in addition to -- to the chief and Mr. Nary in hard
copy and that, again, we are available every day all day to answer questions about
them. But we are working with your chief literally on a daily basis.
Hoaglun: Great. Madam Mayor and Steve -- I mean this is a great tool. I'm pleased to
see that this is being implemented. I'm sure it wasn't easy, but it's great to see.
Rutherford: Thank you.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: Steve, does the system that you're talking about track fines or court order
restitution that may or may not be collected?
Rutherford: Madam Mayor, Councilman Rountree, it doesn't. It has that component
and it's interesting, the court, along with the partner cities, commissioned a study to talk
about calendaring efficiencies and those kinds of things. Part and parcel to that
discussion is what are we going to do about fines and collection of fine revenue and so,
you know, our hope is that we are moving towards a long term and meaningful solution.
We seem to be almost paralyzed with fear, quite frankly, all of the separate jurisdictions
that are doing business at the courthouse on Front Street, everyone's doing it different
and a long term solution is absolutely necessary. I have a meeting -- had one last
Wednesday and I have another one on Friday to start working through the findings of
that study and that's one of those things that we need to resolve. It's my personal hope
Meridian City Council
May 26, 2009
Page 20 of 57
that we can go to a third party collections, because I think that's an efficient answer and
it takes it out of our hands to some extent and I think collections will improve. We are
not there yet, but we are getting close.
Rountree: Great. I know it's a big issue at the county level as well.
Rutherford: Absolutely. Thank~you.
Colaianni: Just kind of -- Madam Mayor, Council Member Rountree, we have actually --
Steve and I have taken up the flag, so to speak, and gone to talk to some of the other
cities. We've, obviously, been talking to Bill about this very issue, but we have just
chatted recently with Garden City, they see this a little differently, but until we bring
everybody together, I don't think we are going to get resolution of the fines and
forfeitures issue. But as for tonight, thank you very much, we appreciate this. I'd like to
mention one last thing and that is I have been the Boise city attomey for the last five
years, I can tell you when I became the city attomey the first thing I saw that -- that I
thought that needed to be enhanced was this particular contract. It's important to both
cities. I think the symbiotic relationship is very clear here and it's my intent not to stop
here. My intent is to bring you more reports, because Justware can do that and listen to
you all to hear what you want in terms of these things, so that you can continue to
measure our performance. But it is our intent each and every year to enhance the
contract, so we bring something new to the City of Meridian, because you deserve it
and we appreciate the prosecution.
De Weerd: Thank you. Council, any further questions, comments?
Rountree: I have none.. No.
Zaremba: Thank you.
2. Discussion on Amendment to Disorderly Conduct
Ordinance to Prohibit Smoking In Public & Private
Areas•
De Weerd: Thank you. We always appreciate good news. Thanks. Okay. Item
number two. Mr. Nary.
Nary: Thank you, Madam Mayor, Members of the Council. The second item is the
discussion on amending our city disorderly conduct ordinance to prohibit smoking in
both public and private areas. You recall we had a presentation by Smoke Free Idaho a
couple months ago about creating a city ordinance in regards to having a smoke free
environment. This was aproposal -- is it necessary as far as Smoke Free Idaho would
like to go and Adrian Casper is here from that organization tonight and may have some
comments about this, but this is a step and some internal discussions we had on trying
to meet some of the objectives that Smoke Free Idaho is proposing and, basically, there
is -- there is some other amendments to this ordinance. The intent is always when we
Meridian City Council
May 26, 2009
Page 21 of 57
clean up an ordinance or make some changes that we also clean up some other areas
that may be problematic from an enforcement standpoint. So, one proposal -- or one --
excuse me -- one amendment that's in this ordinance is to prohibit people from
essentially hanging around or accosting people begging for money around the ATMs
and bill payment drop box areas. Courts have found that in general prohibiting begging
is prohibited. It is a free speech issue, but the courts have allowed in certain areas to
create the zone of safety for people around that, since they have -- usually have cash
when they are getting an ATM, either putting it in or taking it out. Same thing when they
are paying bills or dropping off bill payments. So, we did want to at least create some
safety area for folks in that regard. But, anyway, the one that we are here to talk about
tonight is section three and, essentially, it would create a criminal offense for violating a
no smoking sign that's posted, whether it's in a public area or a private area and I will
use as an example right in front of this building our plaza is currently signed as a no
smoking area. That is by policy of the city and that's by the policy that you folks have
passed and so -- but it doesn't have force of law. We can eject someone, because it is
a park out front. We can eject a person from the plaza area for smoking and violating
any policies or rules of the city, but we don't have any other tool other than that. Same
thing happens in a private business. They can mark, for example, a restaurant in the
state of Idaho -- it is not allowed to have smoking inside a restaurant, but it is allowed
outside in a patio. They can mark their patio no smoking, but their only mechanism they
can deal with that is ejecting the customer, which sometimes can be problematic.
Obviously, giving a citation as well can be a problem, but if you have got problem
customers, there is a way for them to deal with that and this would allow them that
ability to do that. So, there is -- obviously, as I said, it doesn't maybe go as far as what
was proposed or was thought what some other cities in the area are considering, but it
does get us a little bit further. If you would like us to take it further than that and prohibit
it in all, which was originally what was proposed by Smoke Free Idaho, we surely can
do that as well. I think our intent tonight was to bring it forward for discussion and see
which direction you'd like us to go. I think Ms. Casper is here if you want to hear from
her as well. It's your decision.
De Weerd: Council? Any comments, questions?
Rountree: Madam Mayor? I support what Bill's done, if for no other reason to have
some enforcement capability of what our policy is. I'm a little unsure of what a, quote,
no smoking, quote, sign is. Do we need some kind of a standard or specification there
or can it be a black marker on cardboard? Does it have to be posted somewhere? Are
there some legalities there that we miss with just that kind of vague statement?
Nary: Madam Mayor, Members of the Council, Council Member Rountree, I think what
Mrs. Kane in crafting this ordinance, I think what she was wanting, just to make it clear,
is that there has to be a sign that says no smoking and it has to be conspicuous and
legible, and placed at a height that could easily be seen. So, I'm trying not to put too
many elements into it from a proof standpoint, but I would not want to suggest that you
have a sign that has to have anything more specific than no smoking allowed or no
smoking, because, then, you're going to require people to have to have some magic,
Meridian City Council
May 26, 2009
Page 22 of 57
which sometimes becomes problematic, they don't know where to go, they don't know
what to write on it, and so I think her intent, which I agree with, is to make it as simple
as possible. From a court standpoint, then, there is not proof -- there is not a lot of
trouble with proving it and you can show that there is a sign and it's visible in the area.
Rountree: Would it be too much to ask to at least cite Meridian city ordinance number
on that sign?
Nary: We can. If you want it required. Again, on a private business, then, it's just
something else we will have to require, make sure it's on there, otherwise, they can't
cite it. But, otherwise, we have no problem with that.
Rountree: Okay.
De Weerd: Any other questions?
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Hoaglun: I wouldn't mind hearing from Ms. Casper on their position. They have been
involved on this and if she has a comment I wouldn't mind hearing what they have to
say on this draft.
De Weerd: Good evening.
Casper: Good evening, Madam Mayor, City Council Members, to go to the sign issue, I
think that if you look in the rules under the original clean indoor air law of 2004, there is
language in there that -- what constitutes a sign and what doesn't. I think has to be at
least an inch tall and, again, on conspicuous places and I believe it also states that it
has to have some sort of graphic representation of the -- you know, the cigarette with
the no through it I think is -- I believe is what it is. But there is some language in there in
the original 2004 law. Mayor and Council people, the one thing that was -- when we
originally came and spoke to you that had been our intent from the beginning and
where, really, the smoke free movement started is to protect the workers from the harm
of secondhand smoke. Where we figured out that secondhand smoke was a problem is
all of a sudden flight attendants started dying at four times the rate of the average
worker and they were wondering, well, why is that. Well, they took the air filters off the
planes and thought, uh, maybe this has something to do with it. So, it started as a
workplace movement and it ends that way. Our only concern with Smoke Free Idaho is
that -- is that this -- this ordinance is a step in the right direction, but our ultimate goal is
to protect all workers from the harms of secondhand smoke. Bar workers died 50
percent -- or, excuse me, are 50 percent more likely to contract a lung disease than the
average American. Why is that? Well, it's because they work in shifts all day long in a
trade that they have -- that they have dedicated a majority of their life to learn, much as
a plumber or a carpenter or a miner, but for some reason we -- we ask them to take on
Meridian City Council
May 26, 2009
Page 23 of 57
specific harms as part of their work agreement and we wouldn't tell anybody else to do
that. So, while we are definitely supportive of this -- of this measure, we hope that we
will continue to open that dialogue and really welcome the opportunity to talk to each of
you individually about where you see the City of Meridian going.
De Weerd: Thank you. Did that answer your question, Mr. Hoaglun?
Hoaglun: Yes. Thank you.
De Weerd: Okay.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: Not necessarily to belabor the wording issue, but I think the signs that are in
our plaza don't say no smoking, they say skateboarding and smoking is prohibited and
there is no symbol Xing out a cigarette. So, I wonder whether we could even enforce it
in our plaza at the moment.
Hoaglun: Well, Madam Mayor, it's my understanding the sign's going to be changed,
because of the kids riding the bikes and doing the jumps, it doesn't say no biking out
there. There has been some discussion -- someone was telling me about that, that they
might need to be adding to the sign, so that would be an opportunity to make those
necessary changes.
De Weerd: I hadn't heard that.
Nary: Madam Mayor, we will look into the -- if there is a specific requirement if we want
this for outside, since the clean indoor act deals with inside and what the sign have to
be, we want to make them consistent and that's certainly fine. So, we will verify that
before we bring it back if that's your desire, that we bring this back in whatever form.
But we can make sure that they are consistent between them, so that people aren't
having to purchase two different types of signs or create two difference ones.
De Weerd: Okay.
Rountree: Madam Mayor, I see the heads shaking that that's the way to go. I'd like to
see it come back in that form.
Nary: All right.
C. Public Works Department:
1. Budget Amendment for Well #27 Construction for
$315,000.00:
Meridian City Council
May 26, 2009
Page 24 of 57
De Weerd: Okay. If there is no further discussion, we will move on to the next item.
Public Works Department. Clint, it looks like it's yours.
Dolsby: It is. Madam Mayor, Members of the Council, this is a reallocation of funds. It
was originally intended for pressure zone one, which we have been able to postpone
until 2011 mostly just due to the economic slow down. We would like to reallocate the
funds for the construction of Well 27, mostly due to the fact that Well 10's been taken
out of service due to uranium levels that exceed the EPA drinking water requirements.
So, we wanted to move forward with the construction of Well 27 to kind of fill in the gap
for Well 10 not operating currently.
De Weerd: Thank you. Council, any questions?
Rountree: I have none.
De Weerd: Do I have a motion?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we approve the budget amendment for Well 27 in the amount of 315,000
dollars.
Rountree: Second.
De Weerd: I have a motion and a second to approve this request. If there is no
discussion, Madam Clerk, will you call roll.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: Thank you. All ayes.
MOTION CARRIED: ALL AYES.
D. Parks Department:
1. Budget Amendment for Heroes Park Phase 3
Play~round Structures for $17,575.44:
De Weerd: Item 6-D is our Parks Department. I'll tum this over to Steve Siddoway.
Siddoway: Thank you, Madam Mayor, Members of the Council. Two weeks ago the
Council approved the SWAC -- the Solid Waste Advisory Committee's recommendation
for funds to go towards the Heroes Park playground elements. That has already taken
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May 26, 2009
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place and following up with Finance, they asked that we send forward the budget
amendment that would coincide with that to make that officially part of the budget. So,
this budget amendment is simply to go hand in glove with this last recommendation that
was --
De Weerd: It's just housekeeping.
Siddoway: -- approved previously. And I will stand for any questions.
De Weerd: Council, any questions?
Rountree: I have none.
De Weerd: Do I have a motion?
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I move we approve the budget amendment for Heroes Park phase three
playground structures in the amount of $17,575.44.
Hoaglun: Second.
De Weerd: I have a motion and a second to approve this item. If there is no
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: It was a great park opening today, Steve.
Siddoway: Thank you.
De Weerd: You might want to give the two Councilmen that weren't there just a brief
overview of the Meridian Bark Park opening.
Siddoway: Thank you, Madam Mayor. We -- since the last week's meeting we did
quickly get some signs made up and the Meridian Bark Park grand opening was held
today at 3:00 o'clock and we had a great tum out. I didn't -- did anybody count the
number of dogs there?
De Weerd: There were a lot.
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May 26, 2009
Page 26 of 57
Siddoway: I bet there were 30 or 40 dogs.
Bird: There was quite a few of all size, shapes, and breeds.
Siddoway: Yes. But lots of dogs and their owners. I think people are excited to have
this space.
De Weerd: Yeah. They didn't just drop them off, which is nice.
Siddoway: So, thank you.
Bird: And Madam Mayor?
De Weerd: Yes.
Bird: And I want to compliment Mr. Zaremba on TV, he did a great job. It was on
Channel 7 tonight and he did a very good job. Appreciate it.
Zaremba: Thank you. I missed that, but I hope I was intelligent.
Siddoway: It must have been in the first ten minutes of the news, because I turned it on
and watched the rest of it and didn't find it, so --
Bird: It was in the first ten minutes.
2. Presentation on 2009 Parks and Recreation Commission
Goals:
Siddoway: Thank you. Our second item is presentation on the 2009 Parks and
Recreation Commission goals. I'm going to turn the podium over to our commission
president John Nesmith. Before doing so, I would point out that these goals are in your
Council packets. It has been items of discussion over the last several months with the
commission. I'm not sure at the end of the presentation whether a formal motion is
necessary, but we would ask for some acknowledgement or a nod of approval that the
commission is going the right direction and take any comments that you would offer at
that time. So, with that I'll turn it over to Mr. John Nesmith.
De Weerd: Thank you. Hi, John.
Nesmith: Hello, Madam Mayor, Members of the Council. We as a group -- I have
wanted to solidify and go through some goals and, obviously, the goal tonight is to show
you what we have worked on as a commission and part of this involves endorsement
from you guys, especially when it comes to, you know, the -- you know -- and what --
involving what we are going to spend our money on, so -- some of the other things that
we have worked on besides these individual things that we get handled in sub
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May 26, 2009
Page 27 of 57
committee, but the first goal that we worked on a lot for the last year and a half as we
have consummated this is to work on some of the continuity and that is to implement
the pathways master plan that we worked on several workshops. We have gone out
and done at least three tours and identified some -- some segments that make sense to
work on and get some more continuous pathways and more lengthy segments. The
next item would be land acquisition for parks and Ithink -- I compliment you guys on
that. I believe that goal number two has been accomplished, at least in south Meridian,
so --
De Weerd: Isn't that fun to knock off a goal before you even start?
Nesmith: It is. It's pretty cool. So, timing is great and -- and, then, the potential use for
number three was explore the potential use for the Borup property and we've had some
ideas there. I realize city services aren't there, but we have -- you know, one of the
things we had thought of -- no different than when you opened up the dog park this
afternoon and some uses that we could possibly use that property for an interim until we
get city services and things like that to it. So, again, we are looking for some -- maybe
some feedback back from Council as we present and work and try to get some things
done and my compliments also to Councilman Zaremba, he's always there and provides
a lot of input to us from you guys. The fourth item was improved communication
between sub committees to avoid overlapping in formation and where that really ties
into is the support of Council, we hold extra meetings, we use staff time, and certainly
haven't had any issues with, you know, doing that. Something I have been working on
is to try to get some things done and try to get some things accomplished. And the next
-- the last item was connect Meridian pathways to Eagle Island and that was the last
priority and things -- where all this stuff came up, we had a workshop in March and
threw a lot of things on the table as far as things that we thought would be viable and
possible to get done and -- throughout the next year and would certainly stand for
questions or -- I want to know if we are going the right direction and what you guys
would like to see done.
De Weerd: Thank you, John. Council, any questions for John?
Rountree: Madam Mayor, I don't have questions. A comment. Ithink that certainly
your goals are achievable and we have already started and let's keep moving forward
and get that done. I did make a comment to Steve last week about the master plan for
the parkways and I would like to see you put together as part of your implementation
maps showing the usable portion, so people -- and advertise that, so we can get folks
out there utilizing them more and you can build up a head of steam there for folks
supporting additional expansion and conductivity with some of the pieces that are just
kind of hanging loose out there. But, yeah, Ithink --Ithink you're going the right
direction and --
Nesmith: Madam Mayor and Council Member Rountree, we actually have Steve and I
know the -- the guys over at IT are having some -- or some cool projects in the works to
where we have an interactive map on Google Earth and I don't know if you guys have
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May 26, 2009
Page 28 of 57
seen that, but it should be pretty -- pretty comprehensive look, you know, parks
amenities and we have gone through and several projects have been getting all that
stuff updated what our parks have and tying that into our pathways plan. So, I think
that's coming and it's actually going to be very -- I think very cool. I think you will like
what you see. Have they seen that at all? Yeah. It's not ready yet, but it's in the works
and we have had some good presentations from Ada county and what they are working
on and trying to tie all that together, it should be a very nice project.
De Weerd: Great. Any other questions or comments? Thank you, John. We
appreciate the hard work. It's great to see how far the Parks Commission has come
over the last couple of years and certainly your leadership and that of our director has
really expanded the opportunities for the commission to really have an impact and be
the citizens' voice. So, we appreciate all you do.
Nesmith: Well, thank you, and appreciate your guys' time and working on this and
trying to knock off some of these goals.
De Weerd: Thank you. By next week?
Nesmith: Sure.
Item 7: Items Moved from Consent Agenda:
De Weerd: Thank you. Okay. Council, the items moved from the Consent Agenda
have already been heard.
Item 8: Continued Public Hearing from April 28, 2009: AZ 08-015 Request for
Annexation and Zoning consisting of 15.05 acres from Ada County RUT to
C-G (General Retail and Service Commercial) and I-L (Light Industrial)
zones for Fianut by Ronald Van Auker -west side of South Locust Grove,
north of East Overland Road and south of I-84:
Item 9: Continued Public Hearing from April 28, 2009: RZ 08-009 Request for
Rezone of 1.69 acres from C-G (General Retail and Service Commercial)
to I-L (Light Industrial) zone for Fic~nut by Ronald Van Auker -west side
of South Locust Grove, north of East Overland Road and south of I-84:
Item 10: Continued Public Hearing from April 28, 2009: PP 08-012 Request for
Preliminary Plat approval consisting of 6non-residential building lots and 1
other lot in a proposed C-G and I-L zoning districts for FiAnut by Ronald
Van Auker -west side of South Locust Grove, north of East Overland
Road and south of I-84:
De Weerd: We did have a request to move Items 8, 9 and 10 to June 9th. I will need a
motion to continue these three items.
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May 26, 2009
Page 29 of 57
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I move that we continue Items 8, 9 and 10 to June 9th.
Hoaglun: Second.
De Weerd: I have a motion and a second to continue Items 8 through 10 ~to June 9th.
All those in favor say aye. All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
De Weerd: Now, I really expected a comment on this, since it has been -- I think this is
the third or fourth request to continue. Are we not moving it far enough back to -- why
do we keep seeing this item on our agenda?
Parsons: Madam Mayor, Members of the Council, I have been working with the
applicant on this. Basically, when we went to P&Z, the applicant proposed adifferent --
a landscaping plan that was kind of current -- current with our current code today and
finding out that he didn't have sufFicient imgation water rights, he's waiting on John
Anderson from Nampa-Meridian Imgation District to get them that letter, so that he can
proceed with his application before you. I've communicated with them and instructed
them that he doesn't need that letter in place to move forward with the preliminary plat,
but he wants an opportunity to come in with staff and talk with staff about doing some
Xeriscaping, rather than doing our traditional landscaping that our code requires now.
So, he wants those discussions to happen before he brings the project before you and
he feels that this should be the last continuance. He's hoping that's the case and that
he can move forward and staff can certainly work with him on alternative compliance to
get that landscaping the way he's proposing or at least some thing that's consistent with
our ordinance. So, that's where we are sitting now.
Item 11: Continued Public Hearing from May 12, 2009: AP 09-001 Request for
City Council Review of the Planning Director's denial of Heron River
Development, LLC request for an 18-month Time Extension for Jericho
Subdivision (TE 09-013) by Engineering Solutions - 6055 & 6185 North
Jericho Road:
De Weerd: Thank you. Okay. So, Item 11 is a continued public hearing from May 12th
AP 09-001. We had opened a public hearing at that meeting. We have not heard a
presentation on it. I'll turn this over to staff.
Rountree: Madam Mayor?
De Weerd: Yes.
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May 26, 2009
Page 30 of 57
Rountree: I'm going to have to recuse myself on this item.
De Weerd: Thank you.
Parsons: Thank you, Madam Mayor and Members of the Council. This is a City
Council review application before you tonight. The applicant has submitted a time
extension -- administrative time extension application to staff. We went through the
project approvals, realized that the project was approved with six percent open space
and the current UDC requires that projects that exceed five acres in size are to have ten
percent open space and we also received a memo from you stating that if that was the
case that Council would have us -- at least have staff encourage the applicant to
increase their open space if they weren't in compliance with the current code and so in
this case staff has contacted the applicant, informed them of that change to the UDC.
We were notified by the applicant that they did not want to proceed with a revised plan
and, therefore, we are before you tonight. I would just quickly go through the slide show
and let you know kind of where the project's situated and kind of what was approved
back in '07 when you first saw the project. So, to the west and north of this you have
Hightower Subdivision, which is zoned R-4, R-8, R-15 and R-4. And, then, you have
Westburough Square to the east, which is zoned R-2. And, then, to the south is Arcadia
Subdivision, zoned R-8. When this project came before you in 2007 this does have split
zoning on it, commission wanted to see some more transitional zoning through this
project, so, basically, you had larger one acre lots, which are on the east side and, then,
they transitioned to your smaller lots to where you have town homes centrally located
and, then, you'd have patio homes along the Hightower side, so that way you have a
smooth transition of homes. Also with the comp plan designation of this project it's
within a neighborhood center, so the applicant was to provide a minimum density of
eight units to the acre, which they complied with. Here is the landscaping plan that's in
discussion tonight. Basically, you can see here that they have some street buffers.
This central open space in the middle of the project with some trees and a pathway that
connects the internal areas and, then, here are the elevations that were tied to that
subdivision as well. Again, this project was approved with six percent open space.
Staff did not receive any written comments on here regarding the project. We did
receive several phone calls from the same gentleman. I see him in the audience
tonight. He wants to discuss the project with you as well. And so, really, the
outstanding issue is do you want to uphold the director's decision to deny the time
extension, grant the time extension, or, basically, have the applicant redesign this, lose
some lots, and increase the open space. With that I will stand for any questions.
De Weerd: Thank you. Council, any questions for staff at this time?
Bird: Not at this time.
De Weerd: Okay. Is the applicant's representative here? If you will, please, state your
name and address for the record.
McKay: Becky McKay, Engineering Solutions, 1029 North Rosario, Meridian.
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May 26, 2009
Page 31 of 57
De Weerd: Thank you.
McKay: I'm here representing the applicant on this particular project. I apologize for my
casual attire, but due to shoulder surgery I can only wear certain things -- only certain
things go with this. We are here this evening -- this is a small project, it's only about
nine and a half acres. When we initially submitted this project we were within that
neighborhood center designation. We struggled with trying to obtain the eight dwelling
units per acre minimum density requirement of the neighborhood center area.
Hightower Subdivision had previously been approved and one of the things that -- that
was difficult was transitional lot sizing between the Westburough Estates on our east
boundary. There are five one acre lots along the east side of Jericho Street and they
were all built upon. So, when we initially submitted our plan the staff was not satisfied
that we complied with the intent of that neighborhood center and the neighbors were
unhappy. We asked the Planning and Zoning Commission give us a couple of months
to sit down, have some roundtable discussions with the neighbors, the staff, and let us
go back to the drawing board and see what we can come up with. So, after a couple of
months of many meetings, the plan before you this evening is a time extension. It was
what we came up with and it kind of evolved through many many meetings and we
worked through our issues, we came up with a minimum of 8,000 square foot lots on the
west side of Jericho to complete that street, because one of the comments that we
received from the Jericho residents is don't just fence us out and try to -- and, then,
have higher density adjoining us, why don't you complete our street and make a
neighborhood here. So, that's what we did. We kind of ended up almost with two
different developments, the lots fronting on Jericho, completing the development along
that Jericho local street and meeting the minimum lot size and they wanted no more
than eight lots. Then, we transitioned to larger detached single family lots and, then,
within the interior of the project we had our alley load attached dwelling units on what
we call a MEW, which is a large common lot interconnected with micro paths. I
mentioned in my letter that the staff noted in our initial report that -- how we had actively
worked with the neighbors with the staff to overcome the issues and met the goals and
policies of the Comprehensive Plan. We went ahead, we submitted our final plat
application. We -- well, initially we received approval of our Findings of Fact on March
20th of 2007 and at that time the UDC requirement was five percent, which we satisfied.
Then, approximately four months later the UDC was changed on July 10th of 2007,
increasing that from five to ten. We proceeded with our construction plans. We
submitted our final plat, our construction plans, our final landscape plan and that was
submitted and received Council approval on August 21st of 2007. And at the time we
had submitted our application I think on July 13th, so three days after the Council had
approved that initial update to the UDC and the staff reviewed our application, said we
were in compliance with our conditions of approval, our Findings of Fact, Conclusions of
Law, and our development agreement. We proceeded forward, we obtained
construction plan approval by Meridian Public Works, which we did request a renewal
of. We received approval from Ada County Highway District on our construction plans,
Settlers Irrigation District, Collins Lateral, DEQ approval and, then, Idaho Power did do
their design on our development and so I attached in my submittal to you copies of
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May 26, 2009
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those approved construction plans and you can see at the end of each plan it says
approved, there are dates and there are signatures from ACRD and your Public Works
Department. When the staff told us that we needed to bring this up to the ten percent I
did analyze the project, I came up with a couple of different ideas. It would eliminate
three of our bigger lots. In order to meet that we are short approximately 16,000 square
feet. I did fax that over to my client. We did a conference call and discussed it and his
comment to me is based on the current market situation this project is marginal at best if
I eliminate three additional lots and add more open space, which, obviously, involves
cost, then, this is not economically viable. So, we could not come up with a solution.
The other thing I struggled with is we worked so hard with the neighbors in
Westburough and the staff and we -- we struggled to try to maintain that eight dwelling
units per acre as a goal and if I eliminate more lots, then -- to satisfy one requirement of
the UDC, then, I back slide on another requirement in your comprehensive plans. I
reviewed your UDC and it, basically, states that if we submit a time extension that the
Council may require that the preliminary or final plat or short plat comply with any new
provision of the title. And I fully understand, based on the last time I came before you,
the Council's instruction to the staff that if it -- if it doesn't comply send it forward to us.
If the applicant wants to request a review by the Council and, then, we will make the
determination, not the staff. So, I'm asking you tonight to take a look at this and
understand what we have gone through and I wanted to make a couple of quotes in the
minutes when we initially came through we were commended by Councilman Borton
saying I appreciate the effort -- the efforts toward the transitional phases that you have
done and in regards to the various densities. Councilman Zaremba said: Obviously,
the work with the neighbors has paid off. The fact that nobody is here objecting to this
even though they are larger properties around, I think it's a project that could be a good
addition to the city. So, this -- this project was unanimously approved and we felt very
pleased with it and we had done a considerable amount of work up to this point. This is
our first time extension, the administrative one, and with many other projects they are
asking for time extensions. We just happen to be extremely small and we just don't
have any lots that -- that we can spare and still keep this economically viable. One of
the things I did throw out in my letter to the Council and to the staff was that some type
of a compromise, maybe adding some additional amenities. We would like to,
obviously, explore that, because, you know, our client does not want to skirt his
responsibilities and we want to make sure that this is a good, quality project. But I
guess I need the Council to kind of work with me here to come up with -- with some
options. If this were a larger project I wouldn't be here tonight. The larger ones we've
typically been able to accommodate it or it already met that ten percent requirement.
Unfortunately, this is one of the small ones and I think Councilman Hoaglun asked me
the difficulty that we've had with the ten percent and is it causing us problems and my
answer to you -- only on the smaller projects, those that are typically, you know, ten
acres or less it is difficult. But I just hate to throw away the work that we have done, the
time that we have spent, the commitments that we have made to the Westburough
neighbors of a technicality and could I answer any questions? .
De Weerd: Council, any questions?
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May 26, 2009
Page 33 of 57
Bird: Not at this time.
De Weerd: Okay. Thank you.
McKay: Thank you.
De Weerd: We do have several people that signed up indicating their opposition to -- to
this item. When I read your name if you'd like to provide testimony at that time I would
invite you to, please, come forward. Ralph Bielinski signed up against. Sir, if you will,
please, state your name and address for the record.
Bielinski: Madam Mayor, Council Members, I appreciate the opportunity to talk. My
name is Ralph Bielinski. My wife Darlene and I live at 6178 North Saguaro Hills
Avenue. That's in Hightower Subdivision.
De Weerd: Thank you.
Bielinski: We weren't here when this plan was presented. If we were we probably -- we
would have objected at that time as well. I have reviewed the plan -- or my wife Darlene
and I reviewed the plan. It's very congested. It's -- well, the layout does facilitate a lot
of dwelling units in a small area. When I look out our property abuts the Jericho
Subdivision, the proposed plan. If I look out I would prefer to see a little more green
space, if you will, and a little less congestion and if -- we would prefer to see the ten
percent plan go into effect. Rather -- a suggestion. Rather than eliminate the larger lots
to accommodate the ten percent, I would prefer to see something in the -- eliminating
some of the townhouse lots there to accommodate the ten percent, rather than the
larger lots. So, I just want to say we support the planning director's denial of the appeal
and ask that you would do the same. I also have -- I don't know if this is submissible or
not. One of the other neighbors who also were not there when this plan was submitted,
they can't be here tonight, but they also reviewed the plan and Mr. and Mrs. Moon wrote
a letter also supporting the denial of the appeal. I don't know if we can submit this or
not.
De Weerd: Yes, you can. You can just give it to our city clerk there at the end. Thank
you, sir. She will date stamp it in and make sure it's part of the record.
Bielinski: Okay. Thank you. Any questions?
Hoaglun: Madam Mayor. Mr. Bielinski, can you give me a reference where your
residence is on this map again?
Bielinski: It would be -- yes. Okay. I see an arrow here.
Holman: Sir, if you hit -- there is some buttons across the top of that tablet there. Hit
the red one.
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May 26, 2009
Page 34 of 57
Bielinski: Hit the red one?
Holman: Yep. And now when you write -- you can either -- if you grab that pen and you
can write with the pen that's attached to the board.
Bielinski: Okay. I believe -- well, right about here. This is the Jericho and we are here.
And the other home is about here. There -- Mr. and Mrs. Moon, the letter that I
submitted. Any other questions?
Hoaglun: Madam Mayor. Mr. Bielinski, is that a patio type home or what type of
home --
Bielinski: All those homes are scheduled to be patio type homes.
Hoaglun: Okay. Great. Thank you.
De Weerd: Thank you. Also signed up Midge McCoy signed up against. Thank you.
Darlene Bielinski. Thank you. Signed up also against. Tyler Rountree signed up
against.
T.Rountree: Madam Mayor, remaining members of the City Council, Tyler Rountree. I
live at 1098 Pasacana, which is located right here against this project. I'm also going to
speak on behalf of the HOA for the subdivision. Our HOA president wasn't able to be
here tonight, I am on the HOA board, and comment on a couple of comments that Mrs.
McKay made. I can't speak to the fact that they work well with the five neighbors that
live along Jericho, because I wasn't there. But I can now tell you that there are 33 new
neighbors just in Arcadia that haven't been worked with on the development at all. So,
as far as the requirement goes for the percentage of the open space, I think this is an
opportune time to be able to go back and have them to do a redesign on their request
and have them meet what the current requirements are. Our subdivision I am told
meets the ten percent. Saguaro Canyon -- I don't know if any of you have driven out
through there, it's a fairly beautiful subdivision. There is lots of open space in that
subdivision, along with pathways and some other things, that this little section I think
now that everything else has kind of grown around it, having that open space would
compliment what's there. When it was approved -- correct me if I'm wrong -- there
wasn't anything out there in '07. So, everything has now grown around that. So, I can
understand. her concern with meeting the six percent and, then, it changed and now it's
ten -- things have grown around it and I think that's a fair requirement to make this
parcel meet. I have some photos, if you want to see those, of Saguaro Canyon and our
subdivision as far as our open space. It's got a pathway that goes around it. It's
landscaped. We maintain it. The biggest issue that we have with the development
currently right now is that nothing has been done to this parcel at all. At one point last
fall I got to haul 19 loads of tumble weeds back over to the property, because literally
you couldn't even see out of our backyard. The economic hardship that it's created for
our HOA is due to that maintenance we have trees that are along this fence comdor
right here that have not been maintained that are ready to take out our fence. We are
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May 26, 2009
Page 35 of 57
dealing with bugs. We are dealing with weeds. And it costs our little 33 home
association to deal with the problems that we have got with the current development
and the other thing that concems us greatly is posted on or around the 6th of March is a
notice of trustee sale on the current property that she's talking about. Now, this parcel
applies only to 6055 North Jericho and I do believe there is two different addresses
there as this partial split. So, my concern with this is really where is it going to go? If
they are granted the appeal and the property turns around and sells tomorrow, what,
then, are we going to be dealing with, because clearly the economic hardship is already
there. So, the cost of three lots I don't know are really going to change kind of where
we are at. That's what concems us the most is that something's going to change hands
and take place with this parcel and whatever is going to be put there is what's put there,
because it looks like currently this developer is not going to uphold his end of the
bargain on the property. I stand for any questions.
De Weerd: Thank you. Council, any questions?
Bird: I have none.
Hoaglun: Madam Mayor, I just have to ask Mr. Rountree, did you bum those tumble
weeds?
T.Rountree: No. No, sir. I live in the city. Wouldn't allow me to do that.
De Weerd: Thank you.
T.Rountree: Thank you.
De Weerd: Those were the names that signed up to testify or to express their
opposition. Is there any further testimony on this item? I would ask, then, the applicant
for closing remarks.
McKay: Madam Mayor, Members of the Council, when we went through our
neighborhood meetings, public hearings, Arcadia and Saguaro were already platted,
because they are showing up on my maps and Hightower was starting construction.
So, they -- they were -- those projects were built and if people move in, obviously,
opinions change. As far as the issue of this particular site plan that was approved is
congested, Hightower is R-8, R-15, C-C. It has alley load. It has patio homes. It has a
commercial component and we were instructed when we came through the process to
try to come up with some -- of a plan that would interface with Hightower, more of a grid
pattern, some alley load, diversity in our residential product and that's what we ended
up submitting. Mr. Bielinski says, you know, why don't we eliminate some of the
townhomes. If I eliminate the townhomes that's seven townhomes that would have to
be eliminated in order get us up to that ten percent. On that western boundary I
matched Hightower's lot lines lot line for lot line, 50 -- they are all about 50 feet wide,
approximately. And as you can see in the vicinity map you can see where they line up.
At this juncture we have all of our approvals and our construction plans. As far as the
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May 26, 2009
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situation, is there a trustee sale with the bank -- I don't know. I don't have any
knowledge of that, other than my client paid the fees and it's his intent to try to keep the
project alive. We submitted very nice elevations that are tied to this project. That's why
we have conditions of approval. That's why we have our development agreement to
insure that if projects change hands, then, the promises and the development will take
place as committed to in the initial approval. The neighbor center, the whole idea and
the reason behind the comprehensive plan designation of that eight dwelling per acre
minimum is to provide some type of density to sustain a neighborhood commercial
component at these half miles and that's the whole idea. Some of those, you know,
they are going into more apartment type developments as one of their residential
components. So, I mean this area is not designated for single family detached
residential low density development. That's not what it's designated. We designed it
according to your Comprehensive Plan. As far as the weeds and the trees, I will
definitely bring that up with my client. Many of the other cities right now, due to the fact
that there are some distressed projects out there, that projects have asked for time
extensions, things have been put on hold, they are notifying my office, they are sending
me an a-mail or a letter to get the client to do weed abatement. I don't think I have been
contacted by the city on any of the projects. I normally don't drive out and take an
assessment, you know, before they start construction, but, obviously, if that is an issue
and a problem, I don't think that financial burden should be on Arcadia to deal with
whatever nuisance that is causing. This is a good project. We went through so much to
get to this point and to throw it all away I just think is a travesty and, like I said, we have
made so many commitments to the Westburough Subdivision, because they were the
ones at the time that were most affected by this project and as people have moved in
over the past 18 months, like I said, you know, attitudes change. This is a good project
and I ask the Council to take a look and think about it and, like I said, we are open to
adding additional amenities to spruce this up. If there are some problems that have
been identified this evening, then, I think they should be placed in there as a condition
of approval that that be taken care of and immediately. Do you have any questions?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Becky -- and I realize you don't probably look at the property, but what kind of
hammer have we got on your client to make sure that is maintained and, you know, you
and I can tell him or code can tell him, but have we -- what have we got that can force
him to do that? What would be your suggestion?
McKay: Typically the letters, that we have received reference some type of city code
that weed abatement within the city limits, which this is within the city limits, must be --
you know -- and they provide -- most of the cities will put a condition that these sites
have to be taken care of. You know, they can go in there, Keith, and disk it under and
take care of some of the problems, spray the trees, trim them back, you know, there is
some things that can be done and we have done them and this developer has done that
very thing on other sites. Over in Star, for example, on a 300 acre site that we have
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May 26, 2009
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developed four phases of and the city of Star says, you know, hey, it's springtime, the
weeds are out, you need to get out there. And so what we do -- I need something from
the city saying you have got to take care of this, it needs to be taken care of. Most of
the time they say it needs to be done within 30 days. I don't know what section of --
maybe Mr. Nary can enlighten me. I don't know if your -- what section of your code has
any discussion on weed abatement -- I don't know what else to say, Keith, as far as a
hammer. A condition of approval.
De Weerd: So, he's waiting to be told.
McKay: Yes.
De Weerd: And, typically, until, like I said, I get an a-mail or a phone call or a letter,
that's when -- that's when they take care of it.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Becky -- and I'll assure you you need to drive by there, because you're going to be
absolutely shocked at the condition, if you haven't been by.
McKay: I have not been by there, Keith, for months.
Bird: The neighbors have every right to complain. The size of your side lots and stuff,
you know, you match up there on the west side with what's existing and townhouses
and stuff and I could even overlook the extra open space, but the way the property's
been allowed to -- as I'm sure turned a lot of the neighbors upside down on the project
just because of that. It's -- you know, why get a time extension if it's going to be tumble
weeds out there.
McKay: Well, maybe -- Madam Mayor, Councilman Bird, maybe -- maybe the Council
should defer action on this and instruct me to go back to the developer and say here are
concerns, these need to be taken care of and set this out 30 days. And if they choose
not to take care of the situation, then, the Council can decide where they stand. Is that
fair?
Zaremba: Madam Mayor?
McKay: I don't know of any other solution.
De Weerd: Mr. Zaremba.
Zaremba: I have not driven by the property, so I can't speak for its current condition, but
it sounds like a typical thing that we would -ask the code enforcement officer to swing by
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May 26, 2009
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and maybe that would generate the letter and I think we do have ordinances that would
cover that process.
De Weerd: We do.
Bird: We do.
Zaremba: Separately from the issue at hand.
McKay: Driving around there are quite a few sites that are getting really weedy and the
weeds are getting out of hand and it's all -- it's a problem all over our valley right now.
Zaremba: I guess it would be just focusing our code enforcement officer's attention on it
and I would think, then, the normal process would start to happen. I would comment --
you quoted me when this came before the council before and, actually, when I realized
it was coming back my recollection is exactly as you have quoted me and I even think
this may have come to the Planning and Zoning Commission first while I was still there,
so I think I may have heard this twice.
McKay: I think you did.
Zaremba: And I do remember the struggle that went through. This was an odd piece of
property between other pieces of property, some developed, some not developed, and
at the time I did appreciate the effort that went into producing what I thought was going
to be a nice addition to Meridian and I still feel that way. With all due respect to the
neighbors that have moved there later, the ordinance requires us and requires the
planning director only to consider the new ordinances and I don't feel that a request for
a time extension means that the project needs to start from scratch. I really feel we
need to focus our discussion on whether you have to move from six percent to ten
percent open space. The work that went into this -- I mean your property owner has
rights as well and they have the right to develop this as previously approved, except that
if you need the time extension, then, we need to talk about complying and I think the
director did the right thing in denying it. I am openminded about discussing whether it
really does need to have that much open space or not. But I -- but I resist the
temptation to say that you need to start from scratch. The work that went into this, with
all due respect to the new neighbors, we have a number of projects around town that
have been developed in a process where after new people moved in who could have
known that there was going to be something built next to them, wanted something
different and consistently we have said that we aren't re-engineering the entire project
when somebody could have known what was going to be there. And so I just -- I'm
willing to listen to discussion about whether this needs to go to ten percent, but I don't
feel inclined to make it start over entirely. Personal opinion.
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Meridian City Council
May 26, 2009
Page 39 of 57
Hoaglun: Question for planning staff. In going through -- and I wasn't here when this
was discussed and decided upon, but I noted that when this was approved in August of
'07, the UDC was amended in July, yet this was still allowed to go forward with -- with
the six percent -- they required five percent, they had six percent. Was there any
discussion thought of -- at that time or in that process, was it just going through
everything and it just wasn't ever brought up?
Canning: Madam Mayor, Members of the Council, Councilman Hoaglun, the way that
the UDC is written you're vested with the ordinance that's in effect at the time that your
application is being deemed complete. So, they would have been excepted under the
five percent minimum rule and that's how we would have evaluated it throughout the --
throughout the process, including the final plat. With the final plat you're vested with
your preliminary plat. So, this was the first opportunity we had to discuss the change in
the open space requirements.
Hoaglun: Okay. Thank you. Madam Mayor, if I might continue a question for Mrs.
McKay. You said that the -- the owner-developer is willing to discuss amenities. Do
you have any idea in lieu of additional open space what type of amenities might he be
talking about or is that something you have not discussed with him?
McKay: We haven't discussed any specifics. The approved landscape plan shows
primarily just landscaping. All of the storm drainage is sub surface, so it's not like the
landscaped areas or swells or anything, but because of the small size they weren't
required at the time to have a bunch of amenities. You know, there is play equipment,
there is -- there is, you know, hardscape plaza -- little plaza areas, sitting areas, all
kinds of amenities. I guess the Council could be specific or the Council could say in lieu
of the ten percent you provide two amenities, work with our staff to find some amenities
that are acceptable to -- for this size of a project. You know, obviously, a pool and club
house for 68 lots isn't going to -- you know, that's not viable, but -- but there are plenty
of amenities out there. I guess I'd prefer to work with the staff -- I mean they are very
good about, you know, coming up with ideas on -- or recommendations on what they
think is an appropriate amenity comparable to the size of the development.
Hoaglun: Thank you.
De Weerd: Any other questions from Council? Thank you.
McKay: Thank you for your time.
De Weerd: Okay. Council, you have had public testimony and wrap-up remarks from
the applicant. Any further information needed from staff? Okay. I would entertain a
motion to close the public hearing.
Bird: So moved.
Meridian City Council
May 26, 2009
Page 40 of 57
Hoaglun: Second.
De Weerd: I have a motion and second to close the public hearing. All those in favor
say aye. All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
De Weerd: Okay. Discussion?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Before I make a motion, I'd like to make a statement and I hope Becky will do this
in the morning. Before we have to send our code officer out, I hope she will go to the
owner and tell him to go out there without the code enforcement and get the place
proper, so the neighbors don't have to live with the weeds and the tumble weeds and
the dead trees and that kind of stuff. I'd hope that he'd be business enough --
businessman enough to do something like that, so -- and I know Becky will take care of
it. Those aren't her standards for a development that she's working on.
Hoaglun: I just have a comment, Madam Mayor. It struck me -- in my previous job
working for the state of Idaho dealing with budget cuts and part of our discussion, you
know, as a manger was when we were looking at, well, we are going to cut everybody's
pay three percent. That three percent affected people differently. If it was someone
making 28,000 dollars a year, that three percent was a heck of a cut. To a manager
that we had who was making 75,000 dollars a year, that three percent wasn't so bad. In
some ways that open space requirement is very similar. Ten percent open space
requirement for 300 acres is very manageable. Ten percent of a -- of a ten acre parcel
it starts to get bit a more. So, I don't feel quite the same way that we have to be hard
and fast on this, although I do want to see some nice amenities, that if we aren't going
to -- if the Council decides, no, we aren't going to go to -- move to the ten percent, we
are going to leave it at the six percent, I think the amenities need to be discussed with
the planning staff to see what can be done to enhance that development. That is a very
nice area out there and the homes that Mr. Rountree and Mr. Bielinski are moved in
there, it's because of the amenities of the area and it's a nice neighborhood and a great
place to either retire to or raise a family and whatever -- whatever your choice is. So,
you know, I want to see development that maintains those standards. It doesn't
necessarily have to be in pure open space, but in amenities or it looks and maintains
the feel of that overall development.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Meridian City Council
May 26, 2009
Page 41 of 57
Zaremba: I support that idea and I would repeat that I think the director did the right
thing. She had to do what she did and if we vote to overturn her, it's certainly with no
malice or unappreciation for the job that you do. But I agree, this is a small project that
maybe can't stand that change and if we could call a couple of amenities alternate
compliance to the open space requirements, I'd be happy to see that as part of the
eventual motion.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I believe we have all had our say, so I will attempt a motion. And before I attempt
it, let's explain that staff can't change ordinances or anything where the Council can.
So, we are certainly not coming down on the staff. They have got a job to do and they
have to do it that way. I move that we override the denial and allow the six --
approximately six percent common open space with the addition of two amenities as
developer and staff can agree upon and that -- and I don't suppose this has to be in the
motion, but I will say it anyway -- that the developer gets that property cleaned up and
presentable, so the neighbors do not have to live with their trash.
Zaremba: Second.
De Weerd: Okay. I have a motion and a second. I imagine since the time extension is
-- is 18 months, that that is going to be clean for 18 months without our code
enforcement going out there and waiting for a letter from them, they will do it on their
own. Okay. Thank you. And that was the intent of the motion I'm sure. Okay. 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 12: Continued Public Hearing from May 12, 2009: PP 09-001 Request for
Preliminary Plat approval of 13 building lots and 1 other lot on
approximately 10 acres in an existing I-L zoning district for Bayside
Taylor Commerce Park by Nick Schubin -1100 West Taylor Avenue:
De Weerd: Thank you for joining us this evening. Item No. 12 -- as Mr. Rountree
comes back out here. Item 12 is a continued public hearing from May 12th on PP 09-
001. I will ask for staff comments.
Parsons: Thank you, Madam Mayor, Members of the Council. This is a preliminary plat
application for four industrial -- 14 industrial lots. Excuse me. The site is situated at
west -- 1100 West Taylor Avenue. If you recall, this was the old 84 Lumber site that
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May 26, 2009
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staff approved this -- and approved this site in 2005 with a CZC. Right now with the
arrow that you see in front of you, this is how the site is developed. To the west of it you
have Creamline Subdivision, which is also an industrial park. Railroad tracks to the
north and some R-15 -- it looks like apartment homes to the north. To the south is
outdoor storage units and, then, of course, another to the east you have the Yanke
warehouse, which has the YMCA and a church that the Commission approved back in
2008. So, here is what the applicant is proposing before you tonight. This is the
simplified version. I cut and pasted this off of this, so you can kind of make out the lots.
Here is phase one. Again, they are proposing to phase this into four phases as you see
here. Phase one would include three lots. Phase two is showing two lots. Phase three
would be three lots. And, then, internal to the development could be phase four, just
depends on market demand and how well these sell. TIS or building permits are
currently underway for building one here or lot one and, then, staff has also issued
CZC's for future lots four and five as well. The reason why this item was continued --
when we went before P&Z, staff, fire department and recommended that the applicant
submitted a private street application for addressing purposes for the development.
Once we were getting ready to come before you we found staff had errored and realized
that they needed to provide ten foot landscape buffers adjacent to the private street and
after meeting with the applicant we realized that that wouldn't be feasible for this project
to go forward, so if that requirement would be placed on them you may not have seen
the project, they would have just pulled the application. So, we got fire together,
planning staff, got with the applicant and what I will do is try to have some conditions
amended tonight, so that fire department is satisfied and planning staff is satisfied and
so that the applicant is also satisfied that we can move forward and just, basically --
rather than requiring the private streets, we'd basically just have across-access
easement as it's depicted on this plat before you tonight and that way they can work
with the fire department as far as addressing requirements and whatever else they may
require to insure that these buildings are addressed properly and public safety has been
addressed. Here is the landscape plan. Basically, all that they are required to do as
part of this is put the ten foot landscape buffer adjacent to North 10th Street and West
Taylor Avenue. The applicant also decided to add some plant islands and kind of
enhance the entrance into the park, which is a nice feature for an industrial park. So, I
commend them on that. Also at the hearing -- excuse me. At the hearing, speaking in
favor was Pat Tealy. No one was in opposition of that. At the time that we went before
Planning and Zoning we had not received ACHD's comments regarding the traffic study
or the plat. The staff report has been amended to have those. We did receive those.
The staff report has been amended and includes those comments and those traffic
study comments as well. Key changes to the staff recommendation was applicant -- at
the time -- right now lot 11 -- if I can go up to that plat. Lot 11 is an open drainage lot
right now, so staff was -- didn't realize they were going to sub surface drainage on the
site and so that will become a buildable lot. So, Commission -- staff had asked
Commission to strike that condition and allow that to be a buildable lot. So, that was
entertained -- that motion was entertained and approved and also, again, as I
mentioned, we had to insert ACHD's comments and TIS comments. So, what staff is
recommending -- our outstanding issues before you tonight and staff is asking Council
to, basically, strike condition 1.1, bullet number three, and add two new conditions. The
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May 26, 2009
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first is to read: Cross-access shall be recorded by a recorded document and/or note on
the final plat to insure that all lots within the subdivision have direct access to a public
street system and the second condition would be the applicant shall provide a master
kiosk at the entrance of the development that depicts a directory map and addressing of
the buildings within the development, said signage and additional requirements, i.e., an
addressing map, numbering, and letter sizes shall be done through coordination with
the Meridian Fire Department. Written testimony as -- since the P&Z meeting. The
applicant did send an a-mail over to staff today saying they are in agreement with those
conditions. And with that I'd be happy to answer any questions Commission -- Council
has.
De Weerd: Council, any questions?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Bill, on your new cross-access, I -- you know, I don't like and/or. I think there has
to be a note period on the final plat, because we have found in the past if it isn't on the
final plat, if it's in some recorded document somewhere else, it is missed. So, I -- the
recorded document could stay in, but I'd like to say and a note on the final plat, not or, if
that's agreeable to you guys, because it has come back to bite us a couple times.
Canning: That is, sir, and usually what we do is they record the cross-access document
separately and, then, we record that number on the plat.
Bird: Okay.
De Weerd: Okay. Any other questions?
Bird: I have none.
De Weerd: Okay. The applicant.
Tealy: Madam Mayor, Members of the Council, my name is Pat Tealy. Office address
187 East 50th. I'm here representing the client Bayside Investment. Mr. Cornell
Larsen, who is also here and he can answer any questions about the -- the actual site
plan and the -- and the architectural features. They purchased the property about a
year ago from -- it used to be an old 84 Lumber site and -- that for some reason they --
they moved out of town and it's sort of an odd site, it has very little frontage on Taylor
Street. This wasn't an original subdivision, this was a bunch of section ground that had
been divided up through metes and bounds description, so there was no -- there wasn't
a lot of future thought I think put into the layout of these lots and stuff. Since August --
last August we have been working on the plan, went through several iterations, and
submitted the preliminary plat to the City of Meridian. At that time it was reviewed and
the private road issue was -- wasn't brought up at that time, but after talking with the fire
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May 26, 2009
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department and their concerns we did actually have a sit down with Bill and Anna and
Pete and the fire department and I think we worked things out to where he's very
comfortable with our layout now and our plans to go forward. Right now we are waiting
for this plat approval to go ahead with the first phase, as Bill indicated, the phasing is
there, just -- just because of the economics it isn't a real great time to go out and
develop these kinds of things, but it's a needed component of -- in the City of Meridian is
industrial lots and the industrial zoning is very valuable to the city. So, we are trying to
utilize it and get it moved forward. I think the one large building -- the existing building
has got some tenant improvements, plans improved and lots four and five also, as Bill
mentioned, are ready for the building permit to be picked up. The drainage, just to
address the drainage lot, there was a little bit of confusion in the -- at Planning and
Zoning. That drainage lot will remain there while the existing asphalt is there, because
it has -- has a drain system that uses that drain lot. As we proceed through the
subdivision we are going to eliminate that and it will eventually be turned into a buildable
lot. So, I will stand for any questions that Council may have. One of the things we want
to do is commend the staff, this project had several starts and stops and we, basically,
rescued it about two weeks ago, so want to thank them a whole lot.
De Weerd: Thank you. Council, any questions?
Bird: I have none.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: For Pat. The plat does not necessarily indicate the -- all the structures that
will be out there. Will they be removed or what's going to happen with those?
Tealy: On our preliminary plat we -- it's sort of hard to see, because there is a lot of
information on there, but we do indicate the -- that lot one has the -- that would be that
existing --
Rountree: Right.
Tealy: -- that would be modified. In the meantime, while we go through with the other
two -- I guess I could -- is this thing active now? In the other two -- okay. These two
lots here, like I say, are in for building permits. This is in for tenant improvements. In
the meantime, these two open storage sheds will -- they will try to rent those out to get
some income off of that and there is some talk about an occupancy on this building over
here. So, will be removed as the phases move forward.
Rountree: Okay. Thank you. That's all I wanted.
Zaremba: Madam Mayor?
Meridian City Council
May 26, 2009
Page 45 of 57
De Weerd: Mr. Zaremba.
Zaremba: I know we are supposed resist reengineering projects, but Ijust -- just a
comment. With the railroad track right on the back border of this property, it seems a
shame to me to run the private road around the perimeter on the railroad end of it and I
don't know whether it would be possible to move the two lots back to the property line
and run the road -- I guess 12 and 14 and run the road in front of them -- that may not
satisfy the fire department, but Ijust -- if you ever had a tenant that wanted access to
the railroad, which we would hope would occur, there might be a way to make that
easier.
Tealy: I agree with you. That's very valuable, but it's also really hard to find a tenant
that needs that kind of space.
Zaremba: Okay.
Tealy: Yeah, that has a need for any sort of railroad frontage they are few and far
between, but it's very valuable and if they do find somebody that wants that railroad line,
we can use lot line adjustments or whatever to come up with a solution to that. Right
now the road will just cross the tracts, just like you typically do on the site.
Zaremba: Thank you.
Canning: And, Madam Mayor, Members of the Council, Council Member Zaremba, if
the tenant took the large central portion -- actually, the only cross-access you would
need would be the -- coming down from -- coming in from Taylor and, then, moving
along here to provide access over there, because this one would be along here. So,
that isn't a critical component of the cross-access system back there along the spur line.
Zaremba: Except that -- I'm song. Except that the fire department probably would
either want, then, a tumaround or something, because this gives them a loop.
Tealy: Right. To accommodate them with the tumaround and there is a chance that
you can get a major user that might take all those interior lots and, then, we wouldn't
have to do the street frontage.
Zaremba: Okay. Thank you.
De Weerd: Any other questions from Council? Any additional testimony? Cornell,
you're the only one left. No. Only if you have anything to say. You heard him. If you're
happy you can close the public hearing.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Meridian City Council
May 26, 2009
Page 46 of 57
Rountree: I move that we close the public hearing on Item No. 12.
Bird: Second.
De Weerd: I have a motion and a second to close the public hearing on 12. All those in
favor say aye. All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I move that we approve the item on number 12, PP 09-001, with the
inclusion of the staff recommendation on comment condition number one, with the two
points as it relates to cross-access and signage.
Bird: I will second it.
De Weerd: I have a motion and a second to approve. Any discussion?
Bird: Will the maker take out the or in that statement?
Rountree: If I must.
Bird: Please.
De Weerd: I think it sounds like he did.
Rountree: I will.
De Weerd: Any further discussion? Madam Clerk, will you, please, call roll.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
Item 13: Public Hearing: SHP 09-001 Request for Short Plat approval to create 3
building lots on 1.51 acres in a C-G zone for Challis Subdivision by
Tealey's Land Surveying - 575 East Franklin Road:
De Weerd: Item 13 is a public hearing on SHP 09-001. I'll ask for staff comments at
this time.
Meridian City Council
May 26, 2009
Page 47 of 57
Canning: Madam Mayor, Members of the Council, this is the Challis Subdivision. It's
located on the southwest comer of East Franklin Road and South Stratford Drive at 575
East Franklin Road. It's due west of the cemetery and the application before you tonight
is the three lot short plat. The proposed short plat will create three commercial lots on
approximately 1.5 acres of area that's zoned C-G and the subject property meets all the
applicable requirements of the UDC. Staff is recommending approval and we do have
an a-mail from the applicant stating they are in agreement with the conditions of
approval. And with that I will answer any questions.
De Weerd: Okay. Council, any questions? Hearing none, would the applicant like to
provide testimony?
Tealy: Madam Mayor, Members of the Council, Pat Tealy, 187 East 50th. Only if you
have any questions about it. This is a Washington Federal Bank. It's going to be
located on the comer. I think we will be submitting the building permit for that within the
next week, so -- lot one. We had an issue with the Ada County Highway District and we
are still discussing with them on an entryway for lot -- between lots one and two, so
that's an ongoing issue that staff has covered it with the wording in the conditions.
De Weerd: Okay. Thank you. This is a public hearing. Is there anyone who would like
to provide testimony on this application? Seeing none, Council, do you have any further
questions for staff or applicant?
Bird: I have none, Mayor.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I move that we close the public hearing on Item 13.
Bird: Second.
De Weerd: I have a motion and a second to close the public hearing on Item 13. All
those in favor say aye. All ayes. Motion carves.
MOTION CARRIED: ALL AYES.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we approve SHP 09-001, with staff and applicant comments.
Rountree: Second.
Meridian City Council
May 26, 2009
Page 48 of 57
De Weerd: Okay. I have a motion and a second to approve Item 13. If there is no
discussion, Madam Clerk.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carves.
MOTION CARRIED: ALL AYES.
Item 14: Public Hearing: Amendments to the 2007 Community Development
Block Grant (CDBG) Action Plan:
De Weerd: Item 14 is a public hearing on amendments to the 2007 Community
Development Block Grant action plan. I'll tum this over to Caleb.
Hood: Madam Mayor, Members of the Council, Matt is out of town for today, so I will
cover this item for him. I'll try to be brief. I don't know if I can quite cover it as quick as
Anna covered that last one, but I will try.
De Weerd: Or as quick as Matt can. He talks very fast.
Bird: He talks fast. We can understand you.
Hood: And this item actually has been on your agenda before, so, again, I won't dive
into all the details. It is the close of the public comment and hearing period for the 2007
amendment to the CDBG action plan for 2007. Just a quick refresher. It's the money
left over from 2007 after the demolition of the blighted properties. There are three
projects that are on the -- the resolution that's before you this evening for approval. One
of them is the -- the Five Mile Creek pathway. The second one is Meridian Community
Center ADA upgrades. And the third one is public service projects such as The Catch
or the Backpack program and some of the other public service projects. So, again, this
marks the end of the scheduled public hearing period. Matt was able to put -- to
compile and send over to the clerk's office a list of the comments he had received as of
Friday. Those were in your packet for this evening's hearing. Hopefully you got a
chance to review them. There was a mixed bag, people for, people that were
somewhat neutral, but still had some concerns, primarily with noise, privacy, fencing,
safety, liability, theft, maintenance, security, vandalism, policing, dumping, and lighting.
I think I covered all the concerns mentioned in those 25 or so a-mails quickly. I do want
to make it a point that Matt did meet with the HOA's and every single properly owner
that directly abuts this potential pathway. He also sent out notices to everyone within
300 feet. He didn't make direct contact with every one of those people within 300 feet,
but certainly through the HOA and those meetings that he held he's made indirect
contact, again, with everybody within a substantial radius of this proposed -- the
pathway project specifically that's being considered this evening. I'm not aware of any
other comments coming in on those other two projects for the 2007 amendment. I don't
know if the clerk has received anything today and, like I said, Matt's out of down, so
Meridian City Council
May 26, 2009
Page 49 of 57
maybe when he gets back tomorrow if we see anything we will forward that onto the
clerk. But he mentioned that he hasn't received anything thus far. I do want to just
refresh you in this other aspect that the 45,000 dollars that is being requested is for
design only of this and the understanding with money being allocated to design is that
there is consent from a hundred percent of those property owners adjacent to them and
we can acquire the easements necessary to do that before we go too far down this
road. We need to make sure that we have got everybody on board and that all the
details are covered before we spend any money getting through anything more than just
a conceptual design, which is at this point pretty much all we had is just -- it will be on
this side and go from A to B. But this would authorize those funds, essentially, for us to
hire a contractor to design the project pending acquisition of those easements. And,
again, those -- those issues that I mentioned, we will involve all those property owners
to the extent -- most extent we can in that process to make sure those concems are
addressed the best we can in that process, too. So, we will certainly involve them in
making this a welcome addition to the neighborhood. So, if you have any comments, if
you have any other questions for me I would be more than willing to give it a shot
anyways.
De Weerd: Council, questions?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Caleb, is 45,000, is that going to cover the design and drawings?
Hood: Madam Mayor, Councilman Bird, that is my understanding that Matt has actually
met with some folks in Public Works. I don't know what that was, but they thought that it
would -- it's a little bit on the conservative end even to -- they estimate around 40,000
dollars I think is what Matt said. So, there is even a little bit of slush fund in that 45.
Bird: Okay. Thank you.
Canning: Madam Mayor?
De Weerd: You don't call it slush fund.
Bird: Contingency. Don't call it that, because they will spend it.
De Weerd: I just thought I'd correct you on that one. Anna.
Canning: Madam Mayor, I did want to address some of those safety concems. I just
wanted to let you know that Matt did meet with the police department and -- to address
the concems about the fence height and just security issues within the possible pathway
and the sentiment of Lieutenant Overton was that it's a de facto pathway right now and
by making it a formal pathway system he felt that the safety -- you know, the feeling of it
Meridian City Council
May 26, 2009
Page 50 of 57
being a public place and that there were eyes on you possibly or that there were other
people there would enhance the safety of the area, not detract from it. So, did want you
to know we have been working and discussing that with the police department.
De Weerd: Thank you.
Hoaglun: Madam Mayor, question for probably -- maybe for legal counsel more than
you, Anna, but are liability -- we create a pathway, there is no fencing, you know, like
the Bud Porter Pathway along the creek there and if there is an accident, what -- what's
the situation in terms of liability?
Nary: Madam Mayor, Members of the Council, Council Member Hoaglun, there is no
liability to the city. It's still covered under recreational use.
Hoaglun: Okay. Thank you.
Nary: And I would agree with Lieutenant Overton, they are already there and they are
already at whatever risk may exist at all already exists today. It's not putting a fence
doesn't increase that risk.
De Weerd: Thank you. Any further questions? Okay. Next step.
Bird: Madam Mayor?
De Weerd: Just a moment Mr. Bird.
Hood: You do have a resolution before you this evening, so if there aren't any changes
to the action plan I'd ask that you sign that this evening.
De Weerd: Okay. Thank you.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we close the public hearing on the amendments to the 2007 Community
Development Block Grant.
Rountree: Second.
De Weerd: I have a motion and a second to close on Item 14. All those in favor say
aye. All ayes.
MOTION CARRIED: ALL AYES.
Meridian City Council
May 26, 2009
Page 51 of 57
Item 15: Resolution No. Amendments to 2007 CDBG
Action Plan:
De Weerd: Item 15 is resolution number 09-667. I will ask for a motion to approve.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we have approve the -- wait a minute. I better read the title, hadn't we?
De Weerd: No.
Bird: Oh, this is a resolution. I'm song. Resolution 09-667, the amendments to the
2007 CDBG action plan.
Hoaglun: Second.
De Weerd: I have a motion and a second to approve Item 15. If there is no discussion,
Madam Clerk.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
MOTION CARRIED: ALL AYES.
Item 16: 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 Shopping
Center, Presidential Subdivision and Reagan Subdivision by the City
of Meridian -southeast comer of Eagle Road and Fairview Avenue:
De Weerd: Item 16 is an amendment to Ordinance 05-1201A. Would you like to read
this by title only.
Holman: Thank you, Madam Mayor. City of Meridian amended ordinance number 05-
1201A, an amended ordinance 05-1201 A, Crossroads Shopping Center, Presidential
Subdivision, Reagan Subdivision, for rezone of the zoning classification for real properly
located in the northwest one quarter of Section 9, Township 3 North, Range 1 East,
Meridian, Ada county, Idaho, as described in Attachment A of this ordinance and
rezoning certain lands and temtory situated in Ada county, Idaho, and within the
corporate limits of the City of Meridian and rezoning the land use zoning classification of
said from I-L, Industrial, to C-G, General Retail and Commercial, 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
May 26, 2009
Page 52 of 57
De Weerd: You have heard this read by title only. Is there anyone who would like to
hear it read in its entirety? Seeing none, Council, could I have a motion.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we approve ordinance number 05-1201 A, the amendment.
Rountree: Second.
De Weerd: I have a motion and a second to --
Bird: With suspension of rules. I'm sorry.
De Weerd: Second agrees? I have a motion and a second to approve Item 16 with
suspension of rules. Madam Clerk, will you call roll.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carves.
MOTION CARRIED: ALL AYES.
Item 17: Ordinance No. AZ 08-013 Request for
Annexation and Zoning of 32 separate tax parcels owned by 28 different
property owners consisting of a total of 55.6 acres that are currently
receiving city water and/or sewer service by City of Meridian -Implied
Consent -Broadway & Mullan Partnership:
Item 18: Ordinance No. AZ 08-013 Request for
Annexation and Zoning of 32 separate tax parcels owned by 28 different
property owners consisting of a total of 55.6 acres that are currently
receiving city water and/or sewer service by City of Meridian -Implied
Consent -Church of Jesus Christ of Latter Day Saints:
Item 19: Ordinance No. AZ 08-013 Request for
Annexation and Zoning of 32 separate tax parcels owned by 28 different
property owners consisting of a total of 55.6 acres that are currently
receiving city water and/or sewer service by City of Meridian -Implied
Consent -Kendall Doty:
Item 20: Ordinance No. AZ 08-013 Request for
Annexation and Zoning of 32 separate tax parcels owned by 28 different
property owners consisting of a total of 55.6 acres that are currently
Meridian City Council
May 26, 2009
Page 53 of 57
receiving city water and/or sewer service by City of Meridian -Implied
Consent - Eastbrook Subdivision:
Item 21: Ordinance No. AZ 08-013 Request for
Annexation and Zoning of 32 separate tax parcels owned by 28 different
property owners consisting of a total of 55.6 acres that are currently
receiving city water and/or sewer service by City of Meridian -Implied
Consent -Jose Farnot:
Item 22: Ordinance No. AZ 08-013 Request for
Annexation and Zoning of 32 separate tax parcels owned by 28 different
property owners consisting of a total of 55.6 acres that are currently
receiving city water and/or sewer service by City of Meridian -Implied
Consent -Presbytery of Idaho:
De Weerd: Now, this is the City Clerk show. I will ask her to read the titles on Items 17
through 22.
Bird: And would you use Matt's speed in speaking.
De Weerd: By title only, please.
Holman: Thank you. City of Meridian Ordinance No. 09-1404, an ordinance AZ 08-013,
implied consent, Broadway and Mullen Partnership for annexation of a parcel of land
located in the northeast one quarter of Section 13, Township 3 North, Range 1 West,
Boise Meridian, Ada county, Idaho, as described in Attachment A and annexing certain
lands and territory 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 RUT,
Ada County, to C-G, General Commercial District, in the Meridian City Code, providing
that copies of the 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.
Holman: City of Meridian Ordinance No. 09-1406, an ordinance AZ 08-013, implied
consent, Church of Jesus Christ of Latter-Day Saints for annexation of a parcel of land
located in the southeast one quarter of Section 31, Township 4 North, Range 1 East,
Boise Meridian, Ada county, Idaho, as described in Attachment A and annexing certain
lands and territory 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 RUT,
Ada county, to L-O, Limited Office 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
Meridian City Council
May 26, 2009
Page 54 of 57
summary of the ordinance and providing for a waiver of the reading rules and providing
an effective date.
Holman: City of Meridian Ordinance No. 09-1407, an ordinance AZ 08-013, implied
consent, Kendall Doty for annexation of a parcel of land located in the northwest one
quarter of Section 20, Township 3 North, Range 1 East, Boise Meridian, Ada county,
Idaho, as described in Attachment A and annexing certain lands and territory 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 RUT, Ada county, to R-4, Low Density
Residential Distinct, 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.
Holman: City of Meridian Ordinance No. 09-1408, an ordinance AZ 08-013, implied
consent, Eastbrook Subdivision for annexation of a parcel of land located in
Government Lot 4 of Section 6, Township 3 North, Range 1 East, Boise Meridian, Ada
county, Idaho, as described in Attachment A and annexing certain lands and territory
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 land from RUT, Ada county, to R-8, Medium
Density 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.
Holman: City of Meridian Ordinance No. 09-1409, an ordinance AZ 08-013, implied
consent, Jose Famot, for annexation of a parcel of land located in the southwest one
quarter of Section 32, Township 4 North, Range 1 East, Boise Meridian, Ada county,
Idaho, as described in Attachment A and annexing certain lands and territory 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 RUT, Ada county, to R-8, Medium Density
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
Holman: City of Meridian Ordinance No. 09-1410, an ordinance AZ 08-013, implied
consent, Presbytery of Idaho, for annexation of a parcel of land located in the northeast
one quarter of Section 1, Township 3 North, Range 1 West, Boise Meridian, and being a
part of Lot 3 of Block 1 of Strasser Farms Subdivision No. 2 as shown in Book 70 of
plats at page 7148 and also being a part of Parcel A as shown on property boundary
Meridian Ciry Council
May 26, 2009
Page 55 of 57
adjustment record of survey number 6141 in the office of the recorder, Ada county,
Idaho, as described in Attachment A and annexing certain lands and territory 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 land from RUT, Ada county, to L-O, Limited Office
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. Did you get
all that, Dean?
Nary: It's already written, he --
De Weerd: He can cut and paste on that. You just couldn't.
Holman: No.
De Weerd: You have heard these ordinances read by title. Is there anyone who would
like to hear them read in their entirety? Seeing none, Council, I would entertain a
motion on Item 17 through 22.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I move that we approve the ordinances as described and read for Items 17,
18, 19, 20, 21, and 22, with suspension of rules.
Bird: Second.
De Weerd: I have a motion and a second to approve Items 17 through 22. 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 carries.
MOTION CARRIED: ALL AYES.
Item 23: Executive Session per Idaho State Code 67-2345(1)(d) - (to consider
records that are exempt from disclosure as provided in chapter 3, title 9,
Idaho Code) & (b) - (to consider the evaluation, dismissal or disciplining
of, or to hear complaints or charges brought against, a public officer,
.employee, staff member or individual agent, or public school student):
De Weerd: Item 22, we have an Executive Session. I would entertain a motion.
Meridian City Council
May 26, 2009
Page 56 of 57
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we go into Executive Session as per Idaho State Code 67-2345(1)(b) and
(1)(d).
Rountree: Second.
De Weerd: I have a motion and a second to go into Executive Session. Madam Clerk,
will you, please, call roll.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
MOTION CARRIED: ALL AYES.
EXECUTIVE SESSION:
De Weerd: Okay. I'd entertain a motion to come out of Executive Session.
Rountree: So moved.
Bird: Second.
De Weerd: All those in favor say aye. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
De Weerd: Do I have a motion to adjourn?
Rountree: So moved.
Bird: Second.
De Weerd: All those in favor?
MOTION CARRIED: ALL AYES.
De Weerd: Thank you. We are adjourned.
MEETING ADJOURNED AT 11:28 P.M.
Meridian City Council
May 26, 2009
Page 57 of 57
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