HomeMy WebLinkAbout2000 09-05Meridian City Council Meeting September 5, 2000
The City Council meeting of the Meridian City Council was called to order by
Mayor Robert D. Corrie at 7:40 p.m. on Tuesday, September 5,2000.
Members present: Robert Corrie, Ron Anderson, Tammy deWeerd, Keith Bird
Members absent: Cherie McCandless.
Others present: Bill Nichols, Shari Stiles, Gary Smith, Ken Bowers, Tom Kuntz,
Bill Gordon, Dave Bowman, Will Berg
Corrie: Its 20 minutes to 8:00; I will open the meeting for September 5, 2000, and
Mr. Clerk, would you call roll, please. Welcome everybody here this evening. We
will probably go up till about – quarter till 10 so we can get out of here at 10.
deWeerd: I can leave at 10.
Corrie: Until about 10 o’clock. We have 20 public hearings tonight and I don’t
know whether will get them all done we’ve got one the Councilman that has to
leave by 10 o’clock. So we will get as far as we can and then we will date certain
the next meeting will be the 19
th
of September for the remaining ones we don’t
happen to get to tonight. But will kind of inform you of how we’re going in case
(inaudible) the testimony that is close to 10 o’clock you probably believe we’ll
have it the 19
th
.
Item A. Approve minutes of August 10, 2000, Special City Council
Meeting:
Item B. Approve minutes of August 22, 2000, Special City Council
Meeting:
Item C. Approve minutes of August 24, 2000, Special City Council
Meeting:
Item D. Tabled from July 5, 2000: Findings of Facts and Conclusions
of Law: CUP 99-039 Request for Conditional Use Permit for
planned unit development including continuing care retirement
community, single- and multi-family residential and office and retail
use by Touchmark Living Centers – Joseph A. Billig – east of
St. Luke's between Franklin Road and Interstate 84:
Item E. Tabled from September 5, 2000: Amended Findings of Facts
and Conclusions of Law: CUP 00-032 Request for Conditional
Use Permit for 6.36 acres for a proposed Park-and-Ride Lot for
Meridian City Council Meeting
September 5, 2000
Page 2
100 vehicles by Ada County Highway District currently in a C-G
zone – southwest corner of Meridian Road and northeast corner of
Overland Road:
Item F. Tabled from September 5, 2000: Findings of Facts and
Conclusions of Law: AZ 00-009 Request for annexation and
zoning of 101.4 acres from RT to R-4 for proposed Autumn Faire
Subdivision by Gem Star Properties, LLC – southwest corner of
Black Cat and Ustick Roads:
Item G. Tabled from September 5, 2000: Findings of Facts and
Conclusions of Law: PP 00-009 Request for Preliminary Plat
approval for 78.4 acres with 263 building lots and 12 other lots for
proposed Autumn Faire Subdivision by Gem Star Properties –
southwest corner of Black Cat and Ustick Roads:
Item H. Tabled from September 5, 2000: Findings of Facts and
Conclusions of Law: VAC 00-005 Request for vacation of the
alley intersecting East 1
st
between Pine Avenue and Idaho Street
on the east side currently in an OT zone for Generations Plaza by
Gary Benoit – East 1
st
and East Pine Avenue:
Item I. Findings of Facts and Conclusions of Law: AZ 00-016 Request
for annexation and zoning of 10.19 acres from RT to R-8 for
proposed Wilkins Ranch Village planned-unit development by
Steiner Development, LLC – south of Ustick Road and east of
Black Cat Road:
Item J. Findings of Facts and Conclusions of Law: PP 00-016 Request
for Preliminary Plat approval of 48 building lots with 1 existing home
and 5 other lots on 10.19 acres for proposed Wilkins Ranch
Village planned-unit development by Steiner Development, LLC –
south of Ustick Road and east of Black Cat Road:
Item K. Findings of Facts and Conclusions of Law: CUP 00-040
Request for Conditional Use Permit for proposed Wilkins Ranch
Village planned-unit development consisting of 48 single-family
lots ranging from 5,252 s.f. to 9,525 s.f. in a proposed R-8 zone by
Steiner Development – south of Ustick Road and east of Black Cat
Road:
Item L. Findings of Facts and Conclusions of Law: VAR 00-017
Request for variance from the maximum 1,000-foot block length for
Bear Creek Subdivision by Briggs Engineering – east of Stoddard
Lane and south of Overland Road:
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September 5, 2000
Page 3
Item M. Findings of Facts and Conclusions of Law: VAC 00-005
Request for vacation of public utilities, drainage and irrigation
easement along common lot line between Lots 22 and 23 of Block
10, The Lakes at Cherry Lane No. 6, by Ron Leslie:
Item N. Findings of Facts and Conclusions of Law: VAC 00-007
Request for vacation of public utilities, drainage and irrigation
easement along common lot line between Lots 35 and 36, Block 17
of Haven Cove Subdivision No. 9 by Glenn Blaser – east of Ten
Mile Road and north of Pine Avenue on Ebbtide Street:
Item O. Findings of Facts and Conclusions of Law: VAR 00-013
Request for a variance of the 1,000-foot maximum block length for
proposed Bridgetower Subdivision by Primeland Development
Co., LLP, in a proposed R-4 zone – north of Ustick Road and east
of Ten Mile Road:
Item P. Findings of Facts and Conclusions of Law: AZ 00-017 Request
for annexation and zoning of 52.90 acres from RT to R-4 by
Primeland Development Co., LLP, for proposed Bridgetower
Subdivision – north of Ustick Road and east of Ten Mile Road:
Item Q. Findings of Facts and Conclusions of Law: PP 00-017 Request
for Preliminary Plat approval for proposed Bridgetower
Subdivision with 106 building lots, 1 HOA recreation center, 1 park
lot and 19 common lots on 46.2 acres in a proposed R-4 zone by
Primeland Development Co., LLP – north of Ustick Road and east
of Ten Mile Road:
Item R. Findings of Facts and Conclusions of Law: CUP 00-043
Request for Conditional Use Permit to construct a planned-unit
development consisting of 106 building lots by Primeland
Development Co., LLP for proposed Bridgetower Subdivision –
north of Ustick Road and east of Ten Mile Road:
Item S. Development Agreement: Packard Acres Subdivision with
Packard Estates Development, LLC:
Item T. New Beer and Liquor License: Applebee’s Neighborhood Grill
& Bar by Restaurant Concepts II, LLC – 1460 North Eagle Road:
Item U. Resolution No. 336: For first addendum for franchise agreement
to perform solid waste collection for SSI to provide for the addition
of recycling program:
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September 5, 2000
Page 4
Item V. Resolution No. 337: To provide for the increase in rates and set
solid waste collection rates:
Corrie: Council you have the consent agenda in front of you any changes you
wish to make at this time?
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: Items D, which is Touchmark Findings of Fact, Item E, Park-and-Ride for
Ada County Highway District; Item F, which is the Findings of Fact for Autumn
Faire G, is the preliminary plat for Autumn Faire; and Item H would all like to be
continued or pulled until September 19, 2000. With that change I make a motion
that we approve the Consent Agenda as it stands.
Anderson: Second.
Corrie: Okay motion is made and second to approve the Consent Agenda with
deletion of Items D, E, F, G and H until September 19, 2000. Any further
discussion?
deWeerd: Mr. Mayor. Would those include the corrections that staff noted?
Bird: Yes. The staff noted corrections, I believe, it was J and K wasn’t it?
Corrie: Yes. It was J and K. Okay any further discussion? I’m hearing none. All
those in favor the motion – no let’s roll-call vote please.
Roll-call: deWeerd, aye; McCandless, absent; Anderson, aye; Bird, aye
MOTION CARRIED: THREE AYES, ONE ABSENT.
Item 2. Ordinance No. 883: Excretion of Human Waste:
Corrie: Motion for the Consent Agenda is approved. Now for the regular agenda
number items from the Consent Agenda so we’ll go to Item No. 2, which is an
Ordinance Excretion of Human Waste. Ordinance No. 883 Mr. Berg if you will
read Ordinance No. 883 by title only please.
Berg: Thank you Mr. Mayor Ordinance No. 883 an Ordinance of the City of
Meridian enacting new Section of Chapter three Title six of the Meridian City
Code; relating to the excretion of the human waste; providing for the protection of
the public health; providing for definitions; and providing an effective date.
Meridian City Council Meeting
September 5, 2000
Page 5
Corrie: Okay we heard the reading of Ordinance No. 883 by title only is there
anyone in the audience who would like to have Ordinance No. 883 read in its
entirety? Council your recommendation on Ordinance No. 883?
Anderson: Mr. Mayor.
Corrie: Mr. Anderson.
Anderson: I make a motion that we approve Ordinance No. 883 under
suspension of the rules.
Bird: Second.
Corrie: Motion to approve Ordinance No. 883 with suspension rules, any further
discussion? I hear none. Roll- call vote Mr. Clerk.
Roll-call: deWeerd, aye; Anderson, aye; Bird, aye; McCandless, absent
MOTION CARRIED: THREE AYES, ONE ABSENT.
Item 3 . Ordinance No. 884: Concealed Weapons Ordinance:
Corrie: Item No. 3, Ordinance No. 884 is a Concealed Weapons Ordinance. Mr.
Berg, if you will read Ordinance No. 884 Concealed Weapons Ordinance by title
only.
Berg: Thank you Mr. Mayor members of the Council. Ordinance No. 884: An
Ordinance of the City of Meridian amending Chapter 3 of Title 6 Meridian City
Code by additions thereto of new Section 6-3-9, 6-3-10 and 6-3-11; to provide for
definitions; to declare it unlawful to carry a concealed weapon; to provide that it is
unlawful to discharge a weapon; and providing for an effective date.
Corrie: You have heard the reading of Ordinance No. 884 by title only. Is there
anyone in the audience who would like to have Ordinance No. 884 read in its
entirety? Hearing none, Council?
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: I move that we pass Ordinance No. 884 with the suspension of rules.
deWeerd: Second.
Meridian City Council Meeting
September 5, 2000
Page 6
Corrie: Motion made and second to approve Ordinance No. 884 Concealed
Weapons Ordinance with suspension of rules. Any further discussion? None Mr.
Clerk roll-call vote please.
Roll-call: Bird, aye; Anderson, aye; deWeerd, aye; McCandless, absent
MOTION CARRIED: THREE AYES, ONE ABSENT.
Item 4. Ordinance No. 885: Code Enforcement Department:
Corrie: Item No. 4 is Ordinance No. 885, Code Enforcement Department. Mr.
Clerk if you will read Ordinance No. 885, Code Enforcement Department, by title
only please.
Berg: Thank you, Mr. Mayor Ordinance No. 885 an Ordinance of the City of
Meridian amending Chapter 1 of Title 6 Meridian City Code by the addition
thereto of a new Section 6 providing for a division within the Police Department to
be designated as the code enforcement division; providing for its duties and
responsibilities; and providing an effective date.
Corrie: You have heard the reading of Ordinance No. 885 Code Enforcement
Department Ordinance is there anyone is the audience who would like that
Ordinance read in its entirety? I hear none, Council, would you like to make a
motion on Ordinance No. 885.
deWeerd: Mr. Mayor.
Corrie: Mrs. deWeerd
deWeerd: I move that we approve Ordinance No. 885 Code Enforcement
Department with suspension of rules.
Bird: Second.
Corrie: Okay motion been made to approve Ordinance No. 885 with suspension
of rules Code Enforcement Department. Any further discussion? Roll-call vote
please.
Roll-call: deWeerd, aye; McCandless, absent; Anderson, aye; Bird, aye
MOTION CARRIED: THREE AYES, ONE ABSENT.
Item 5. Ordinance No. 886: Noise from 100 feet to 50 feet:
Corrie: Ordinance No. 886 Noise from 100 feet to 50 feet. Mr. Clerk if you will
read Ordinance No. 886 by title only.
Meridian City Council Meeting
September 5, 2000
Page 7
Berg: Thank you Mr. Mayor members of the Council Ordinance No. 886 an
Ordinance of the City of Meridian amending Section 6, Chapter 3 of Title 6,
Meridian City Code by providing for a change in the distance stated therein from
100 feet to 50 feet; and providing for additional language to noises creating
public disturbance; and providing for an effective date.
Corrie: you have heard the reading of Ordinance No. 886 Noise from 100 feet to
50 feet is there anyone from the public who would like the Ordinance read in its
entirety? I hear none, Council?
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: I move we adopt Ordinance No. 886 Noise from 100 feet to 50 feet with
suspension of rules.
Anderson: Second.
Corrie: Motion made and second to approve Ordinance No. 886 Noise from 100
feet to 50 feet, any further discussion? I hear none. Mr. Clerk Roll-call vote
please.
Roll-call: deWeerd, aye; McCandless, absent; Anderson, aye; Bird, aye
MOTION CARRIED: THREE AYES, ONE ABSENT.
Item 6. Ordinance No. 887: Amending the 1999 / 2000 Fiscal Year
Budget:
Corrie: Item No. 6 Ordinance No. 887 Amending the 1999 / 2000 Fiscal Year
Budget Mr. Clerk if you will read the title of the Ordinance please.
Berg: Thank you Mr. Mayor members of the Council Ordinance No. 887 an
Ordinance of the City of Meridian, Idaho amending Ordinance No. 841 the
appropriation Ordinance for the Fiscal year beginning October 1, 1999, and
ending September 30, 2000. Appropriating additional monies that are to be
received by the City of Meridian, Idaho in the sum of $350,000 and providing an
effective date.
Corrie: Is there anyone in the audience who would like Ordinance No. 887 read
in its entirety? I hear none; I’ll entertain a motion from the Council.
deWeerd: Mr. Mayor.
Meridian City Council Meeting
September 5, 2000
Page 8
Corrie: Mrs. deWeerd.
deWeerd: I move that we approve Ordinance No. 887 Amending the 1999 / 2000
Fiscal Year Budget with suspension of rules.
Bird: Second.
Corrie: Motion has been made and second to approve Ordinance No. 887
Amending the Fiscal Budget 1999 / 2000, any discussion? Hearing None Mr.
Clerk roll-call vote please.
Roll-call: deWeerd, aye; McCandless, absent; Anderson, aye; Bird, aye
MOTION CARRIED: THREE AYES, ONE ABSENT.
Item 7. Ordinance No. 888: Annual Appropriation for the 2000 / 2001
Fiscal Year Budget:
Corrie: Ordinance No. 888 is the Annual Appropriation for the 2000 / 2001 Fiscal
Year Budget Mr. Clerk if you will read the Ordinance by title please.
Berg: Thank you Mr. Mayor, members of the Council. Ordinance No. 888: An
Ordinance providing for a title; providing for findings; providing for the adoption of
a budget and the appropriation of expenditure of sums of money to defray the
necessary expenses and liabilities of the City of Meridian, in accordance with the
object and purpose and in the certain amounts herein specified for the Fiscal
Year beginning October 1, 2000, and ending on September 30, 2001; and
providing for an effective date and the filing of a certified copy of this Ordinance
with the Secretary of State.
Corrie: Is there anyone in the audience that would like to have Ordinance No.
888 read in its entirety.
Unidentified: I would.
(Ordinance read in its entirety)
Corrie: Okay that closes the reading of Ordinance No. 888. Do we have a motion
from the Council to approve Ordinance No. 888 with suspension of rules?
Anderson: Mr. Mayor.
Corrie: Mr. Anderson.
Anderson: I would make a motion to approve Ordinance No. 888 the Annual
Appropriation for the 2000 / 2001 Fiscal Year Budget with suspension of rules.
Meridian City Council Meeting
September 5, 2000
Page 9
Bird: Second.
Corrie: Motion has been made and second to approve Ordinance No. 888 with
suspension of rules any further discussion?
deWeerd: Mr. Mayor.
Corrie: Mrs. deWeerd.
deWeerd: I recognize a couple of faces out here that were here at the meeting
last week. I have since received a couple of phone calls and one letter. I think
that we might not have done a very good job explaining ourselves and I would
like to see communication become a higher priority in our city and how we get
information out. Although I would commend Councilman Anderson he did a great
presentation on the Budget and was very informative. I think it does need to be
noted or underscored a couple of things we’re very committed to. One of those
would be when the salary survey gets delivered and the Mayor anticipates it
tomorrow. We will be taking a close look at that and the grade level of salary
scale that we’re looking at and similar to the adjustments that we made this year
in the 99/00, those were do to salary adjustments in the Police Department.
Those would be again considered next year for any adjustments that we need to
do. We need to wrap up our Budget so we don’t have the luxury of waiting for this
-- survey results before we can get these final numbers approved. We are
committed to implementing the scale changes and adjusting the Budget
accordingly. With that said I have heard several different remarks I would just like
to take a minute to clarify those. This years Budget as I understand it from
Captain Musser includes 13 replacement vests as well as 10 new vests for
reserve officers as well as their clothing. The Chief and the Mayor will be working
and looking at the operational and personnel issues in the PD, the Mayor I don’t
know if he spoke with the Chief yet but they will be addressing some of the
issues that have come up in the recent discussions. One other thing as far as the
parks capital improvements one point two million dollars is being used in park
impact fees to improve or begin development at some of our parks. When this
impact fee was developed and agreed upon by the builders of this community,
which help put this through the commitment was made by the city to match those
funds. It is not allowed in the State of Idaho that new fees or impact fees pay the
way for any development. The city is matching or committing eight hundred
thousand dollars from their reserve fund, which is a one time only expense fund it
is not a generated a continually generated fund to match these impact fees.
Without us matching these funds the developers could come and pull impact fee,
which we desperately need to build parks. I should have mentioned that last
week when several people actually addressed its not parks verses any other
department. Parks is not taking away from that. That’s all I have to say.
Anderson: Mr. Mayor.
Meridian City Council Meeting
September 5, 2000
Page 10
Corrie: Mr. Anderson.
Anderson: I appreciate Tammy’s comments, and I agree whole-heartedly those.
Just a couple of comments I would like to make that this year was a particularly
difficult year in the budgeting process and we have heard a lot of input from the
public. I think our Police Department went out and they rallied a lot of support for
the Police Department and I commend them for doing that. By the same token I
think there was a lot of support that was shown for parks in Meridian and I think it
has been well established by having something for our youth to do that we can
prevent them from getting into a lot of trouble. I think it was well pointed out also
that its not just one department within in the city that is really deficient and when I
say deficient I’m talking about were probably not where we should be. We need
to have more officers, we need to have better salaries, and we need to have
more facilities. But its not just in the Police Department I think when you look at
any one of our departments if you look at national averages for example and you
look at park space and open space Meridian is well behind the national average.
If you look at the fire service we’re not even close to matching the per capita
numbers of firefighters. Same as in police we’re not even close on their salaries. I
think what this community really needs to learn from this is that we need to pull
together and work towards a common cause and see what we can do to increase
our funding for the city. So we can build all these departments to what they
should be, and not pit department against department where we’re arguing this
department is getting money that could be going to this department because
that’s not the answer. We have several departments that are lacking and we
need to be working together to bring those all up to what they should be. It’s not
this Councils intention to take all the funds that are available and give to one
department I think that would be irresponsible. We have put a lot of thought into
this years Budget and we’ve tried to divide that money out as fairly and as
equitably as we can and again funds are not what they ought to be. We tried to
make what we felt was a fair decision. We’ve tried to listen to the comments from
the community, from the officers and people interested in the parks and do the
best that we can with what we have had to work with those are my comments.
Corrie: Anything else? Mr. Clerk would you call roll, please.
Roll-call: deWeerd, aye; McCandless, absent; Anderson, aye; Bird, aye
MOTION CARRIED: THREE AYES, ONE ABSENT.
Item 8. Ordinance No. 889: Ordinance establishing the Recycling
Program:
Corrie: Ordinance No. 889 an Ordinance to establish a recycling program. Mr.
Clerk, if you’ll read the Ordinance by title only, please.
Meridian City Council Meeting
September 5, 2000
Page 11
Berg: Thank you Mr. Mayor members of the Council Ordinance No. 889 an
Ordinance of the city Council of the City of Meridian setting forth certain findings
and for purposes authorize the Mayor and the City Clerk to enter into on behalf of
city municipality of first amendment to the franchise agreement to perform solid
waste collections and disposal services for Sanitary Service, Inc. to provide for
an additional addition of a recycling program and amending provisions
referencing CPI index with Sanitary Service, Inc. to provide for the addition of a
recyclable program and rate within the City of Meridian dated the fifth day of
September, 2000 by and between the City of Meridian and Sanitary Service, Inc,
and Idaho Corporation.
Corrie: Okay you have heard the reading of the –
Nichols: Mr. Mayor I think there’s been a – that’s the resolution with regard to the
amendment. The actual Ordinance, which has been furnished to you prior to the
time, the resolution was furnished to you reads differently. With permission Mr.
Mayor I would read the title to that Ordinance if you may. An Ordinance of the
City of Meridian, Idaho amending Section 101 of Chapter 1 of Title 4 of the
Meridian City Code to provide for the addition of a new definition to be known as
recyclable materials entering number the remaining definitions thereafter and to
provide for the addition of a new Subsection C of Section 103 to provide for the
separation and recycling of materials for collection, and providing an effective
date.
Corrie: Is they’re anyone in the audience who would like to have Ordinance No.
889 read in its entirety? Council I will entertain a motion.
Bird: Mr. Mayor.
Corrie: Mr. bird.
Bird: I move that we pass Ordinance No. 889, Establishing a Recycling program
with suspension of rules.
Anderson: Second.
Corrie: Motion has been made and second to approve Ordinance No. 889
Establishing a Recycling program, City of Meridian, any further discussion of
Council? I hear none Mr. Berg if you would roll-call vote.
Roll-call: Bird, aye; Anderson, aye; deWeerd, aye; McCandless, absent
MOTION CARRIED: THREE AYES, ONE ABSENT.
Item 9. Request by Bolo’s Pub and Eatery to discuss issues pertaining to
the Meridian Police Department practices and policies, i.e.: sting
Meridian City Council Meeting
September 5, 2000
Page 12
operations, violation notification, communication and discovery
procedures:
Corrie: Item No. 9 this is a request by Bolo’s Pub and Eatery to discuss issues
pertaining to the Meridian Police Department practices and policies, i.e.: Sting
operations, violation notification, communication and discovery procedures.
Bolicek: Thank you Mr. mayor and City Council members. My name is Brad
Bolicek I live in Boise, Idaho however my business is in Meridian. I am here
tonight to bring a couple of issues to your attention so hopefully things don’t
happen again and there is changes brought down by the City Council and the
Mayor’s office to assure these things wont happen again. May of last year the
15
th
of May the Meridian Police Department did a sting a sting operation targeting
several business’s throughout Meridian to see the adherence of the alcohol
beverage control laws basically to see if the business will sell to a minor. They
targeted us and at nine-forty p.m. they came into our establishment and when I
say they it was an officer of the department and an undercover agent who I
believe one of your ride-a-long explorers. Both the officer and the explorer went
they ordered a couple of food items and a couple of beers the officer ordered a
beer as well as the undercover agent said yeah I will have one of those as well.
They were they for 41 minutes doing this sting and a single receipt was used and
it was paid by – I’m not sure if it was paid by the officer or the undercover agent. I
should say we have two issues here today the policies and procedures of that
night and subsequently the communication and the lack of cooperation of the
department with our attorneys and turning over discovery and witness’s. Mr. Bird
asked me a question sometime -- I talked with him sometime ago and his
question was what did the officer -- pay or was it separate receipts and I can
show you here it was one. At his time I would like to say that talking to the bill
chief of the ABC Alcohol Beverage Control for the State of Idaho this district here
as well as Victor Ramirez I believe it was who is the Deputy Attorney General for
the State of Idaho both said in all their years they’ve never ever seen the officer
go in with the undercover agent. That they would only send in the undercover
agent at that time. They would try to purchase the alcohol, immediately go
outside and present the evidence, the receipt to the officer they would
immediately go in and cite the server and the manager or owner at that time. We
found out on 6/2, which was two weeks later in the Statesman that’s how we
found out this operation took place. There was an article listing a sting operation
that night. I called and spoke to the reporter and they just got it off of the sheets
that are printed out by the Police Department. I called MPD Chief Gordon on
June 3
rd
and he had no information and no records. He checked and I talked with
him a little bit later that day he told me he couldn’t tell me who the server was or
any facts about the case because the officer who was involved in this case was
on vacation for 30 days and they couldn’t find the records. I spoke to also to
Captain Dave Bowman for information and I was told by him they were
attempting to get the information they would let me know as soon as possible. On
Meridian City Council Meeting
September 5, 2000
Page 13
June 11
th
, 27 days after the alleged violation our server Jen Llewellyn, they called
me and said that’s who it was, and they want to cite her and if she was working
that night she happened to be working that night and they wanted to come down
I told them I would send her down to the department. We weren’t cited for 74
days on July 28
th
so instead of at the moment it was 74 days before we were
cited. Actually when we were cited it wasn’t given to me or any of our mangers it
was just given to a server. At 7:29 the next day I spoke to Lonnie Gray the
bureau chief of ABC to discuss it and I also spoke to him three days later to
discuss it. He said that we can request a hearing and we can also request a fine
in lieu of suspension. We were notified of a hearing in November the hearing
date was set 11-15-99 we met with our attorney and reviewed the information. At
that time we only the information had and the only information we have to this
date is basically the police report, a copy of the citation and a copy of that receipt
right there. Our attorney was also given an audio tape of the sting but it was only
a few minutes long even though they were there for forty-one minutes. Later on
this year we met with Victor Ramirez in the Ag’s office and also Lonnie Gray the
bureau chief. Lonnie gray told me they are constantly updating their procedures
and policies according to every other state in the country. They look at the
federal level and every state level to make sure that the State of Idaho has the
same policies and procedures in this country. As I said they would normally go in
with only the undercover agent they would go back out and cite the owner. After
this we tried to get my attorney tried to get some information from the Police
Department. My attorney wrote a letter on twelve eight of ninety nine directed to
Chief Gordon requesting some information because we wanted to, A, get a
interview with the officer; and B, get an interview with the undercover agent, at
least a picture of the agent. Our original hearing date was November 15
th
if we
would have had that information at that time we could have made a decision, do
we want to proceed and fight this or not. Unfortunately we’ve no new information
from the last 17 months than we did 17 months ago up to this date. Chief Gordon
was contacted on twelve eight by our attorney’s with a letter they were also
called several times in January, Chief Gordon. There was also a letter sent the
17
th
of January to Chief Gordon another letter to Chief Gordon on February 8
th
.
None of those requests were answered in letterform or telephone to my attorney.
So there was a complete lack of cooperation at that point. Between the last 17
months our attorney bills we up to twenty-two hundred dollars. And basically all
they are is a stack of letters to the AG’s office, to Lonnie Gray’s office and to
Chief Gordon’s office because we were not able to get any information. If we
were given the information we wanted back in November I wouldn’t be here
tonight doing this we would have dealt with it and been done with this last
December at the hearing date. Unfortunately the department has given us no
cooperation what-so-ever from day one. Basically there are two issues here, the
way they handle the case up front; and they way they have handled since then.
In my eyes its totally unconstitutional the way the attacked us and target us
without any surveillance prior to that night. The officer going in basically
committed a crime knowing that a minor he was with, in his presence ordered an
alcoholic beverage. And then the receipt was paid as I said earlier I don’t know if
Meridian City Council Meeting
September 5, 2000
Page 14
he paid for it or if the minor paid for it but either way its wrong. If the officer paid
for it he knowingly bought beer for a minor if the minor paid for it the officer
knowingly let the minor by him a beer. This is totally and completely unethical
and it’s totally out of state policy. We finally met with Lonnie Gray the Deputy
Chief (inaudible) and we had to pay a fine on top of our attorney fees without
admitting guilt. (Inaudible) shock of the way this thing was handled it was told to
us at that time if we get proper satisfactory results from tonight and City Council
they would refund it they are not even going to cash our check until they find out
what happens here. Basically what I am here tonight for is to let you know and to
see what the City Council can do to make sure this never ever happens not just
to me but to anybody. It’s not a matter of guilt or innocence that’s between the
State of Idaho and us. Unfortunately like I said if we would have had the
information back when we wanted and back when we first requested it in
November of last year nine months ago we wouldn’t be here. We would have
gone to the hearing and it would have been done instead we went through nine
months of a paper trail back and forth to Mr. Gordon’s office and my attorney was
paid and I got nothing out of it and we’re here tonight. That’s all.
Corrie: Thank you. Mr. Anderson.
Anderson: I have one question, have you been in contact at all with the Mayor’s
office concerning this matter?
Bolicek: No we have not. Known procedure we shouldn’t have one other thing I
did leave out talking to the AG’s office that day and also other police agencies
they have all concur with this policy. Also at the very leas they would give a
photograph of the under cover agent as evidence. I f they don’t want us to meet
the undercover agent that’s but they all in all normal cases will turn over a
photograph to let the defendant if you want to say in this case see what they are
going up against they would not cooperate at all. My attorney’s handling once we
give it to the attorney I can’t get anything from the department myself all the
discovery I signed that over to them. That’s why we’re here tonight our attorney
shouldn’t have to go the Mayor to get some discovery and witness statements
and talk to a witness from the department that’s not the channel of policy to go to
get some information. In a normal case you call up or you write a letter and say
we want this information and its provided. I’m sure the Mayor Mr. Corrie wouldn’t
appreciate every time there is a defendant in the City of Meridian he had to get a
phone call.
Corrie: I have a question for you, is this the first time?
Bolicek: Yes it is.
Corrie: This is first time?
Bolicek: It is this first time.
Meridian City Council Meeting
September 5, 2000
Page 15
Corrie: This is the first time you have been caught.
Bolicek: Yes it is Mr. Mayor. I even have a letter from the State of Idaho saying
that.
Corrie: Okay, anything Else?
Bird: I have no questions right now.
Corrie: I think Captain Bowman.
Bowman: Yes sir.
Corrie: Do you have any thing you want to say about this one?
Bowman: In reviewing Mr. Bolicek’s chronological list of events the one thing I
can comment on with personal knowledge is the one dated on June 10
th
1999,
which states that he called MPD Captain Dave Bowman, which is myself for
information. He states he was told they were attempting to put together
information. The very next day by his own chronological events here that he
received his information. That I can with certainty that when he called me he got
what he asked for. One of the things I would also like to comment on was his
effort to identify this particular police agent. In my years in law enforcement we
have never ever readily identified police agents in undercover operations. I might
add in this particular case this agent was a minor a young person so we would
double our efforts and resist anybody’s attempt to identify our agents until a
proper hearing was called. As to Mr. Bolicek’s efforts to interview our officers
before a hearing is called by his attorney again our officers are not required to be
interviewed by an attorney except in a legal proceeding called by a judge. The
one matter at hand here dated June excuse me May 15
th
is one of a series of
events that occurred at Bolo’s. Mr. Bolicek was issued a warning prior to this
approximately two years I believe for this very same offense. As to his comments
regarding a state policy I’ve never seen such state policy so I cannot comment as
to what he is referring to. However Mr. Lonnie Gray is present in the audience
and he might be able to elaborate on what Mr. Bolicek is referring to. One other
comment I have the word target was used several times. We did not target any
one establishment these particular operations were covered throughout the city
and any establishment that served alcohol was investigated.
Corrie: Does Council have any other questions?
Bowman: Mr. Mayor.
Corrie: Mr. Bowman.
Meridian City Council Meeting
September 5, 2000
Page 16
Bowman: Mr. Gray is out here. Could we hear from him?
Gray: Mr. Mayor and members of the Council, my name is Lonnie Gray. I am the
Bureau Chief for Alcohol Beverage Control. Exactly what would you like to hear?
Bird: Mr. Bolicek had stated some things that you had stated that you have never
seen it done this way as I recall.
Gray: I believe that’s not quite correct what he said is that I would never send an
officer in with a minor. And that’s a policy that Chief Gordon does we don’t. We
send the minor in first and if need be we send the officer in. 90-percent of the
time the officer will follow the minor into the establishment, will not make contact
with the minor while he is there but will observe what's going on. At that time if
there is a sale made we take of business outside of the establishment and then
go back in and issue the citation.
Bird: Who usually purchases when the State puts a sting on?
Gray: Minor.
Bird: The minor does purchase? If the officer purchases, does it make any
difference?
Gray: None. If the officer purchases, they haven’t sold to a minor; however, if the
officer purchases and a minor consumes them, we still write a ticket.
Bird: That’s all I have thank you.
Corrie: Bill.
Gordon: Mr. Gray you heard Mr. Bolicek say there some. Has there been any
comment issued by your office if this Council does something the check will not
be cashed with regard to the penalty that was paid in connection with the
administrative proceeding.
Gray: I recall that and I apologize –
**** End of Side One ****
Gray: -- right that we would refund his money if charges were dropped or if the
City decided not to pursue it. If we intimated we would hold the check we can’t do
that anytime the state receives money it has to be receipted we have to deposit it
so I’m not sure. We have on one occasion up north where an operation was
conducted and the charges were later dismissed that we refunded the owner of
the bar his money.
Meridian City Council Meeting
September 5, 2000
Page 17
Bird: Mr. Gray I have another question to ask you regarding – the thing that
concerns me is the time from five fifteen to -- 2000 and we don’t get anything
taken care of. That concerns me it shouldn’t take that long. he should have been
– they did it on five fifteen how soon should they serve the notice and stuff? Are
we required to serve the notice or does he read about it in the Statesman?
Gray: If a police agency is going to do a sting operation throughout the city, if I
were going to do a sting operation throughout the whole I was going to hit every
bar I wouldn’t issue a citation until I was finished. That is there is only one reason
for that and that is word of mouth. Probably everyone knows bar owners are very
tight nit group as soon as one gets hit they call them all. Maybe that’s the way we
should live we don’t live that way. When we do a sting we wait typically until the
next day because we try to do only a few – I don’t have the resources to do a
whole city I can only do four or five bars a night. We will issue by the next day. I
don’t believe there is any legal precedent to issuing citations immediately. I’m not
sure about that I’m not an attorney Mr. Nichols maybe could answer that
question. To pursue that further once the citation is issued by the city we are
typically notified with a copy of the ticket a week, two weeks, three weeks later
and then we have to prepare our package lets call it. What we do is an
administrative violation notice it’s not criminal. A written citation from a police
officer is criminal. The criminal citation was written to the bartender we write an
administrative notice to the licensee through an employee they violated alcohol
code. Its an administrative process not a criminal procedure. Therefor the rules
are much different even as far as the rules of evidence. Preponderance of proof
is not near as great and heard its heard before an administrative hearing officer
not a judge it’s a rather relaxed atmosphere its not the court room atmosphere its
totally different.
Corrie: Mr. Gray I have a question. Do you make them all pay the fine or do you
suspend them or is it just they pay their way out of it after they –
Gray: Typically the first offense Mr. Mayor is a fine we threaten if you will with a
10-day suspension. If it’s a first time offense the licensee appears to have a
training program in place for the employees and they show evidence of having
meetings to reinforce training we will allow them to pay a fine rather than a
suspension. Most licensees have training programs in place those that don’t and
don’t provide their employees with some sort of assistance in identifying
customers we will typically suspend them rather than allow them to pay a fine.
deWeerd: Mr. Mayor.
Corrie: Mrs. deWeerd.
deWeerd: The penalty is your decision or is it influenced by the various police
departments?
Meridian City Council Meeting
September 5, 2000
Page 18
Gray: Decision for what?
deWeerd: On fines.
Gray: On the fines?
deWeerd: Yes.
Gray: It is only based on what is happening at that establishment not what
happens at some other establishment. We have a baseline that if they are
training their employees if they are holding meetings and reinforcing the no sale
of alcohol to minors policy. If they can show us proof of that then we will allow
them to ask for a fine most establishments do there are some that don’t. those
that don’t serve suspensions.
Bird: You establish the fine the police departments don’t?
Gray: Correct. It’s a state operation at that point. The director of the LOP
Department well the Idaho State Police now and he delegates that authority to
me.
Bird: I’ll ask you a loaded question and you don’t have to answer but why so long
on something – on this? Do you have any ideas?
Gray: This particular case appeared to have some contention between the
attorneys. Mr. Piska (sic) was the attorney for Mr. Bolicek. Our attorney was Mr.
Mamura (sic), and it appeared there was a lot of haggling and wrangling going
on. Number one, for availability dates; number two, on the issue Mr. Bolicek
enumerated on availability of evidence. Once – as Mr. Bolicek advised you of
once it gets to the attorneys I can’t talk to him he can’t talk to me. It’s the
attorneys talking to each other. It just seemed to back and forth, back and forth,
back and forth from what I know about it.
Bird: Mr. Gray it surely isn’t a practice to give pictures of underage agents is it?
Gray: No not if they are minors.
Bird: That’s what I thought --
Gray: Even if you talk about any undercover agent regardless of what they do
that has been I believe protected by the courts. Just to protect the individual. And
we make it a routine to take pictures of our CI’s and if a court rules that they can
have those all be it they can have them. Our purpose is to show that a CI was in
fact a young and not a 19 year old with a full beard and looked 38 or whatever.
deWeerd: So those pictures are available to the judges –
Meridian City Council Meeting
September 5, 2000
Page 19
gray: The judges the court rules that we have to divulge those then we do.
Typically courts won’t do that.
deWeerd: do you have state guidelines as far as how to operate stings?
Gray: How we operate.
deWeerd: How you operate but that would not influence local jurisdictions.
Gray: Not in the least. We are there to assist them if they wish most jurisdictions
run completely adequate stings. This is – depends on whom you are talking to –
say this is an adequate one. Personally I wouldn’t send an officer in Mr. Gordon
chooses to do so.
deWeerd: Thank you.
Corrie: That’s a department procedure?
Gray: Yes that’s a department procedure. And there is good on both sides of
those number one, if you send the officer in the minor has protection if you don’t
he’s wired we always have them wired.
Corrie: Okay any other questions?
deWeerd: Mr. Mayor.
Corrie: Mrs. deWeerd.
deWeerd: One for Captain Bowman. Is this a normal time frame Captain
Bowman for notifying the establishment of a violation? Mr. Gray had mentioned
that if you’re doing something that night for a number of bars that its not common
to cite them then but generally the follow up is the next day. It looks like there is
quite a time frame here.
Bowman: Not necessarily Councilwoman deWeerd this was a tremendous
undertaking. We did all of the establishments within the City limits so it was not
just on one night I think it was occurring over several nights. Part of this problem
also the officer who was in charge of the investigation had a death in the family
and had to leave the country. In fact he had to go to England. So we did have
that problem there but overall a sting operation or an undercover operation may
take days or weeks to complete. Then the paperwork starts and there again that
involves a certain amount of time. The fact that he wasn’t immediately notified
doesn’t take away from the fact that alcohol was served to a minor. Our agents
were told that whenever they went in to any establishment the minute they
asked for identification they were to get up and leave. they were not to sit there
Meridian City Council Meeting
September 5, 2000
Page 20
and haggle or try to flimflam there way into buying alcohol. They were to get up
and leave and go onto the next target or onto the next establishment on the list
that particular night.
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: If I could get Mr. Bolicek and ask him one question. Did the waitress that
was cited did she plead guilty?
Bolicek: She plead not guilty at first and then when we went to court she plead
guilty because it was a ticket basically. They reduced it to a minimal ticket if she
would have fought it she couldn’t afford it. Like I said we already spent $2200.00
and we set foot in a hearing room yet. She did. Her guilt or innocence in the
States eyes doesn’t have an impact on us that per ABC.
deWeerd: Mr. Mayor.
Corrie: Mrs. deWeerd.
deWeerd: Could I make a suggestion that Mr. Bolicek work with you and examine
the procedures on this. I understand that some things are not anticipated and
that there were other circumstances. But I absolutely hate to read things in the
paper about myself that I am not aware of. Notification needs to get out to our
business owners so that at least -- We should be the one telling them rather than
reading it in the paper. Nothing against the Statesman. I think I saw Kendra
here, but I hate reading things in the paper first. I like to get it from the source.
So if the Mayor works on the operational and day-today things that if we could
find some resolution to this and explain to our bars and restaurant owners what
the – the permits – what the procedure is. Then if you understand the procedure,
this probably could save a lot of this.
Bolicek: And if I could – One thing Mr. Gray said is – and Captain Bowman as
well is that it’s not a policy to give information about the undercover agent – not
until court. Well, we don’t go to court. We go to Administrative Hearing. So in
our case, we would have to go to the hearing first. What my attorneys are trying
to do is to avoid having to go to a hearing. They told me. Without seeing – either
interviewing the officer and undercover agent or seeing a photograph of him,
there’s no way that we’ll win the hearing. There’s no way, because we don’t
have any evidence to review anything. We don’t. So we would then have to go
to court. Once we go to court, then we do that. To do that, that’s when it starts
spending more money from me and we were trying to stop it and get this thing
done quickly. Whether we pled innocent or guilty in the hearing in November,
that’s what we wanted to do. But we didn’t have the information in front of us to
evaluate. If we had that information in front of us nine months ago or ten months
Meridian City Council Meeting
September 5, 2000
Page 21
ago – Like I said, we wouldn’t be here right now wasting our time doing this.
And I wouldn’t have spent $2200. Or maybe I would’ve but it would’ve been
maybe in court fighting actually – paying my attorneys to fight something for me
rather than pay them to correspond between different and government agencies.
There’s a problem there. If we’re going to have to go to a hearing first, where we
can’t get all our information until we go to court, this is blow off the hearing and
go straight to court. That’s not a City problem. It’s a State problem. But you can
see where our hands are tied because we can’t get – We can’t evaluate anything
if we don’t have it in front of us. And if we can’t get it in front of us until we go to
the next step – that’s what our attorney told us, too and that’s basically what they
told us today. We can’t get the information until we go to court.
Corrie: Mr. Bolicek, we’re running close on time but I’ll be happy to work with
you. However, I am going to tell you something right now. I think you muddied
the water here. You’re evidently selling to underage people in that bar. You got
sited one time in 1998. You were also told by the Chief of Police that you got
caught.
Bolicek: Mr. Mayor.
Corrie: Just a minute here. I want you to read it. You can come into my office.
I’ll let you read it.
Bolicek: Well, I’d never give anything. And if the State – I have heard from the
state of Idaho so we have not been –
Corrie: Just listen. As far as I’m concerned, as Mayor, this town will have a no
tolerance policy whatsoever to selling under 21. Stay here because if you want
to talk to me, indeed we’ll talk. We’ll maybe change the procedures, but I will not
tolerate anyone under 21 buying beer anyplace.
Bolicek: Mr. Mayor, neither do I. We have a severe – We fired her the next day
too, sir. We have a severe – we have – our policy is when they sign – when they
apply or when they are hired on, they sign something that says, “if you sell
underage, a – you will be fired, b – you will be sited and you could go to jail.
They know.
Corrie: I hope I don’t see you again on the same thing. I will set down with you
and we’ll see if we can’t –
Bolicek: I’d like to see that, Mr. Mayor, because I’ve never seen anything ever
and my attorney talked to the State to see if we have been sited before and they
said no we have not been sited before.
Corrie: Come to my office and I’ll show it to you.
Meridian City Council Meeting
September 5, 2000
Page 22
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: If I could say one thing. I agree and I think the whole Council agrees with
the Mayor. We are not going to allow any of it. I don’t think we should have to
put out our policy of how we do it – how we do the stings. That’s unfair to our
officers. The same thing you have in narcs and everything else, you don’t go tell
people ahead of time. I can’t figure out why we take so long – why this has went
on from May of 1999 to September of 2000. I feel sorry for you for having to
spend that kind of lawyer fees, but I think you’d need to talk to the Mayor and see
what the deal is. But I agree with the Mayor. We are not going to allow any of
this underage selling and I know you don’t want it.
Bolicek: You shouldn’t. And we’re not a barbell restaurant. We are a family
restaurant. We have more kids and family than we do – We’re not some other
bars in this town that I won’t name or bars in downtown Boise that are serving
college kids that are all under 21. We don’t – We Id. Everybody. That person, it
was her first week there. As Mr. Gray said, “You’re in a risky business, Brad.”
That’s what he told me and that’s true. We all have risk in everything that we do.
But to me – this letter you wanted to show me – that same sort of non-
communication right there. I was never given this. The State of Idaho does not
recognize this as having a prior offense. I came here today to let you guys know,
let the Council know, the City know what’s happening. We’re prepared to go
further legally. Thank you for your time.
Bird: Thank you.
deWeerd: Mr. Bolicek, even though we’ve asked you to get together with the
Mayor and the Chief, we will follow up with the Mayor and find out.
Bolicek: I hope so because I thought I would here something positive tonight and
I haven’t heard anything positive yet. I’ll meet with Mr. Corrie but I don’t see any
good, but I will do that, sir. I am interested to see what you have in your hands
there because I have never seen anything like that before.
Bird: This isn’t a citation. You didn’t get sited. It was a warning that was sent
out.
Corrie: Face to face with the Chief.
Bird: Face to face is what we –
Corrie: That’s what it says in the records.
Bird: That’s what we have in our record from the police.
Meridian City Council Meeting
September 5, 2000
Page 23
Bolicek: Well maybe they met with somebody else face to face. It wasn’t me.
Corrie: Okay. Well, we’ll talk about it.
Bolicek: Okay.
Corrie: Thank you.
Item 10. Continued Public Hearing from August 15, 2000: PP 00-014
Request or Preliminary Plat approval of 5 building lots and 1 other
lot on 8.29 acres for proposed Waltman Court Subdivision by
John and Sandra Goade – Waltman Lane and SW 5
th
Street.
Corrie: Okay. Item No. 10 is a continued public hearing from August 15, 2000.
Request for Preliminary Plat approval of 5 building lots and 1 other lot on 8.29
acres for proposed Waltman Court Subdivision by John and Sandra Goade –
Waltman Lane and Southwest 5
th
Street. So at this time I will continue the public
hearing.
Bird: Mr. Mayor. I believe this is the one that Shari –
Corrie: Yes. I was just going to have her give it in public testimony. Staff.
Stiles: Mr. Mayor and Council. I don’t know if the applicant is here, but they are
still working out some issues regarding the drainage facilities and the issue of the
bridge going over Ten Mile Creek, and they requested verbally that this be
continued to the September 19
th
City Council meeting.
Corrie: Is the applicant here tonight? Is there anybody here that would wish to
testify in this Continued Public Hearing on the Preliminary Plat. Okay. Council,
recommendation is to continue this public hearing until the September 19
th
. If
you’re willing, I would entertain a motion.
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: I move we continue the public hearing for the request for Preliminary Plat
for Waltman Court Subdivision by John and Sandra Goade – Waltman Lane and
Southwest 5
th
Street until September 19
th
, 2000.
Anderson: Second.
Corrie: Okay. Motion made in second to continue the Item 10 public hearing and
request for Preliminary Plat for Waltman Court Subdivision until the 19
th
of
Meridian City Council Meeting
September 5, 2000
Page 24
September. We have heard the discussion. Hearing none. All those in favor of
the motion say aye.
MOTION CARRIED: THREE AYES, ONE ABSENT
Item 11. Continued Public Hearing from August 15, 2000: VAR 00-015
Request for a variance allowing the applicant to lower the finish
floor elevation below the Flood Plain because of the size of the site
by Rod and Sheri Eisele / Eagle Concrete Pumping in an I-L zone
– Baltic Place in the Meridian Business Park:
Corrie: Item No. 11 is a Continued Public Hearing from August 15, 2000.
Request for a variance allowing the applicant to lower the finish floor elevation
below the Flood Plain because of the size of the sit by Rod and Sheri Eisele /
Eagle Concrete Pumping. So at this point I will continue the Public Hearing and
staff, comment please.
Smith: Mr. Mayor, Council members. There was some concern in my office of
the recommendations that were made for Eagle Concrete Pumping and the
variance requirement as to whether or not it was a feasible for them to construct
in accordance to what was relayed to my associate by Idaho Department of
Resources. I tried to get hold of Mr. Fred Eisenbarth at IDWR today to clarify the
requirements of FIMA for locating a finished floor below the base flood elevation
as they have established for this area. And I was not able to make contact with
him. I was able to make contact and visit with a hydrologist that we use from
time to time in flood studies and he indicated to me that there is a publication
available from FIMA for flood proofing commercial buildings when the finished
floor is located below the base flood elevation. Unfortunately, he didn’t have that
information. Again, I was not able to talk to Mr. Eisenbarth at Water Resources
to see if he had it. I spoke with the architect for the project for Rod Isley this
evening before Council meeting and told him of my concerns for their
construction of this building in accordance with what Fred Eisenbarth had related
earlier and suggested that perhaps we should continue this until the next Council
meeting so that we could get all the information necessary to adequately address
the variance request.
Corrie: Okay. Is there anyone from the public that will testify tonight on the
Eagle Concrete Pumping?
Larson: Mr. Mayor, members of the Council. My name is Cornell Larson. My
address is 210 Murray Street. We’re kind of in concurrence with staff. We would
like to know. There was a requirement placed on the project for permanent holes
in the building for flood venting. We would like to know a little more about that,
too so we would probably like to go ahead and continue the variance part of this
project. You have the Conditional Use Application on the Agenda later which I
am not sure you’ll get to but we’d like to go ahead and continue the variance.
Meridian City Council Meeting
September 5, 2000
Page 25
Corrie: Okay. Thank you. Anyone else? Council, you’ve heard the request to
continue.
deWeerd: Mr. Mayor.
Corrie: Mrs. deWeerd.
deWeerd: I move that we continue the public hearing to 9/19 on the request for
variance allowing the applicant to lower the finish floor elevation below the flood
plane.
Bird: Second.
Corrie: Motion made and seconded to continue Item No. 11 until 9/19/2000. Is
there any further discussion? Hearing none, all those in favor of the motion say
aye.
MOTION CARRIED: THREE AYES, ONE ABSENT
Item 12. Continued Public Hearing from August 15, 2000: AZ 00-016
Request for annexation and zoning of 10.19 acres from RT to R-8
for proposed Wilkins Ranch Village planned-unit development by
Steiner Development, LLC – south of Ustick Road and east of
Black Cat Road:
Item 13. Continued Public Hearing from August 15, 2000: PP 00-016
Request for Preliminary Plat approval of 48 building lots with 1
existing home and 5 other lots on 10.19 acres for proposed Wilkins
Ranch Village planned-unit development by Steiner Development,
LLC – south of Ustick Road and east of Black Cat Road:
Item 14. Continued Public Hearing from August 15, 2000: CUP 00-040
Request for Conditional Use Permit for proposed Wilkins Ranch
Village planned-unit development consisting of 48 single-family
lots ranging from 5,252 s.f. to 9,525 s.f. in a proposed R-8 zone by
Steiner Development – south of Ustick Road and east of Black Cat
Road:
Corrie: Item No. 12 is the continued public hearing from August 15
th
. Request
for annexation and zoning of 10.19 acres from RT to R-8 for the proposed
Wilkins Ranch Village PUD by Steiner Development. I will now continue the
public hearing and have staff’s comments first.
Bird: Mr. Mayor, excuse me. Could we do 12,13 and 14?
Meridian City Council Meeting
September 5, 2000
Page 26
Corrie: Okay, I’m tunnel-vision here. We have a continued public hearing here
for both the annexation and zoning, the Preliminary plat and request for
Conditional Use Permit, so I’ll do all three of those – open those now as a
continuance and then we can testify on all three at the same time.
Stiles: Mr. Mayor and City Council. This was continued from the last meeting
due to some requirements of the platting and also a preliminary request from the
applicant that they’d be allowed to have a sales office within the development.
We have received a revised plan that shows the minimum house sizes on the
lots as is required by City Ordinance and it appears to me the City’s requirements
– The request I received this morning at about quarter ‘til eleven, in regard to the
sales office, I do not consider to be adequate to grant a Conditional Use Permit
for that sales office as part of the Planned Unit Development. My
recommendation would be if they still propose to have that sales office out there,
that this be continued. If they will withdraw their request for a sales office, that
we would recommend approval with the conditions as recommended by the
Planning and Zoning Commission. I’d also like to make sure that it’s noted that
the applicant did request an R-4 zone and the recommendation from Planning
and Zoning Commission was to go to the R-8 zone because of the discrepancies
– the major discrepancies between the R-4 zone and their proposed plan. That’s
all I have.
Bird: Thank you. Is the applicant here?
Arnold: Mr. Corrie, when he gets back, members of the City Council, for the
record, Steve Arnold, Briggs Engineering, 1800 Overland Road. We at this time
would also – We’re not proposing the sales office on the site. We know that
maybe a sore point here and the applicant is trying to either set up a normal type
of office there on site and get rid of the building. At this time we’d just request –
We know you have got a busy agenda tonight – that you approve the Preliminary
Plat as submitted with the recommendations from your staff.
Bird: That’s also for the annexation and zoning and also the Preliminary Plat.
Arnold: Just for the record, we did, after the recommendation from Planning and
Zoning, we did go in for modification – we did request a rezone of an R-8 at their
recommendations. I think that made it into your record.
Bird: Council got any questions for the applicant.
Anderson: I have none.
deWeerd: I have none.
Meridian City Council Meeting
September 5, 2000
Page 27
Bird: Okay. Is there anybody else from the audience that would like to testify.
Council, do you got any questions at all for staff, applicant or anything? Any
comments?
Corrie: Nobody else wanted to step up to the plate. Okay. Council, discussion
before we close the public hearing?
deWeerd: I have none.
Bird: I have none.
Anderson: I have none.
Corrie: Okay. I would entertain the motion to close the public hearing then on
Items 12,13 and 14.
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: I move that we close the public hearings for the annexation and zoning, the
Preliminary Plat and the Conditional Use Permit for Wilkins Ranch Village on the
south of Ustick Road and east of Black Cat Road.
Anderson: Second.
Corrie: Motion has been made and seconded to close the public hearing on
Items 12,13 and 14 of the Wilkins Ranch. Any further discussion? Hearing
none, all those in favor of the motion say aye.
MOTION CARRIED, THREE AYES, ONE ABSENT
Corrie: Council, discussion. Hearing none. I would entertain a motion.
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: I move that we approve the request for annexation and zoning of 10.19
acres from R-T to R-8 for proposed Wilkins Ranch Village Planned Unit
Development by Steiner Development with Staff’s comments and for the attorney
to draw up the Findings of Facts and Conclusions of Law and Decision of Order.
Anderson: Second.
Meridian City Council Meeting
September 5, 2000
Page 28
Corrie: Okay. Motion made and seconded to have the attorney to draw up
Findings of Facts and Conclusions of Law including staff’s comments on the
annexation and zoning of Wilkins Ranch Village. Any further discussion?
Hearing none. Roll-call vote, Mr. Clerk.
Roll-call: deWeerd, aye; Anderson, aye; Bird, aye: McCandless, absent.
MOTION CARRIED: THREE AYES, ONE ABSENT,
Corrie: I’d entertain a motion now on the Preliminary Plat.
Anderson: Mr. Mayor.
Corrie: Mr. Anderson.
Anderson: I would make a motion that we instruct the City Attorney to draw up
the Findings of Facts and Conclusions of Law granting a Preliminary Plat for
approval of 48 building lots with 1 existing home and 5 other lots on 10.19 acres
for proposed Wilkins Ranch Village and a Decision of Order subject to staff
comments.
Bird: Second.
Corrie: Okay. Motion made and seconded to have the attorney draw up the
proper orders and Findings of Facts and Conclusions of Law and request for
Preliminary Plat on Wilkins Ranch. Any further discussion? Hearing none. Roll-
call vote, Mr. Berg.
Roll-call: Anderson, aye; Bird, aye; deWeerd, aye; McCandless, absent.
MOTION CARRIED: THREE AYES, ONE ABSENT.
Corrie: And No. 14 is the Conditional Use Permit for the Wilkins Ranch.
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: I move that we have the attorney draw up the Findings of Facts and
Conclusions of Law and Decision of Order for the request for Conditional Use
Permit for proposed Wilkins Ranch Village Planned Unit Development existing of
48 single-family lots ranging from 5,252 square-foot to 9,525 square-foot in the
proposed R-8 zone by Steiner Development and to incorporate the staff
comments.
Anderson: Second.
Meridian City Council Meeting
September 5, 2000
Page 29
Corrie: Motion made and seconded to have the attorney draw up the Findings of
Facts and Conclusions of Law on the Conditional Use Permit on Wilkins Ranch
Village, Item No. 14. Any further discussion? Hearing none. Roll-call vote, Mr.
Clerk.
Roll-call: deWeerd, aye; Anderson, aye; Bird, aye; McCandless, absent.
Item 15. Continued Public Hearing from August 15, 2000: AZ 00-013
Request for annexation and zoning of 5.4 acres for proposed Elliot
Industrial Park Subdivision for office and shop in an I-L zone by
Chuck Elliot, The Elliot Group – south of Fairview Avenue and east
of Locust Grove Road on Wilson Lane:
Item 16. Continued Public Hearing from August 15, 2000: PP 00-015
Request for Preliminary Plat approval of 2 building lots on 5.4 acres
for proposed Elliot Industrial Park Subdivision in an I-L zone by
Chuck Elliot, The Elliot Group – south of Fairview Avenue and east
of Locust Grove Road on Wilson Lane:
Item 17. Tabled from August 15, 2000: CUP 00-033 Request for a
Conditional Use Permit to construct an office and shop for
proposed Elliot Industrial Park Subdivision in an I-L zone by
Chuck Elliot, The Elliot Group – south of Fairview Avenue and east
of Locust Grove Road on Wilson Lane:
Corrie: Item No. 15 is a continued public hearing from August the 15
th
. Request
for annexation and zoning of 5.4 acres for proposed Elliot Industrial Park
Subdivision for office and shop in an I-L zone by Chuck Elliot, The Elliot Group.
At this time, I’ll reopen the continued public hearing on Item 15 hearing staff
comments first.
Stiles: Mr. Mayor and Council. I’d like to address Items 15, 16 and 17. We
would like to request a continuation.
Corrie: We got two continued public hearing on Item 15 and 16. Mr. Attorney, is
that alright to go ahead and open 17 as well? It’s not a public hearing.
Nichols: Well, it’s not a public hearing. It’s an Agenda Item. I think what Mrs.
Stiles is getting to is the variance that’s scheduled for hearing on the 19
th
.
Stiles: Yes. We were looking into whether we could consider this a Planned Unit
Development which would allow for some variances but they are not requesting
the Planned Development so they have submitted a variance application that’s
scheduled to be before you on the 19
th
. This was the variance on the 20-foot
planning strip requirement adjacent to residential use.
Meridian City Council Meeting
September 5, 2000
Page 30
Corrie: Is that okay, Mr. Attorney?
Nichols: The procedure, I believe, Mayor, is that 15 and 16 which is the
continued public hearing would be continued to the 19
th
and we’ll take up Item 17
which is the Conditional Use Permit and continue that to the 19
th
and that way, in
accordance with previous direction from the Council, all of these items will be
handled at one meeting.
Corrie: Is there anyone here from the public that would like to issue testimony at
in this Item 15 and 16 at this point? We will continue it until the 19
th
. Okay. So I
will entertain a motion on the continuance of Items 15 and 16 and also Item No.
17. We’ll do that next.
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: I move that we continue the public hearings for Elliot Industrial Park for the
annexation and zoning of 5.4 acres and also to continue the public hearing for
the Preliminary Plat for Elliot Industrial Park Subdivision to September 19
th
, 2000.
Anderson: Second.
Corrie: Motion made and seconded to continue the public hearing on Item 15
and Item No. 16 ‘til 9/19/2000. It’s the request for Preliminary Platt and also the
annexation and zoning. Any further discussion? Okay. All those in favor of the
motion say aye.
MOTION CARRIED: THREE AYES, ONE ABSENT.
Corrie: Item no. 17 is the table from August 15
th
for request for Conditional Use
Permit to construct an office and shop for proposed Elliot Industrial Park
Subdivision. Based upon what we’ve heard tonight, I’ll entertain a motion on
Item No. 17 for a continuance.
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: I move that we table the request for Conditional Use Permit to construct
office and shops for proposed Elliot Industrial Park Subdivision in an I-L zone by
Chuck Elliot, The Elliot Group – south of Fairview Avenue and east of Locust
Grove Road on Wilson Lane until September 19
th
, 2000.
Anderson: Second.
Meridian City Council Meeting
September 5, 2000
Page 31
Corrie: Motion made and seconded to continue Item No. 17, request for
Conditional Use Permit on the Elliot Industrial Park Subdivision until September
19
th
, 2000 meeting. Any further discussion? Hearing none, all those in favor of
the motion say aye.
MOTION CARRIED: THREE AYES, ONE ABSENT.
Item 18. Public Hearing: Request for variance from the maximum 1,000-
foot block length for Bear Creek Subdivision by Briggs
Engineering – east of Stoddard Lane and south of Overland Road:
Corrie: Item No. 18 is a public hearing. This is a request for variance from the
maximum 1,000-foot block length for Bear Creek Subdivision by Briggs
Engineering – east of Stoddard Lane and south of Overland. At this time, I’ll
open the public hearing on Item 18 and invite the staff comments first.
Stiles: Mr. Mayor and Council. This is a clean-up item on the Bear Creek
Subdivision project. As a condition of the Preliminary Plat, they were required to
obtain a variance for seating of maximum block length. Typically, the variance
would be received before the plat was approved. However, the plat was
approved but they’ve still had the requirement of the condition to apply for a
variance for the maximum block length and that is what they have done. So we
would recommend approval in accordance with the conditions of the approved
Preliminary Plat.
Corrie: Okay. Is there anyone from the public that would like to issue testimony
on this request for variance? Excuse me. Is the applicant here tonight? I’m
sorry. I jumped ahead of myself.
Arnold: Members of the City Council. Again, for the record. Steve Arnold,
representing the applicant, Briggs Engineering, 1800 West Overland Road. We
are requesting a variance for the block length. As we understand, the ordinance
is for pedestrian facilities to reduce the block length within a thousand feet so the
pedestrians don’t have to walk very far to and from their destinations. Vehicular
access and circulation – I personally saw to it that that was required as a
previous occupation so that is being taken care of. We have no further
comments. We are providing the pathways at this time and I would require,
perhaps, if this we can hear this item and No. 35 to change the Findings of Fact
for this application because I know we’re probably going to be cut short tonight.
Stiles: 35 was discussed in Pre-Council.
Arnold: That was the changing of the Findings of Facts for the Park Site.
Corrie: There was an amendment to one of the conditions.
Meridian City Council Meeting
September 5, 2000
Page 32
Arnold: Yes. 2.51.
Corrie: I don’t have any objections if the Council doesn’t.
Bird: Mr. Mayor, I don’t. As long as he don’t have an objection to it, then we can
bring it forward.
Corrie: Then we can take this Item 35 along with this Item 18.
Arnold: I appreciate that. I have no further testimony on the variance
application.
Corrie: Okay. Thank you. Is there anyone in the audience that would like to
issue testimony at this time? Okay. Hearing none. I will entertain a motion then.
If you have any discussions.
Bird: I have none.
Corrie: We will close the public hearing.
Anderson: So moved.
Bird: Second.
Corrie: Motion made and seconded to close the public hearing on Item 18. Any
further discussion? Hearing none, all those in favor of the motion say aye.
MOTION CARRIED: THREE AYES, ONE ABSENT.
Corrie: Discussion. Motion on the request for variance.
deWeerd: I move that we approve the request for variance from the maximum
1000-foot block length for Bear Creek Subdivision by Briggs Engineering and to
instruct the attorney to draw up Findings of Facts and Conclusions of Law and
Decision of Order to include all staff comments.
Bird: Second.
Corrie: Okay. Motion made by Mrs. deWeerd and seconded by Mr. Bird to
approve the request for variance and have the attorney to prepare Findings of
Facts and Conclusions of Law. Any further discussion? Hearing none, roll call
vote, Mr. Berg.
Roll-call: deWeerd, aye; McCandless, absent; Anderson, aye; Bird, aye
Meridian City Council Meeting
September 5, 2000
Page 33
MOTION CARRIED: THREE AYES, ONE ABSENT
Item 35. Amendment of one Condition of Approval for Bear Creek
Subdivision – Drainage in the Park:
Corrie: Let’s move to Item 35, which is amendment to one condition of approval
of Bear Creek Subdivision – drainage in the Park. Council, you have heard the
brief discussion in Pre-Council. I’ll entertain a motion on that for the amendment
for one condition on the drainage in the park.
Anderson: Mr. Mayor.
Corrie: I would make a motion that we approve the amendment to the Condition
of Approval for Bear Creek. I’m not sure what the proper procedure. Do we
need Findings of Facts with that?
Nichols: Councilman Anderson, Mayor, members of the Council, I will take your
motion and we will simply provide a revision which will be signed by the Mayor
and attested by the Clerk. And it’s not even as late as we sometimes are. That
will take care of that particular condition.
Anderson: I’ll just make a motion then that we approve the amended Condition
of Approval.
Bird: Second.
Corrie: Motion been made to approve the amended condition and approval for
Bear Creek Subdivision, drainage in the park with the Mayor to sign and the clerk
to attest. Further discussion. Hearing none. Roll-call vote, Mr. Berg.
Roll-call: deWeerd, aye; McCandless, absent; Anderson, aye; Bird, aye
MOTION CARRIED: THREE AYES, ONE ABSENT.
Item 19. Public Hearing: VAC 00-005 Request for vacation of public
utilities, drainage and irrigation easement along common lot line
between Lots 22 and 23 of Block 10, The Lakes at Cherry Lane
No. 6, by Ron Leslie:
Corrie: Item No. 19. Well, we’re on a roll here. Public hearing. Can everybody
hear me back there? My wife, the last time she was here she said, “I can’t hear
you in the back of the room.” I keep trying to speak up in the microphone here.
Public hearing, request for vacation of public utilities, drainage and irrigation
easement along common lots between lots 22 and 23 of block 10, The Lakes at
Cherry Lane at No. 6. So at this time, I’ll open the public hearing and staff
comments first.
Meridian City Council Meeting
September 5, 2000
Page 34
Stiles: Mr. Mayor. This is for the vacation of the easement that’s in between
these two lots in The Lakes at Cherry Lane Village No. 6 and the intent is to build
a single home on the two lots. The recommendations of the Planning and Zoning
Commission – the footer on that is still referring to another project and that needs
to be changed to reflect this project but on Item 10, page 2 of paragraph 10
should be revised that the applicant must obtain notarized approval. The Public
Works Department does not have a copy of those relinquishments of easements
and also to add to the recommendation prior to applying for a building permit the
applicant shall provide notarized relinquishments of the easements from the
effected utilities. That’s all I had.
Corrie: Okay. Is the applicant here tonight?
Leslie: Mr. Mayor, members of the Council. My name is Ron Leslie. My
address is 1185 Osprey Ridge, Eagle. I am the owner of No. 6 with Cherry Lane.
I have a client that does want to –-
*** End of Side 2 ***
Leslie: -- the utilities. I did give copies of those to the P and Z meeting we had
previously from the utility, power and gas and also an acceptance to relocate if
necessary and what’s there.
Corrie: Okay. Council, questions?
Bird: I have none.
Corrie: Okay. Thank you. Is there anyone else from the public that would like to
issue testimony? Okay. Hearing none. Council, for the discussions.
deWeerd: I have none.
Anderson: I have none.
Corrie: Okay. Then I will entertain a motion to close the public hearing on Item
No. 19.
Bird: So moved.
Anderson: Second.
Corrie: Motion made and seconded to close the public hearing on Item No. 19 –
vacation of public utilities, drainage and irrigation easement. All those in favor of
the motion say aye.
Meridian City Council Meeting
September 5, 2000
Page 35
MOTION CARRIED: THREE AYES, ONE ABSENT.
Corrie: Any discussion? Okay. I’ll entertain a motion on Item No. 19 for request
for vacation.
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: I move that we move have the attorney draw up the Findings of Facts and
Conclusions of Law and Decision of Order in favor for the request for vacation of
public utilities, drainage and irrigation easement along common lot line between
lots 22 and 23 of Block 10. The Lake is Cherry Lane No. 6 by Ron Leslie.
Anderson: Second.
Corrie: Okay. Do you want to include the two comments –
Bird: Staff comments included.
Anderson: Second agrees.
Corrie: Okay. Motion has been made and seconded to approve the request for
vacation of public utilities and drainage and the attorney to draw up the Findings
of Facts and Conclusions of Law with correction additions of staff. Mr. Berg?
Roll-call: deWeerd, aye; McCandless, absent; Anderson, aye; Bird, aye
MOTION CARRIED: THREE AYES, ONE ABSENT.
Item 20. Public Hearing: VAC 00-007 Request for vacation of public
utilities, drainage and irrigation easement along common lot line
between Lots 35 and 36, Block 17 of Haven Cove Subdivision
No. 9 by Glenn Blaser – east of Ten Mile Road and north of Pine
Avenue on Ebbtide Street:
Corrie: Item No. 20 is a public hearing. Request for vacation of public utilities,
drainage and irrigation easement along common lot line between Lots 35 and 36,
Block 17 of Haven Cove Subdivision No. 9 by Glenn Blaser. At this time, I’ll open
the public hearing and invite staff comments first.
Stiles: Mr. Mayor and Council. I am not certain what this is being requested for.
I believe there’s a building permit that’s already been issued on this lot in Haven
Cove Subdivision No. 9. They have requested to vacate that easement between
the lot lines. They will have to provide for a new easement between the lot lines
once they do a lot line, when they do a lot line adjustment. This recommendation
Meridian City Council Meeting
September 5, 2000
Page 36
to the City Council also needs the footer corrected to indicate this subdivision.
Then on Page two, Item 9, the applicant must obtain notarized approval of the
easement vacation from effected utilities. Gary Smith indicated he has not
received that yet. Under the recommendation, I would like to add prior to
processing, the lot line adjustment. The applicant must provide notarized
relinquishment of the easement vacation from effected utilities and also to put on
record that they will still need to meet the minimum frontage requirements and
the minimum lot size requirements for the zoned area. Thank you.
Corrie: Okay. Thank you. Is the applicant here tonight? Okay. Anyone in the
audience that would like to testify on this public hearing tonight on this one?
Okay. Council, discussion.
Bird: I have none.
Anderson: I have none.
deWeerd: I have none.
Corrie: Then hearing nothing, I will entertain a motion to close the public hearing
on Item No. 20.
Anderson: So moved.
Bird: Second.
Corrie: Motion made and seconded to close the public hearing on the request of
vacation of Haven Cove Subdivision No. 9. All those in favor of the motion say
aye.
MOTION CARRIED: THREE AYES, ONE ABSENT.
Corrie: Council, do you want to make a motion on that one?
Anderson: I would make a motion that we approve this request for vacation of
public utilities, drainage and irrigation easements along the common lot lines for
Lot 35 and 36 in Block 17 of Haven Cove Subdivision No. 9 for Glen Blaser and
instruct the City Attorney to draw up the appropriate Findings of Facts and
Conclusions of Law and include staff comments.
Bird: Second.
Corrie: Motion made and seconded to approve the vacation of public utilities,
drainage and irrigation easements along lot lines in Haven Cove Subdivision No.
9 with staff comments. Any further discussion? Hearing none. Roll-call vote,
Mr. Berg.
Meridian City Council Meeting
September 5, 2000
Page 37
Roll-call: deWeerd, aye; McCandless, absent; Anderson, aye; Bird, aye
MOTION CARRIED: THREE AYES, ONE ABSENT.
Item 21. Public Hearing: VAR 00-013 Request for a variance of the 1,000-
foot maximum block length for proposed Bridgetower Subdivision
by Primeland Development Co., LLP, in a proposed R-4 zone –
north of Ustick Road and east of Ten Mile Road:
Item 22. Public Hearing: AZ 00-017 Request for annexation and zoning of
52.90 acres from RT to R-4 by Primeland Development Co., LLP,
for proposed Bridgetower Subdivision – north of Ustick Road and
east of Ten Mile Road:
Item 23. Public Hearing: PP 00-017 Request for Preliminary Plat approval
for proposed Bridgetower Subdivision with 106 building lots, 1
HOA recreation center, 1 park lot and 19 common lots on 46.2
acres in a proposed R-4 zone by Primeland Development Co., LLP
– north of Ustick Road and east of Ten Mile Road:
Item 24. Public Hearing: CUP 00-043 Request for Conditional Use Permit
to construct a planned-unit development consisting of 106 building
lots by Primeland Development Co., LLP for proposed
Bridgetower Subdivision – north of Ustick Road and east of Ten
Mile Road:
Corrie: Item No. 21. Public Hearing. Request for a variance of the 1,000-foot
maximum block length for proposed Bridgetower Subdivision by Primeland
Development Co., LLP, in a proposed R-4 zone – north of Ustick and east of Ten
Mile Roads. We also have with them an annexation and zoning and also a public
hearing on the Preliminary Plat and No. 25 – a request for Conditional Use
Permit. With that being the case, I’ll open the public hearing on the request for
variance and annexation and zoning, request for Preliminary Plat and request for
a Conditional Use Permit – Items No. 21, 22, 23 and 24. The public hearing can
invite staff’s comments first.
Stiles: Mr. Mayor and Council. This is where the property north of Ustick Road –
it’s part of what has been known as the young lands property. They’re proposing
106 building lots and they had to have a Homeowners Association Recreation
Center here. Here they would have a park. Due to the fact that they are not
meeting ordinance requirements in regard to frontage and block length
requirements and I think those are the only two areas where they don’t meet
requirements. They have submitted this as a Planned Development. As part of
that Planned Development, they are required to have a minimum of 10 percent
open space, which is what this park area would be here. It was discussed with
Meridian City Council Meeting
September 5, 2000
Page 38
the Parks and Recreation Director whether the City would like to take over that
and I believe his final analysis was that since they were already to provide the
open space, there was no reason for the City to participate in owning and
maintaining that initially. I guess he reserves the right to try something else later.
There is a proposal. I haven’t talked to the School District but Miss Bowcutt has
indicated that they are interested in an elementary school site on this property in
approximately this area here. Also the applicant would be required to provide a
pedestrian walkway along Five Mile Creek and that would need to be constructed
as part of the development. On the plat that you have before, I’m not sure what
changes have been made, but they do show an easement going along the backs
of these properties here and also an easement along here that they cannot
include as part of the lots and they would need to include those in a common lot
for the property. Also there is a sewer line running down the Five Mile Creek and
they would not be able to encroach within that easement. They’re proposing that
initially, they’d be allowed to leave this open. It’s known as the crease in lateral.
I believe and Miss Bowcutt can correct me – I believe they plan to pipe it all along
the remainder of the northern boundary and on the western boundary, but due to
the phasing and some of the agreements they’re trying to reach with Nampa
Meridian Irrigation District, they would like to leave that open at this time. If that
is approved, their lots would need to reflect that they’re not encroaching on that
easement. Mr. Ed Bews, who is developing a lot of the property in this area – He
has purchased a significant amount of property in the area and this is just the first
phase of many phases to come. They have also shown in their application that
they would like these to be office lots and the staff does support that concept.
However, until a Comprehensive Plan Amendment is approved by City Council
that would support that. They will be limited to single-family family residential
and they will remain with the R-4 zoning. The applicant has indicated they will
come back if the Comprehensive Plan is changed to allow this and rezone those
lots. We like the concept. They have nice internal access from the subdivision to
these proposed office lots and they don’t have any other direct access to the
arterial that can cause some problems later. The variance on Item No. 21 –
that’s being requested because these block lengths – I believe this one – there
are probably three of them that actually exceed the block length requirement.
This is a dead end loop configuration similar to what was done at Wood Bridge
and with no outlet. We do agree with the request for annexation and zoning to
an R-4 and would recommend approval of the plat and a Conditional Use Permit
with staff comments as recommended by the Planning and Zoning Commission.
Corrie: Is the applicant representative here?
Bowcutt: Becky Bowcutt, 11283 West Hickorydale, Boise. I’m representing the
applicant in this matter. As Shari indicated, this is the first Preliminary Plat of a
larger property holding. The reason that we have segregated this portion is
because this property decrease in lateral – everything south here flows into the
Five Mile Creek Sewer trunk line. That’s its designated trunk. Everything north
of that would flow into the white drain trunk that’s proposed to go up Ten Mile and
Meridian City Council Meeting
September 5, 2000
Page 39
then head east. We have this particular parcel here that’s isolated by Five Mile
Creek. My clients in the past have mixed like – medical office along with single-
family residential. Two examples of that would be Legend Subdivision and Bay
Hill Springs. They’re typically single level, very nice structures. They have quite
astringent architectural control from the developers and the Homeowners
Association so they mesh in very well. Obviously we wouldn’t want to put single-
family dwellings right up against Ustick which is an arterial. We’ve provided 40
feet of landscaping which is twice what would be required by your ordinance.
We’ve planned this collector roadway that would come in. There would be
landscaping on both sides – a substantial amount of landscaping. Then we have
what we call a loop concept coming off that collector. Then we have another
collector roadway going in an easterly direction. The Homeowners Association
Rec Center would be located right here and take access off of that collector. In
that building would be a sales office – restrooms – We plan on putting a tower
and we’re trying to create kind of a Mediterranean motif. I can show you an
elevation of that. It kind of gives you an idea of what it would look like. There
would be a patio area and trellises. People could sit out there and picnic. There
will also be a swimming pool. This would be one of two recreation facilities within
this section of our development. This will be the smaller one. We’ll provide a
parking lot along that facility so if any residences – they wanted to drive their
children there versus walking, there would be parking area. All of this area here
will be landscaped. We have some existing larger trees. Our intent is that any of
those that are in good condition that can be saved will be. They create a very
nice canopy. Right now there’s a home underneath them. As you can see,
along the collectors, we have a lot of landscaping. These lots all exceed 8,000
square feet. Our intent was to create deeper lots and we reduced the widths of
the lots, but increased the depths substantially. We average about 125 feet in
depth on a lot of these lots. Our widths range in the 78. We try to keep them as
wide as possible. We have a few 70s and a few 72s. We’re trying to provide a
little bit of a variety other than the standard 80 X 100 lot that’s been done out in
this vicinity. The Five Mile Creek here has a flood plain associated with it. That’s
what you see here. That’s the flood plain as it comes out. It only affects the
open space that we have. We’re really diligent to make sure that we didn’t have
any of the homes falling within that flood plain. The floodway is isolated to the
channel right here. This is 140 feet in width. According to the assessors, Bureau
of Rec, Nampa/Meridian and the title company, that is owned and fee simple by
the Federal Government. We had one neighbor that stated that he had some
information otherwise, but the information that we’ve received is that we don’t
own that. I have talked to the Bureau of Reclamation. They will allow this public
street and this would be a bridge to cross that. They’ve done it before. It doesn’t
create a problem. They just give their consent to Ada County Highway District.
There’s two existing homes on the property here that will be retained. Both of
those are very nice homes. They will be platted as part of this development.
They’ll have to abandon their sewer or their septic and well and hook on to the
sewer and water system. We feel that we’ve got a really nice project. The value
of our homes will be between $150- and $190,000. In the larger scope of this
Meridian City Council Meeting
September 5, 2000
Page 40
project, we’ll have different size lots. They’ll start getting larger as we move
northward. Then at Ten Mile, there will be more along the lines of this and then
they’ll get larger as they move eastward. We want to provide a variety of lot
sizes and home sizes for the public. In our conversations with the Planning and
Zoning Commission, the issue arose over the public versus private concerning
our open space. We have approximately five acres that would be open space.
The Recreation Center would sit on that five acres. One of the things that we
talked about was the possibility of an elementary school going in there. We have
met with the School District. We did take them a site plan. They are taking it
under consideration. We have not received any commitment as of yet. One
thing that was discussed was the fact that they would like to see a joint park and
an elementary school if possible. We’d like to keep that channel open with your
Parks Department because we feel that since we are located along Five Mile
Creek, to create a recreational destination along that pathway system would
really fit well into your pathway and park system. There is an existing bridge that
the two existing homes use for access located right here. It’s in excellent
condition. It’s a concrete structure. That could be used for pedestrian purposes
– drop people right into this parkway. Within our development, we’ll have offset
meandering sidewalks along this collector. As you can see, we’ll have
pedestrian pathways, linkages at each one of these loops. The crease and
lateral here as Shari indicated – We’ve asked that we pipe that in the future
because it is north of this loop. Our intent is if we can get Nampa and Meridian
to cooperate is to create a pathway along there so that we don’t just have a
gravel corridor. We’ll be piping the Creason from this point to this point over here
and then that Creason and lateral veers off onto the other property and turns the
bend here. But we would not pipe the Creason that is not up on our property.
This is a copy of kind of concept that we did to demonstrate to the school district
what could happen as far as development of this site. As you can see, this is the
loop that you’re approving tonight or one of the loops. The collective roadway
would lead right into the school site. This park area is contiguous with this so if
the Parks Department thought that a larger park would be more appropriate,
there is additional area there to expand it. But we’d like to keep those channels
of communication open. Getting to the Findings that were prepared by the
attorney, we’re in agreement with everything under the annexation and rezone.
As Shari indicated, the future office lots – we understand we’ll have to come back
for a rezone. We cant do that this time because it would not be in compliance
with your Comprehensive Plan. Under the recommendations for the CUP, the
only two items that I need to address is 1.2 and 1.3 on page 3. Under 1.2, that’s
the discussion on the designation on the pathway along Five Mile Creek. I’d like
to stress as I’ve done before and other projects. I don’t want to get in the
position where we’re caught between two particular agencies – one requiring
pathways and the other stating that they won’t grant the pathways. I’ve heard
from Mr. Kuntz that you’re making headway with Nampa and Meridian as far as
some type of an agreement for these pathways. But we are still getting mixed
signals from the district. I met with one representative at the site. He indicated
that along the drains of the creeks that the pathways were acceptable. The
Meridian City Council Meeting
September 5, 2000
Page 41
laterals and the canals were the ones that they will not allow pathways. Then
when I met with his boss a few weeks later, he indicated that until this issue of
liability is resolved, they will not allow pathways. So I want you to keep in mind
that I don’t want to be put in the position that I can’t meet one of these conditions
because of Nampa Meridian Irrigation District. Secondly I would like to stress
that we do not own that land where Five Mile Creek resides – that 140 foot swath
is not part of our project. It cannot be. Item 1.3, just for the record, we
understand that we are required to do the 10 percent open space. We do not
dispute that. Our intent is to create this park area. One way or the other, it will
be nice and green and usable. I guess the issue that we will discuss with your
Parks Department and possibly your Parks Commission is would it be private or
would it be public? Under your ordinance, your ordinance does allow for the
common area under the PUD Chapter to be dedicated to a public body. I think
that that is something that can be done after we finish with this end of it. Under
the Preliminary Plat, I think we are on agreement. Page 4, 1.9 – Staff had some
concerns about the one point of ingress and egress into the development. I
indicated to them that under ACHD’S policy plan, we’re allowed to have up to
100 single-family dwellings with one entrance. This is just going to be a
temporary situation. Once this project gets going, we’ll move to the Ten Mile
area and start opening up another entrance. Eventually, these two collector
roadways will intersect in the middle of the section. I don’t feel that we’ll have a
problem with your fire department. My understanding is that they’ve allowed 130
homes for one point of ingress and egress. And I think that’s all I have. Do you
have any questions?
Bird: I have none.
deWeerd: I have none for Becky.
Corrie: Thank you, Becky. Is there anyone from the public that would like to
issue testimony on this subdivision? Okay. Questions from Council or staff?
deWeerd: Mr. Mayor.
Bird: Mrs. deWeerd.
deWeerd: Only if Tom has any comments regarding the presentation.
Kuntz: Just two. One is on the park space approximately five acres but some of
that will be taken up by the recreation center. The discussions with Becky at this
point have been that since that three acres of open space is required through the
PUD development anyway – unless we were to acquire additional space where
she is suggesting that a school go – where we could make it into a five to seven
acre site. If that were to happen, at some point we would be interested in
possibly dedicating that for public use and then have the Parks Department take
over the maintenance and operation of that site. But the three-acre size, at this
Meridian City Council Meeting
September 5, 2000
Page 42
point – to have it maintained by the homeowners and use as a homeowners area
would be the best way to go at this point, the Parks Department feels. Two is on
the pathway. Until a pathway has some connectivity to something, I think our
stance would be that the developer – If he would want to pay to put the pathway
in and develop that area, we would certainly be willing to cooperate and help
work with Nampa Meridian Irrigation District to come up with some kind of license
agreement if necessary to have the City involved. But initially, the construction
costs, we would probably not be interested in those.
deWeerd: I have nothing further.
Corrie: Any other questions?
Bird: I have none.
Corrie: I’ll entertain a motion to close the public hearing on 21, 22, 23 and 24.
Bird: So moved.
Anderson: Second.
Corrie: Motion made and seconded to close the public hearing on Items 21, 22,
23 and 24 on the Agenda – Bridgetower Subdivision. All those in favor of the
motion say aye.
MOTION CARRIED: THREE AYES, ONE ABSENT.
Corrie: Comments or discussion? Hearing none. We’ll take them one at a time,
then. Item No. 21 is a request for variance for the 1,000 foot maximum block
length for proposed Bridgetower Subdivision by Primeland Development, LLP.
Anderson: Mr. Mayor.
Corrie: Mr. Anderson.
Anderson: I would make a motion that we approve the variance for the 1,000
foot maximum block length for the propose Bridgetower Subdivision by
Primeland Development and instruct the City Attorney to draw up the appropriate
Findings of Facts and Conclusions of Law and Decision of Order subject to staff
comments.
Bird: Second.
Corrie: Motion made and seconded to have the attorney to draw up the Findings
of Facts and Conclusions of Law for approval of a variance, a request in Item No.
Meridian City Council Meeting
September 5, 2000
Page 43
21 and include staff comments. Any further discussion? Hearing none. Mr.
Berg, roll-call vote please.
Roll-call: deWeerd, aye; McCandless, absent; Anderson, aye; Bird, aye
MOTION CARRIED: THREE AYES, ONE ABSENT.
Corrie: Item No. 22 is a request for annexation and zoning for 52.90 acres from
an R-T to an R-4, Primeland Development Company.
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: I move that we have the attorney draw up the Findings of Facts and
Conclusions of Law and Decision of Order in favor of the annexation and zoning
of 52.90 acres from an R-T to R-4 by Primeland Development Company, LLP for
proposed Bridgetower Subdivision and incorporate the staff’s comments.
deWeerd: Second.
Corrie: Motion made and seconded to approve the request for annexation and
zoning of the 52.90 acres by Primeland Development Company and have the
attorney draw up the proper Findings of Facts and Conclusions of Law and
Decision of Order and ordinance. Is there any other discussion?
Corrie: Roll-call vote, Mr. Berg.
Roll-call: deWeerd, aye; McCandless, absent; Anderson, aye; Bird, aye
MOTION CARRIED: THREE AYES, ONE ABSENT.
Corrie: Item No. 23 is the request for Preliminary Plat – approval of the
Bridgetower Subdivision with 106 building lots, one Homeowners Association
Rec Center, one parking lots and 19 common lots in 46.2 acres.
deWeerd: Mr. Mayor.
Corrie: Mrs. deWeerd.
deWeerd: I move that we instruct the city attorney to draw up Findings of Facts
and Conclusions of Law and Decision of Order for approval of PP 00-017,
request for Preliminary Plat for Bridgetower Subdivision with 106 building lots,
one Homeowners Recreation Center, one park lot and 19 common lots on 46.2
acres and to include staff comments.
Meridian City Council Meeting
September 5, 2000
Page 44
Bird: I second that.
Corrie: Motion made and seconded to approve the Preliminary Plat and have the
attorney draw up the proper order and to include the staff’s comments.
Nichols: Mr. Mayor, members of the Council. Miss Bowcutt indicated that Item
1.9 on the Preliminary Plat recommendations had to do with the single access.
Currently the recommendation from Planning and Zoning requires that the
applicant essentially get together with the Fire Department and develop
temporary emergency access until there was a secondary principal access
provided. So we’ll need direction from you as to whether to continue that. Right
now as the motion stands, that would be part of the Preliminary Plat Conditions
and I don’t know if you wanted to address that separately.
deWeerd: I thought they left it up for the applicant and the Fire Department.
Correct?
Nichols: Councilwoman deWeerd, as I read this, it would require a temporary
emergency access point until there is a secondary access into the subdivision. If
I understood Miss Bowcutt’s comment, she wanted that part of it eliminated. I
just want to make sure that I’m clear as to what my direction is.
deWeerd: I would defer that to either Kenny or Councilman Anderson.
Anderson: I don’t want to speak for Meridian Fire Department.
deWeerd: Well, I don’t mean speak for the Fire Department.
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: It says the applicant must work with the Meridian Fire Department to
determine whether a temporary emergency access point is necessary until such
time a secondary principal access is provided.
Nichols: Councilman Bird, Mayor, members of the Council. Perhaps that’s one
of those things that’s just a little bit fuzzy. It’s the same thing as allowing Mr.
Kuntz to be able to work with the developer to determine drainage inside a park.
Perhaps it’s okay as long as the applicant understand that if in the final analysis,
the Fire Department says we have got to have a temporary emergency access
then one would be there.
Bird: This is pretty good.
Anderson: Okay. Let’s do it then.
Meridian City Council Meeting
September 5, 2000
Page 45
Bird: Do you agree with that?
deWeerd: If Kenny is comfortable with it.
Bowers: Mayor Corrie, City Council members, Councilwoman deWeerd. This
one here would be a very difficult subdivision to put a second access into it
because of the drainage and would have to put in some more bridges. Also
we’ve found out that a lot of our accesses that was put in several years ago
became problems with the neighborhood of people – the kids having meetings in
the tunnels or in the roads, weed problems, but this one would be a very difficult
one to get a second access into it at this time. With 106 lots, we would be able to
live with that.
deWeerd: Okay. So that language could be stricken? My motion would agree
with that.
Corrie: Okay. Motion has been made to approve the Preliminary Plat with the
striking of 1.9 and the page four recommendation to City Council on the
Preliminary Plat. Any further discussion. Hearing none. Roll-call vote, Mr.
Berg.
Roll-call: deWeerd, aye; McCandless, absent; Anderson, aye; Bird, aye.
MOTION CARRIED: THREE AYES, ONE ABSENT.
Corrie: Okay Item No. 24 is a request for Conditional Use Permit to construct a
planned unit development consisting of 106 building lots by the Primeland
Development Company.
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: I move that we have the attorney draw up the Findings of Facts and
Conclusions of Law and Decision of Order for CUP 00-043 – request for
Conditional Use Permit to construct a planned unit development conceiving of
106 buildable lots by Primeland Development Company.
deWeerd: Second.
Corrie: Motion made and seconded to approve the Conditional Use Permit and
the attorney to draw up the Findings of Facts and Conclusions of Law. Further
discussion? Hearing none. Roll-call vote, please.
Roll-call: deWeerd, aye; McCandless, absent; Anderson, aye; Bird, aye
Meridian City Council Meeting
September 5, 2000
Page 46
MOTION CARRIED: THREE AYES, ONE ABSENT.
Corrie: Council, do want to do one more before 10:00 and have the – decide
which one you want to try?
Bird: What public hearings do we got here that we got people for? Every one of
them?
Corrie: 31. 31, and you’re what? 27?
Anderson: Just take it in order.
Corrie: I don’t think we can move anybody different. You’re going to have to do
one more. I think it would be 25 and put the others in the 19
th
. You will have to –
Bird: Well, we’re loading up the 19
th
big time again. And Shari wants to have a
special meeting for the Landscape Ordinance. I think we just need to have
another four-hour special meeting one of these days and take care of some of
these other public hearings, too, because we have got the 19
th
so filled right now.
Corrie: Okay. When would you like to do it? What time restraints do we have if
we have the –
Bird: We don’t have any time restraints.
Nichols: Mayor, members of the Council. We don’t have to republish if we
announce at this meeting what date they are continued to. Is that correct, Mr.
Clerk?
Berg: Mr. Mayor, members of the Council. Yes, it’s correct. There are a couple
issues on some of these hearings, and I know that the Parks and Rec Director
has a comment about the recreation fees that are going to be implemented or in
place soon -- next week.
Corrie: I hope we have a meeting the 11
th
. Monday the 11
th
. Is that going to
give you enough time?
Nichols: I would have to find a substitute for me in my office because I know of a
conflict and I can’t be there on the 11
th
. Excuse me, Mr. Mayor, members of the
Council. We have a problem with getting this room because that’s a school
board meeting also at 5:30 that they start.
Corrie: How about the 13
th
? Wednesday.
deWeerd: I can do that.
Meridian City Council Meeting
September 5, 2000
Page 47
Corrie: Okay roll it to the 13
th
. Are you okay with the 13
th
? The 13
th
-- that
would give you –
deWeerd: Mr. Mayor, can you do it without me?
Corrie: I would rather not. Two Councilmen. We can. We’ve got a quorum.
Nichols: Mr. Mayor and members of the Council. Perhaps it might raise your
comfort level a little bit determining what it is if we’re just simply talking about
these registration for these fall rec classes. I guess the question would be have
you ever turned Mr. Kuntz down on any of these requested fees? And if not, to
simply just review those. You’ve established the quorum for the meeting, and
when Mrs. deWeerd leaves, you still have a meeting and the other two can vote.
Corrie: I agree there. It’s up to them, I guess.
Bird: Let’s go for it.
Corrie: Okay No. 30.
Bird: No. It’s No. 28, isn’t it.
Corrie: Oh, the 28th. I’m sorry. We’ll move the rest of them to the 13
th
.
Bird: Mayor, the ones we have continued to the 19
th
, I would like to see maybe
getting those on the 13
th
, too, depending on how many we got coming for the
13
th
.
Nichols: Mr. Mayor, members of the Council. Once you’ve already continued
them to the 19
th
you’re going to have to stick with it.
Corrie: Okay. Then, lets have Item No. 25, 26, 27, 29, 30, 31, 32, 33, 34 and 36,
37 to continue on the 13
th
of September.
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: I move that we continue.
Corrie: We have to do one at a time, I presume.
Bird: We’d have to open and then continue them. We have to re-notice. Okay.
So he has to open each one of these.
Meridian City Council Meeting
September 5, 2000
Page 48
Item 25. Public Hearing: PFP 00-002 Request for Preliminary / Final Plat
approval for proposed Presidential Subdivision by Developers
Diversified / Dakota Company with 3 building lots on 10.99 acres in
an I-L zone – southeast corner of Presidential Drive and Eagle
Road at the Meridian Crossroads Center:
Corrie: Okay. I’ll open up the hearing on Item No. 25 and I’ll request the
Council’s continuance.
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: I move that we continue the public hearing for the Preliminary Final Plat
approval for proposed subdivision by Developers Diversified – Dakota Company
with three building lots with 10.99 acres in the I-L zones, southeast of
Presidential Drive and Eagle Road at the Meridian Crossroads Center until
9/13/2000.
Anderson: Second.
Corrie: Motion made and seconded to continue the public hearing on Item No.
25 until 9/13/2000. Any further discussion?
Siddoway: Mr. Mayor, members of the Council. I have just a comment that I
think you probably ought to set the time since that’s a special meeting so that
everyone knows when this – Whatever it is, it’s a special meeting.
Bird: 6:30 p.m.
Corrie: Okay. 6:30 p.m. Any further discussion? All those in favor of the motion
say aye.
MOTION CARRIED: TWO AYES, TWO ABSENT.
Item 26. Public Hearing: VAR 00-020 Request for Variance for the
reduction of landscaping requirements to allow new construction
site to match existing and as typical for the area and subdivision for
Seven Gates by Darol Forsythe / Seven Gates Properties – Lots 8,
9 and 10 of Block 1 of the Layne Industrial Park:
Corrie: Item No. 26. I open the public hearing and request the Council to
continue that until 9/13.
Anderson: Mr. Mayor.
Corrie: Mr. Anderson.
Meridian City Council Meeting
September 5, 2000
Page 49
Anderson: I would make a motion to continue the public hearing on the request
for the variance for the reduction of landscaping requirements by Seven Gates
until 9/13 at 6:30 p.m.
Bird: Second.
Corrie: Motion made and seconded to continue the public hearing on Item 26
until 9/13 at 6:30 p.m. Any further discussion? Hearing none, all those in favor
of the motion say aye.
MOTION CARRIED: TWO AYES, TWO ABSENT
Item 27. Public Hearing: VAR 00-019 Request for variance of the
required size and number of trees from 37 three-inch Caliper trees
to 27 two-inch Caliper trees for The Bower Street, LLC –
southwest corner of Bower Street and East 5
th
Street:
Corrie: Item No. 27 is a public hearing. I will open the public hearing and
request that –
*** End of Side 3 **
Corrie: -- to 9/13 at 6:30 p.m.
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: I move that we continue the public hearing VAR 00-019, Request for
variance in required size and number of trees from 37 3-inch caliper trees to 27
2-inch caliper trees by the Bower Street, LLC until September 13, 2000 with
meetings starting at 6:30.
Anderson: Second.
Corrie: Motion made and seconded to continue the public hearing on the Bower
Street, LLC – request for variance until 9/13/2000 starting at 6:30 p.m. All those
in favor of the motion say aye.
MOTION CARRIED: TWO AYES, TWO ABSENT.
Item 28. Public Hearing: Registration fees for new fall recreation classes
offered through the Meridian Parks and Recreation Department:
Corrie: We are going to hear the 28?
Meridian City Council Meeting
September 5, 2000
Page 50
Bird: Aren’t we going to do the landscaping?
Corrie: That’s on the 13
th
as well.
Bird: We got to open it though, don’t you?
Corrie: I’m going to open the public hearing on Item No. 28. Registration fees
for all new fall classes through the Meridian Parks and Recreation Department.
Bird: We need to enact upon that, Mr. Mayor. I would go ahead and enact upon
that.
Corrie: Tom.
Kuntz: You should have in your packet a list of brand new classes that we’re
offering for the first time this fall. Fees have been established in negotiating with
the different instructors with those classes. Those will be out in our fall
publication next week, so I need your approval on those fees.
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: Tom is there. And I know that in the Men’s Basketball League, they’re all
new classes. Aren’t they Tom?
Kuntz: Correct.
Bird: So we’re setting a new fee at that level. We’re not raising?
Kuntz: Correct.
Bird: The Men’s Basketball – that’s what it was last year, wasn’t it?
Kuntz: I believe so. We’re trying to keep the ringers out this year, though.
Corrie: Anything else, Tom?
Kuntz: No, sir.
Corrie: Is there anybody else in the public that would like to issue testimony on
the proposed new fall recreation classes? Hearing none. I will entertain a
motion to close the public hearing.
Anderson: So moved.
Meridian City Council Meeting
September 5, 2000
Page 51
Bird: Second.
Corrie: Motion made and seconded to close the public hearing on Item No. 28.
All those in favor of the motion say aye.
MOTION CARRIED: TWO AYES, TWO ABSENT.
Anderson: Mr. Mayor.
Corrie: Mr. Anderson.
Anderson: I would make a motion that we approve the new registration fees for
the fall recreation classes that will be offered by the Meridian Parks and
Recreation.
Bird: I will second that.
Corrie: Motion made and seconded to approve the registration fees for the new
fall recreation classes offered through the Meridian Parks and Recreation. Any
further discussion? Hearing none. Roll-call vote.
Roll-call: deWeerd, absent; McCandless, absent; Anderson, aye; Bird, aye
MOTION CARRIED: TWO AYES, TWO ABSENT.
Item 29. Public Hearing: Proposed change to the Notice of Mailing
Ordinance allowing first-class mail to replace certified mail for
notification of public hearings:
Corrie: Item No. 29 is to open the public hearing. Proposed change and Notice
of Mailing Ordinance allowing first-class mail to replace certified mail for
notification of public hearing.
Bird: Do you want us to continue that, Mayor?
Corrie: Yeah, we can. That won’t be much.
Bird: I move that we continue the public hearing for the proposed change and
Notice of Mailing Ordinance allowing first-class mail to replace certified mail for
notification of public hearing to September 13
th
, 2000. The meeting starts at
6:30.
Anderson: Second:
Meridian City Council Meeting
September 5, 2000
Page 52
Corrie: Motion made and seconded to continue the public hearing on the
proposed change and Notice of Mailing Ordinance allowing first-class mail to
replace certified mail. All those in favor of the motion say aye.
MOTION CARRIED: TWO AYES, TWO ABSENT.
Item 30. Public Hearing: Proposed changes to the Landscape Ordinance
by the City of Meridian:
Corrie: Item No. 30 is a public hearing. Proposed changes to the Landscape
Ordinance by the City of Meridian. I’ll open the public hearing with Council’s
(inaudible) on that.
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: I move that we continue the public hearing for the proposed change to the
Landscape Ordinance by the City of Meridian to September 13
th
, 2000 with the
meeting starting at 6:30.
Anderson: Second.
Corrie: Motion made and seconded to continue the public hearing on Item 30
until September 13, 2000, at 6:30 p.m. All those in favor of the motion say aye.
MOTION CARRIED: TWO AYES, TWO ABSENT.
Item 31. CUP 00-044 Request for Conditional Use Permit to construct a
4,125 s.f. tilt-up concrete building for Eagle Concrete Pumping by
Rod and Sheri Eisele in a Flood Plain Overlay District currently in
an I-L zone – North Baltic Place in the Meridian Business Park:
Item 32. CUP 00-042 Request for a Conditional Use Permit to construct a
Carl’s Jr. Restaurant with a drive-thru window by Greenstar Foods
and TFCM currently in an I-L zone – located on Pad P-3 at the
Meridian Crossroads Center:
Corrie: Item No. 31 and 32. 31 is a request for Conditional Use Permit to tilt-up
concrete building for Eagle Concrete Pumping.
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Meridian City Council Meeting
September 5, 2000
Page 53
Bird: I move that we move CUP 00-044 – Conditional Use Permit for Eagle
Concrete Pumping to September 19, 2000.
Anderson: Second.
Corrie: Motion made and seconded to move the CUP 00-044 – request for
Conditional Use Permit to September 19, 2000, meeting. Any further comment?
All those in favor of the motion, say aye.
MOTION CARRIED: TWO AYES, TWO ABSENT.
Corrie: The Conditional Use Permit for Carl’s Jr. Restaurant. What do you want
to do with that one? 13
th
or the 19
th
?
Bird: That was the one that was requested because of AHD?
Corrie: Thirty-two. Let me take a look. Yeah. That’s correct.
Bird: I would move that we table CUP 00-042 – request for Conditional Use
Permit to construct a Carl’s Jr. Restaurant with a drive-thru window by Greenstar
Foods and TFCM currently in an I-L zone, located on path three of the Meridian
Crossroads Center until September 19, 2000, with hopes that we have the Ada
County Highway District comments.
Anderson: Second.
Corrie: Motion made to table Item No. 32 – CUP 00-042 – request for Carl’s Jr.
Restaurant and drive-thru window until September 19, 2000. All those in favor of
the motion say aye.
MOTION CARRIED: TWO AYES, TWO ABSENT.
Item 33. FP 00-016 Request for Final Plat approval of 38 building lots and 1
other lot on 11.05 acres for Packard Subdivision No. 4 by
Packard Estates Development, LLC – southeast quarter, Section 5,
T3N, R1E:
Corrie: Item No. 33. Request for Final Plat of 00-016 in Packard Subdivision.
Bird: Table that? We can take it to the 19
th
or the 13
th
, Mayor.
Corrie: Gary, is the 19
th
alright rather than the 13
th
on that, for timing, you think?
Smith: I don’t know, Mr. Mayor. I tried to get hold of the developer today and
couldn’t reach him. I wanted to see if he had any objection to the staff comments
because we hadn’t heard back from him.
Meridian City Council Meeting
September 5, 2000
Page 54
Bird: For that, Mr. Mayor, I move that we table FP 00-019 – request for Final Plat
approval of 38 building lots and 1 other lot on 11.05 acres for Packard
Subdivision No. 4 by Packard Estates Development, LLC – southeast quarter,
Section 5, T3N, R1E to September 19, 2000.
Anderson: Second.
Corrie: Motion made and seconded to table FP 00-016 to September 19, 2000,
meeting. All those in favor of the motion say aye.
MOTION CARRIED: TWO AYES, TWO ABSENT.
Item 34. FP 00-017 Request for Final Plat approval of 3 building lots on
approximately 18 acres for proposed Worden Subdivision
currently in an Ada County RT zone by Randy and Linnea Worden
– Amity and South Locust Grove Road:
Corrie: Item No. 34 is for Final Plat on Worden Subdivision. Same thing, Gary?
Smith: Mr. Mayor, Council members. This is an Ada County Subdivision. It’s a
3-lot 5-acre plus subdivision that I think has been hanging around for awhile.
They’re waiting for us to sign off on it as a County Subdivision because it’s within
our area of impact within one mile of city limits.
Corrie: Let’s do it the 13
th
.
Bird: Would the 13
th
be okay, Gary?
Smith: Yes.
Anderson: Mr. Mayor.
Corrie: Mr. Anderson.
Anderson: I would make the motion that we delay the request for Final Plat and
reschedule that for the Worden Subdivision on September 13 for Randy and
Linnea Worden.
Bird: Second.
Corrie: Motion made and seconded to table Item FP 00-017 – request for Final
Plat to be tabled until September 13, 2000. All in favor of the motion, say aye.
MOTION CARRIED: TWO AYES, TWO ABSENT.
Meridian City Council Meeting
September 5, 2000
Page 55
Item 36. Request for hook-up to City Services for Terrace Lawn Memorial
Gardens by Tim Gibson
Corrie: Thirty-five we have already done. Thirty-six is a request for hook-up to
City Services for Terrace Lawn Memorial Gardens. Gary, is that –
Smith: It’s a request for property that’s outside the city limits, within our area of
impact with an Urban Service Boundary. It’s adjacent to the east – Venture
Street is going to be built along the east boundary of Wal-Mart and this is the little
office for the cemetery just to the east of that future street. Their septic tank and
drain field is failing.
Bird: Mr. Mayor.
Corrie: Go ahead, Mr. Bird.
Bird: Gary, is it going to hurt if we put that off until the 13
th
– or we can deal with
it now. I would just as soon deal with it now.
Smith: Yes. I think that would be fine.
Bird: Can we deal with it now?
Smith: Yes. We need that agreement that Bill Nichols is drafted for Service
outside the city limits.
Corrie: Okay. Have you got that one, Bill?
Smith: That requires annexation. That’s a condition of the agreement. They
have to submit an application for annexation.
Bird: Yeah. They have to submit to get the hook-up. Mr. Mayor.
Corrie: Mr. Bird.
Bird: Now, this is back where the actual cemetery is. 1200 North Cloverdale
Road is not – They’re address is not even in our impact, is it?
Smith: Well, the building that they’re going to be serving is in our area of impact.
Bird: Yes. But their mailing address – this 1200 North Cloverdale, where their
mailing address is not in our area of impact. That’s Boise, isn’t it? Aren’t we a
quarter of a mile west of Cloverdale?
Smith: Correct.
Corrie: It’s right there next to Wal-Mart construction.
Meridian City Council Meeting
September 5, 2000
Page 56
Smith: Yeah. It’s a little office building for the cemetery.
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: I would move that the attorney draws up the agreement in favor of request
for hook-up to city services for Terrace Lawn Memorial Gardens by Tim T.
Gibson, 1200 North Cloverdale Road with the agreement of the annexation and
zoning included.
Smith: Just a point of clarification. I believe that if you required annexation, you
would be splitting the cemetery in half. I believe the City’s area of impact line
goes down the middle of the cemetery. What we’re asking to hook-up is one
small office on the very western side of the cemetery that has one bathroom to 4-
inch service to the new sewer service that’s being installed as part of the Wal-
Mart project. And the reason it’s being requested is the existing septic field is
falling underneath the Venture Street extension. If you require an annexation – If
you acted on it, you’d be splitting the cemetery in half. I’m not sure you really
want to annex the cemetery.
Bird: Is it annexed in Boise?
Smith: Not that I am aware of. I don’t believe they have ever applied for
annexation.
Corrie: So it’s still in the county, but we’ve got an ordinance that says if we do
that we have to have it annexed.
Smith: We have to apply for annexation. We don’t have to annex it.
Corrie: We can refuse your annexation. I understand that.
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: Mr. Smith. What do you want to do? Mr. Nichols said it was your call.
Smith: Well, if we don’t do anything with it right now and just provide service to
the office building, then it will remain a county property. Because there isn’t any
reason for Boise City to annex it either.
Bird: It’s not in their area of impact.
Meridian City Council Meeting
September 5, 2000
Page 57
Smith: Right.
Bird: But he’s asking for both water and sewer, right?
Smith: Just for sewer.
Bird: Do you have your own well?
Smith: Maybe we could do a subject of them filing application for annexation and
then we could sort it out at the time that the application comes in.
Bird: That’s what the motion states – has been made. Didn’t you second it,
Ron?
Anderson: You were interrupted before we got the second.
Bird: That’s what it stated – that he would have to apply for annexation and
zoning and then at that point we could probably.
Smith: It didn’t say that it has to be annexed.
Bird: It didn’t say it had to be. It just says that they have to apply. That’s what
our ordinance says, I believe. Isn’t it, Bill?
Nichols: I don’t remember.
Smith: The ordinance just says it has to be approved by the Council. You, as a
Council have requested the annexation applications in the past.
Corrie: Okay. Request to hook-up to City Services. Now, they don’t want City
Services. You just want the sewer. That’s not what it says here.
Bird: That’s what I was saying. That’s why I read my motion was a request to
hook-up to City Services. Services is water and sewer. You just want sewer.
Smith: Mr. Mayor and Council members. His letter specifically requests City
Sewer Service.
Bird: Do you want me to start my motion over?
Corrie: Yeah. Why don’t you just move your motion and start it over.
Bird: I already moved my old motion. Mr. Mayor, I move that we approve the
request for the City Sewer hook-up for Terrace Lawn Memorial Gardens by Tim
T. Gibson, 1200 North Cloverdale Road with the request of Planning and Zoning
application being made also.
Meridian City Council Meeting
September 5, 2000
Page 58
Anderson: Second.
Corrie: Motion made and seconded to approve the request for sewer hook-up –
City Sewer and also to have them make application to Planning and Zoning for
annexation and zoning. We can figure this thing out at that point. Okay. Any
other comments?
Bird: I have none.
Corrie: All in favor of the motion, say aye.
MOTION CARRIED: TWO AYES, TWO ABSENT.
Item 37. COMPASS Destination 2020 Plan:
Corrie: Okay. This Compass Destination Plan – They aren’t even here tonight,
are they? Okay, I’ll talk to them later then.
38. Department Reports:
A. City Engineer – Gary Smith
1. Bid Results for the Ustick Reservoir Landscape Contract:
Corrie: Gary, I’ll go through the bids.
Smith: Yes, sir. Mr. Mayor, Council members. We solicited bids for landscaping
of the Ustick Water Reservoir and on August 25
th
at 3 p.m., we opened three bids
submitted to the City. A-Z Sprinklers bid $73,625. Hillside Nursery bid $82,471
and Park Town Construction bid $123,957. Unfortunately, the low and second
low bidder did not comply with the requirements of the bid documents and did not
list their electrical subcontractor. Therefore, they were disqualified. The third
bidder, his bid far exceeds the landscape architect’s estimate of $94,110.
Therefore, it’s the opinion of Public Works Department that all of the bids be
rejected. The premise for that rejection is the 5
th
paragraph, the Invitation to Bid
which I believe allows us to do that. We will re-bid the project.
Corrie: Any comments?
Bird: Gary, I just got a question. Did you talk to A-Z Sprinklers and Hillside? Did
they have an electrical contractor in their bid. Did they have electrical?
Smith: They have to because they have to put in a sprinkler system that has an
electrical controller and they have to connect to 110 volt power and run that to a
transformer that steps it down to 24 volt or 12 volt – whatever it is that powers the
Meridian City Council Meeting
September 5, 2000
Page 59
sprinkler system. But there was a specific requirement -- Line No. 1 on a
subcontractors to list their electrical subcontractors.
Bird: Did you ask and if they had electrical bid in their bid?
Smith: No, I didn’t.
Bird: I’ll bet you that neither one of them did.
Smith: If they didn’t, they are still required to list themselves as the contractor.
Bird: I know.
Smith. Correct. It’s a shame. We just go to as much pain as we can to have the
bidders fill in the blanks, yet, they don’t do it. Unfortunately, I think we had a
couple pretty good bids that we’re not going to be able to use.
Bird: Well, if you re-bid it, maybe they’ll get themselves and list their electrical
contractors. Do you suppose?
Smith: I certainly hope so, but I would expect the bids will come in a little higher
than what we have right now. Historically, I think re-bids do.
Bird: Yeah.
Smith: Thank you.
Corrie: Okay. I’ll entertain a motion on Gary’s recommendations.
Anderson: Mr. Mayor.
Bird: Mr. Anderson.
Anderson: I would make a motion that we reject all the bids for the landscape for
the Ustick Reservoir bid.
Bird: I’ll second it.
Corrie: Motion made and seconded to reject all the Ustick Reservoir landscape
contract bids and start over. Further discussion? All those in favor of the motion
say aye.
MOTION CARRIED: TWO AYES, TWO ABSENT.
B. Mayor Robert D. Corrie:
Meridian City Council Meeting
September 5, 2000
Page 60
1. Appointment of Planning and Zoning Commissioner:
Corrie: I think we can do all those later. The Department of Planning and Zoning
Commission has brought out that Mr. Rohm didn’t live here long enough and I
should have caught that.
2. Nampa Meridian Master Pathway Agreement Discussion:
Corrie: Nampa Meridian Irrigation District – we’ve still got those coming.
3. A T & T and Cable One Option:
Corrie: AT&T and Cable One option. That one – do you have any objections to
that going from AT&T to Cable One.
Bird: What is it?
Corrie: You’ve got a –
Bird: Yeah. I’ve got my deal, but –
Nichols: Mr. Mayor, members of the Council. We received a packet of
information literally more than 2 inches thick on this proposed sale of AT&T’s
television cable system in this area and in some other areas to Cable One, Inc.,
which is a company based in Phoenix. They have to obtain FCC approval on
this. They appear to be from the documents that were provided and other things
that I looked up, they appear to be a financially solvent company. I can’t imagine
– I suppose we could invest more time investigating them, but essentially your
consent is required to any transfer of the Cable Franchise.
Corrie: Do you have any objections?
Bird: I have no objections because I don’t see any problem with it as long as
they’ve checked out and they’re good people.
Nichols: Well, Councilman Bird, I don’t know how good they are. I just know that
the way the Telecommunications Act tied local government’s hands, there’s not a
whole lot you can do, even if you don’t like them. Rather than spend a bunch of
city resources on trying to do something – bigger outfit fight that battle.
Corrie: Well, one other thing. Let’s wait until the 13
th
because we don’t need to
have that sale of that property. Fire Department, I need you to have to get the
appraisal. We can bring it up in another meeting so I think it would be better – or
the 13
th
. I’ll put it in reports. We’re going to discuss selling of the Old Fire
Department. We’re getting bids.
Meridian City Council Meeting
September 5, 2000
Page 61
Bird: On the 13
th
?
Corrie: We have to do it in the public.
Bird: I know.
Corrie: We can do it tonight if you want to but the other two aren’t here.
4. Cherry Lane No. 8 Agreement for Land Swap:
Bird: I would just assume wait until the other two are here on that. But the
Cherry Lane No. 8 agreement for land swap – Is that that controversial?
Corrie: It’s not controversial. Who’s going to pay for it? The City or Steiner or
the golf course.
Nichols: Mr. Mayor, members of the Council. Revisiting this Lakes at Cherry
Lane No. 8 land swap issue, I received a – I can’t recall the date. Maybe it was a
week ago Friday. I received a proposed exchange agreement from the attorney
for Steiner Development and I thought I had made myself clear that it was our
expectation that Steiner Development would pay any out-of-pocket costs
associated with this exchange because A: It was going to give him bigger lots
and in fact, an additional lot. There wasn’t any direct benefit to the City. This
agreement comes and call for the City to pay for the Title Insurance, calls for the
City to pay for half of the cost of the appraisal. The appraisal was approximately
$1000, so there’s $500. The Title Insurance – I would estimate it around $200.
So there’s $700. That’s why I put a memo out to you that said “There’s the
issue.” If you’ll give me your blessing, I’ll go back to Steiner and say, “You’re
getting a whole lot more value than $700. You pay the out-of-pocket cost.
Bird: I agree 100 percent. I didn’t think there was going to be any cost of the
City because he’s getting – Only one person should pay for it and that’s him.
He’s getting a nice lot. Plus he’s probably got it sold if he gets it. Do you agree,
Ron?
Anderson: I agree.
Bird: Well, go back and get him. Tell him if he wants it, I don’t think that Cherry
Lane should pay or neither should we.
Anderson: The other night when we gave the budget’s presentation, we had the
public comment. I am serious about wanting to try to figure out ways to get some
additional funding. I think we have definite needs in the city. I would throw out to
the Councilman and the Mayor. I would like to pursue the November election to
increase the mill leverage to 4.0 and if everybody else is in agreement to that, I’d
Meridian City Council Meeting
September 5, 2000
Page 62
like to have Bill to do research and see what it takes to put that on the ballot and
get that going.
Corrie: November this year and then March or May of next year are the two
opportunities that we have. I’d whole-heartedly say to do it in November.
Nichols: Mayor, members of the Council. Will maybe has done more election
stuff, but are we even within the window of time to put something on the
November ballot. Good question. We can do it, I think, in March.
Berg: Mr. Mayor, members of the Council. I am not sure what the window is. I
am not sure. It has to be a city election, but you need to budget me more money
than what you budgeted me for election line item because it’s going to be a full-
fledged election.
Corrie: It won’t go in effect until the year 2002.
Bird: I’d like the whole Council, and I think you guys know how I stand – I am
going to have to see a whole lot of proof to it. I think that there’s a lot of people
out here that are barely getting in some of these homes – that you raise their
taxes, and it’s going to cost them. I think a lot of the problem – a lot of the
commercial getting over here is because of our taxes. I think we can raise more
money. But I also think to put it flat bluntly that you’re never going to raise
enough money to satisfy everybody. I don’t think that Nampa don’t. They’ve got
.76 mill levy. Boise don’t. They got a .62 or .68 mill levy. You’re just – Let’s
have a vote on it.
Anderson: I agree with that, Keith. I’m just saying that we have the lowest mill
levy, by far, for the services that we’re providing of any of those cities that you
listed. And you’re right. We’re never going to fulfill everybody’s dreams for
salaries and amount of personnel. I think we are definitely deficient in all three of
those areas that I mentioned tonight – Fire, Parks, Police and I think this would
be a step in the right direction. I’ve already heard that it would give us about one
million dollars in additional income that could be used to fill some of those needs
for the City. What we’re doing is presenting it to the people and showing them
what the needs are. They’re the ones that are deciding with the election whether
they want to do it or not. From what I saw in the public hearing, they’re all saying
yes. We want more and we’re willing to pay for it. I think we, as Councilmen,
owe it at least to them to put it on the ballot and let them decide.
Bird: I have no problem. But, like Will says, you’d better do some (inaudible)
because you have got to put the election on it, just like running a City Election.
Why not do it next November when you’re electing two Councilmen? It’s already
part of the deal. I guess every year that we put it off, it’s just another year we
delay that income. I think there’s only two opportunities. You are not going to
get it anyway if you raise it. You’re not going to get that to come through.
Meridian City Council Meeting
September 5, 2000
Page 63
Corrie: It comes through January of 2002. We have two windows. The way I
understand it from Ken Harwood – two windows of opportunity – November and
then one, I think, in March. Actually, you would have a better chance if you get it
set up and really get it right to get it. I am like Ron. I think the people are ready.
You’re only going to add $90 to the average $150,000 home.
Bird: That’s eight dollars a month.
Corrie: Well, you spend that much on –
Bird: I realize some people do and some – I live in a cheap house. It’s not going
to affect me hardly at all.
Corrie: But I think Ron’s right. Let’s the people decide.
Bird: I agree there 100 percent.
Nichols: The one point that I would make is not really a legal point, Mayor and
members of the Council. If you decided to raise that levy up, it’s a decision on
the part of the Council to essentially pursue a campaign for approval of that
election. In my experience, it’s not the kind of thing that you can really put
together really well in 60 days. Even if we can get the appropriate resolutions to
get it on the November ballot, the question would be: Can we martial the forces
necessary to get the information out to the public so that the electard (sic) is well
informed so that they understand what they are voting on and why it would be in
their best interest to vote on it. So we can give you those deadlines. Certainly
Will and I can look into it by the 13
th
and tell you this is where you would be in
these are the steps that are required – Go from there. But I just know from
previous elections that I have been involved in, there’s a certain amount of
salesmanship that goes into these things and it’s best to have a plan and an
approach to get her done.
Anderson: I agree with you whole-heartily. I just want to get the ball rolling
because every time we just sit here and we keep missing those windows of
opportunity. Whether we can make the November or not – I’m not overly
optimistic that we can. I know that we need to get some things done and get
some people organized and start selling it. I, for one, am ready to do it. I think it
needs to be done.
Corrie: And I will get you the information as soon as I get it. They didn’t give you
the right stuff.
Bird: They didn’t give me the right IUC?
Corrie: Secretary on the salary survey and plus the stamps and things like that –
She gave us the wrong one, so he’s kind of upset about it.
Meridian City Council Meeting
September 5, 2000
Page 64
Bird: Let me tell you something. I think Tom has a better camaraderie
retirement. I mean we can kiss that thing good-bye.
Corrie: In 30 minutes, I’ll tell you some stories about –
Bird: Oh, you don’t have to tell me, Bob. We’ve been a member of them since
they started.
Corrie: I know. But it’s a lot different than what you were calling it.
Bird: No. We still are. I still get my pamphlets there.
Corrie: I know. I say that it’s a lot different.
Bird: I know it is.
Corrie: It’s not run by a board of directors anymore.
Smith: Excuse me, Mayor. Can I ask one question before you –
Bird: No.
Smith: We’re not going to be here on the 19
th
. I’d really like to see Gary Benoit’s
thing that was on the Consent Agenda come out on the 13
th
if possible. It’s not
the end of the world if I’m not there.
Corrie: Well, we’ve already done it for the 19
th
.
Bird: It’s too late.
Corrie: I’ll talk to him tomorrow with you. Okay. I’ll entertain a motion to adjourn.
Bird: Second.
Corrie: All in favor? Say aye.
MOTION CARRIED: TWO AYES, TWO ABSENT.
MEETING ADJOURNED AT 10:40 P.M.
(TAPE ON FILE OF THESE PROCEEDINGS)
Meridian City Council Meeting
September 5, 2000
Page 65
APPROVED:
ROBERT D. CORRIE, MAYOR
ATTESTED:
WILLIAM G. BERG, JR., CITY CLERK