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HomeMy WebLinkAbout2010 07-06Meridian City Council Meeting July 6. 2010 A Council meeting of the Meridian City Council was called to order at 7:00 p.m., Tuesday, July 6, 2010, by Mayor Tammy De Weerd. Members Present: President David Zaremba, Charlie Rountree, Keith Bird, and Brad Hoaglun. Others Present: Bill Nary, Jaycee Holman, Pete Friedman, Bill Parsons, Kyle Radek, Mike De St. Germain, Joe Silva, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy De Weerd De Weerd: Okay. I will go ahead and call tonight's meeting to order and for the record it is Tuesday, July 6th. It's 14 minutes after 7:00. We will start tonight's meeting with roll call attendance. Madam Clerk. Item 2: Pledge of Allegiance De Weerd: Item No. 2 is our Pledge of Allegiance and tonight we will be led in the pledge by Sam Kurtzberger. He is with Troop 62 with the United Methodist Church. If Sam would come forward and you will all rise and join us in the pledge. (Pledge of Allegiance recited.) De Weerd: Sam, I have a City of Meridian pin for you. Thank you for leading us in the pledge. Item 3: Community Invocation by Pastor Steve Moore with Ten Mile Christian Church. De Weerd: Item No. 3 is our community invocation. At this time I'd like to invite Pastor Steve Moore with Ten Mile Christian Church to come forward and invite you to join us in the invocation or take this as an opportunity for a moment of reflection. Nice to see you, pastor. Moore: Good to be here. I'll just take a second to pass on a compliment to our community. De Weerd: Okay. If you want to speak into the microphone. Meridian City Council July 6, 2010 Page 2 of 17 Moore: Okay. I'm just going to take a second to pass on a compliment. Today I had a funeral for one of the citizens of our city, it's a sad deal, 38 year old mother leaves a husband and child, but the family is from Iowa and -- the majority of them and in the processional from the church building to the -- the cemetery it was amazing how the community showed respect and as we met traffic they were off to the side, city employees that stopped and took their hats off and the family expressed their appreciation for that kind of community that we are. De Weerd: Thank you. Moore: Our Father God in Heaven, I pray that we here in Meridian would continue to be a people that -- that truly care and notice little things. The little things reflect what we really are, that we would be a community of character and neighbors. I thank you for these who serve us, our Mayor, our City Council, our civil servants here in the community that give their time as we are witnessing here tonight, that have had meetings all day long and they make a decision how to use their time. We are grateful for that. Pray that you would use this meeting for -- just to develop this community into more as a light. In this season we have been reminded of how good we have it in this nation, in this state, in this city, our freedoms, the things that we take for granted and, God, we pause to recognize that it's our faith in you that has delivered so much of this. We praise you for that in Jesus' name, amen. Item 4: Adoption of the Agenda. De Weerd: Thank you, pastor. Item No. 4 is the adoption of the agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: On tonight's agenda under Item 8-A, the applicant is requesting to continue to August 17th of this year and that is the only item of note, so I move adoption of the agenda. Zaremba: Second. De Weerd: I have a motion and a second to adopt the agenda as amended. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda. A. Approve Minutes of June 8, 2010 City Council Workshop Meeting Meridian City Council July 6, 2010 Page 3 of 17 B. Approve Minutes of June 22, 2010 City Council Regular Meeting C. Professional Services Agreement with Chuck Smith/New Trio for Musical Talent -Concerts on Broadway for aNot-to-Exceed Amount of $400.00 D. Professional Services Agreement with Kings of Swing for Musical Talent -Concerts on Broadway for aNot-to-Exceed Amount of $1,500.00 E. Professional Services Agreement with Meridian Symphony Orchestra for Musical Talent -Concerts on Broadway for a Not-to-Exceed Amount of $500.00 F. Third Lease Amendment -Extending Term of Lease of Police Station Room 103 to Idaho State Department of Corrections to June 30, 2013 G. Underground Powerline Easement for Split Corridor Landscape Irrigation H. Task Order #10194 for the Easement Conversion Project with Resource Data, Inc. Under the Master Agreement Dated April 13, 2010 for aNot-To-Exceed Amount of $91,121.25 I. Findings of Fact and Conclusions of Law for Approval: PFP 10-002 Freedomworks Subdivision by Wally Morgas Located Southwest Corner of W. Overland Road and South Stoddard Road: Request for Approval of a Combined Preliminary /Final Plat Consisting of 3 Building Lots on 11.91 Acres of Land in a C-G (General Retail and Service Commercial) Zoning District J. Findings of Fact and Conclusions of Law for Approval: MDA 10-006 Spring Creek Ustick (aka Ashtyn Park) by Douglas Clegg Located at 3165 N. Meridian Road Request for Modification to the Existing Development Agreement to Allow for Development of an Assisted Living Facility Instead of a Professional Office Park as Previously Proposed De Weerd: Item 5 is our Consent Agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Meridian City Council July 6, 2010 Page 4 of 17 Hoaglun: I move approval of the Consent Agenda and for the Mayor to sign and Clerk to attest. Rountree: Second. De Weerd: I have a motion and a second to approve the Consent Agenda. If there is no discussion from Council, Madam Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 6: Community Items/Presentations A. Mayor's Anti-Drug Coalition (MADC) Presentation: Recognition of PAL Coaches Hall of Fame Recipients De Weerd: Item 6 under our Community Items we have the privilege of recognizing several coaches for their participation in our recognition program with -- or recognized program with the PAL coaches and we will be recognizing those coaches that will be entered into our coaches hall of fame and so let me come on down. So, Elisha and Brenda are here from the police department and the MADC. If you want to give a few remarks about the program and, unfortunately, I missed the handing out of awards for the most recent round, but just give a little bit of background. Figueroa: Well, for those of you who aren't familiar with the recognized program, it is, actually, an award winning substance abuse prevention program that the Mayor's Anti-Drug Coalition has developed and we work in collaboration with Meridian PAL, football and baseball, as well as Leadership First and during -- through this program we understand that coaches are a huge mentor and a huge factor in a child's life and so knowing that, we train these coaches to deliver the substance abuse prevention messages to their young athletes and we know that it takes a lot of extra time for them to do that and a lot of commitment and it's not part of what a coach normally is signing up for when they sign up to coach and so we'd like to recognize that. So, the coaches that are being recognized tonight have had their teams complete one hundred percent of the program and so it's a huge honor for them to be here tonight. And, actually, with summer being the way it is, the Fourth of July weekend just being passed, we have several coaches that have been admitted to the hall of fame tonight and only one coach that was able to come tonight and so we are grateful to him for being here. If you want to go ahead and come up, Michael McCabe, and he is one of our Meridian PAL football coaches. De Weerd: And I would like to just add a little bit to it. Our coaches -- my father was a football coach and, you know, if you look back over your growing up years, who were Meridian City Council July 6, 2010 Page 5 of 17 the influential people in your life? It was generally a teacher, maybe a scout leader, or a coach and they have a unique opportunity to not only role model, but to talk about life lessons and integrate them into the coaching experience. The recognized program has also been noted on a national level for the Police Activities League for the quality of a program that it is. In fact, both Elisha and Brenda were at the national convention in June to present the recognized program, along with our partners, the Meridian PAL and Leadership First, and this program has been voted by the national level of PAL to be their number one program this coming year. I think it speaks to the impact -- the potential impact that this program can have on our children for making good choices, because the recognized program starts with our coaches, which we truly value Mike for being here tonight and for being a roll model and a leader in sending the correct message to our budding athletes, but to make good choices and to reinforce that in practices and the game and, then, in a ceremony at the end of the season that gives those children a dog tag that businesses sponsor, recognizing their commitment to the program and giving them free items in recognition of their participation and their dedication to making good choices. So, it's -- all around it takes a community to raise our kids and this program starts with our coaches and so I'd like to thank you for being here tonight, for participating, encouraging your players to be involved, to complete the course and for emulating the right message to the kids that you lead. So, thank you. And this -- his name now has been added to the plaque and it hangs here at City Hall, so people can see the coaches that are providing time and investment in the youth of our community. So, again, thank you for being here tonight. Bird: It's all about the kids. De Weerd: It is all about the kids. Rountree: Thanks, Mike. Item 7: Items Moved From Consent Agenda De Weerd: Okay. There were no items moved from the Consent Agenda. Item 8: Action Items A. Continued Public Hearing from March 2, 2010: VAR 08-008 Meridian and Amity by Hawkins Companies Located at the Northwest Corner of W. Amity Road and S. Meridian Road, South of Harris Street: Request for Variance to UDC 11-3H-4 Which Prohibits New Approaches From Directly Accessing a State Highway to Allow 2 Right-In /Right-Out Access Points (Approximately 660 Feet From the North and South Intersections) and 1 Right-In /Right-Out, Left-In Access Point at the 1/4 Mile to State Highway 69 /Meridian Road B. Continued Public Hearing from March 2, 2010: AZ 08-005 Meridian City Council July 6, 2010 Page 6 of 17 Meridian and Amity by Hawkins Companies Located at the Northwest Corner of W. Amity Road and S. Meridian Road, South of Harris Street: Request for Annexation and Zoning of 73.10 Acres from RUT in Ada County to R-15 (Medium High Density Residential) (5.68 Acres), L-O (Limited Office) (3.22 Acres) and C-C (Community Business) (30.72) and C-G (General Retail and Service Commercial) (33.47 Acres) Zoning Districts De Weerd: So, we will move to Item 8, our Action Items. Item 8-A has been requested to continue to August 17th. I will need a motion to do so. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move that we continue Item 8-A, VAR 08-008 to our regularly scheduled meeting of August 17th, 2010. Rountree: Second. Bird: Second. De Weerd: I have a motion and a second to continue Item 8-A to August 17th, 2010. All those in favor say aye. All ayes, I assume. MOTION CARRIED: ALL AYES. Rountree: Madam Mayor, Ithink -- Nary: With some help from the clerk, the problem is that staff actually from Planning did not agree with that request and was going to ask you to move it to next week and so that they would have an opportunity to talk to the applicant and have the applicant come to make their request in person, rather than in August. But if you'd rather just do it in August, we can do that. But the staff didn't agree with that request from the applicant and that was -- that was skipped past us. I'm sorry. Friedman: Madam Mayor, Council Members, if you choose to go to August, that's certainly your pleasure, but I'm not sure that the date that was requested by the applicant is one of your hearing dates. So, if Madam Clerk could give us another hearing date in August. Holman: Madam Mayor, Members of the Council, I believe the first meeting in August normally we cancel for National Night Out. So, that would leave us the second meeting, which is a workshop and that's the 10th, and the fourth meeting, which is the 24th. Meridian City Council July 6, 2010 Page 7 of 17 De Weerd: I think we did talk about doing a meeting on the 17th. Bird: Yes, we did, because the first is the night out. De Weerd: Yeah. Holman: Okay. De Weerd: So, that date works. I guess, Council, we have a motion that has been moved and seconded and voted on. So, what would you like to do? Sorry we are so efficient, but I didn't hear anyone say anything until after the vote. Bird: Madam Mayor? Zaremba: I could make a motion to withdraw the previous motion. De Weerd: It's already been voted on. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I -- I don't see how missing the one that -- for the National Night Out, we are going to probably have to meet on the 17th. Let's just leave it to the 17th. Item 8-B, which is AZ 08-005 needs to be continued to August 17th, 2010 and I would make that motion. Hoaglun: Second. De Weerd: So, Item 8-B also wants to be continued? Bird: Yes. It's part of it. De Weerd: Okay. I have a motion and a second to continue Item 8-B as well to August 17th. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. C. Continued Public Hearing from June 22, 2010: TE 10-016 Trilogy Subdivision by Conger Management Group Located 4325 W. Chinden Boulevard: Request for Approval of an 18 Month Time Extension to Obtain the City Engineer's Signature on the First Final Plat De Weerd: Okay. Item 8-C is a continued public hearing from June 22nd on TE 10- 016. I will ask for staff comments at this time. Meridian City Council July 6, 2010 Page 8 of 17 Friedman: Thank you, Madam Mayor, Members of the Council. This is a request for an 18 month time extension to obtain the city engineer's signature on the Trilogy Subdivision, which is located on the southeast corner of Black Cat Road and Chinden Boulevard. The proposal -- the proposed preliminary plat has received an 18 month time extension from the director. That time extension expired on May 21st of this year. However, the Council time extension request was filed in a timely manner, so that it's before you tonight for hearing. The applicant has indicated due to continued market conditions they have been unable to meet the time requirements for obtaining the city engineer's signature on the final plat. Staff recommends approval with -- subject to the conditions listed in Exhibit B of the staff report and those include complying with all the previous conditions of approval for the site, submittal of a development agreement modification to include sample elevations consistent with the architectural design guidelines and the design manual and those also specified in the staff report and compliance with the open space requirement, all of that to be submitted prior to the final plat approval when the time comes for that to come forward for your consideration. So, with that, if you have any questions, I would be happy to answer them. De Weerd: Thank you, Pete. Any questions? Okay. Any comment from the applicant? Good evening. If you will, please, state your name and address for the record. Conger: Madam Mayor, Members of the Council, Jim Conger, 1627 South Orchard Street, Boise. Just -- our comment is, basically, we -- we appreciate the staff, we come up front and apologize for our continuing to ask for a time extension. We have hit a window much like you guys already know and everybody is fairly familiar with. There is no economic sense in moving forward at the current moment. We truly believe in the project and continue to find its value and keep pushing along the approvals. So, with that we do appreciate staffs help and appreciate the City of Meridian and this extension. We still believe in the project. De Weerd: Thank you. Council, any questions? Bird: I have none. Rountree: None. De Weerd: Okay. Thank you so much. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we close the public hearing on TE 10-016. Hoaglun: Second. Rountree: Madam Mayor, discussion? Meridian City Council July 6, 2010 Page 9 of 17 De Weerd: Okay. I have a motion and a second to approve. Discussion. Rountree: It is a public hearing and I wanted an offer to the public to comment. I don't think anybody wants to comment, so -- De Weerd: Is there anyone who would like to provide comment on this application? Thank you for that. Zaremba: Call the question. De Weerd: Okay. If there is no discussion, Madam Clerk, will you, please, call roll. Oh, to close. Sorry. See, I really wanted to move this along. Okay. All those in favor of closing the public hearing say aye. All ayes. MOTION CARRIED: ALL AYES. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve TE 10-016, extension for Conger Management Group. Rountree: Second. De Weerd: I have a motion and a second to approve Item 8-C. Zaremba: Discussion. Hoaglun: Just a quick question. And that's to include the conditions listed in Exhibit B of the staff report? Bird: Yes. Hoaglun: Okay. De Weerd: Okay. Mr. Zaremba? Zaremba: That was exactly my comment. De Weerd: Okay. Thank you. Madam Clerk, roll call. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. Meridian City Council July 6, 2010 Page 10 of 17 MOTION CARRIED: ALL AYES. D. Public Hearing: VAC 10-005 The Courtyards at Ten Mile by Truce, LLC Located at Southeast Corner of Ten Mile Road and Pine Avenue: Request to Vacate the Public Access /Utility Easements Platted on Lots 4, 5, and 7; Block 1 De Weerd: Item 8-D is a public hearing on VAC 10-005. I will open the public hearing with staff comments. Friedman: Thank you, Madam Mayor, Members of the Council. This is a request to vacate a series of easements located toward the Courtyards at Ten Mile project. It's located at the corner of Ten Mile and Pine Avenue. When it was originally approved there were a number of easements in place, both to -- in favor of the city and the utility companies. That was based on a specific development plan. There have been some new developers that have come into the picture and are actually going to move forward and do something out there and in order to accommodate the development, there is a need to extinguish these -- vacate these easements and provide new ones. All public utilities have given their consent to relinquish their easements. New easements have been brought to the city and reviewed by Public Works and they find those acceptable. So, staff recommends approval of the vacation of the existing easements on this project. De Weerd: Thank you. Is the applicant here this evening? Would you like to make any comment? I certainly would. I'm so glad to see that eye sore cleaned up. If you would, please, state your name and address for the record. Stiles: Shari Stiles, 613 Franklin Park Drive, Boise. De Weerd: Thank you. Stiles: I'm just here to answer any questions that you may have. We are hoping to get the utilities run there in the near future and just the way it was laid out before wasn't going to work with our site plan, so that's all we are asking for. De Weerd: Okay. Thank you. And, Council, any questions? Bird: I have none. De Weerd: Statements of appreciation? Rountree: I second the Mayor's comment. Bird: I third it. I think we all do. Stiles: Thank you. Meridian City Council July 6, 2010 Page 11 of 17 De Weerd: Okay. Thank you. This is a public hearing. Is there anyone who would like to provide testimony on this application? Okay. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we close the public hearing on VAC 10-005. Bird: Second. De Weerd: I have a motion and a second to close the public hearing on item 8-D. All of those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the vacation of 10-005. Bird: Second. De Weerd: Okay. I have a motion and a second to approve Item 8-D. Is there any discussion -- or any discussion? Bird: I have none. De Weerd: Okay. Madam Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Rountree: Madam Mayor? De Weerd: Yes. Rountree: A comment for our newest member over there on the -- on the staff edge. This particular application reminds me of an issue that's rising just east of this particular location. The weeds are getting out of hand on that subdivision that's kind of -- was going, but not going now, and I don't know where we are in terms of that, but it's -- there Meridian City Council July 6, 2010 Page 12 of 17 is a number of apartments around it, there is a number of residents around it, and I think we need to -- before it gets too dry we need to take a look at that. De Weerd: You can send code enforcement out there. Rountree: Send code enforcement out there. De St. Germain: We will do that, take a look at it. Rountree: Thank you. And congratulations, by the way. De St. Germain: Thank you. Rountree: Good to see you here. De Weerd: Yes. De St. Germain: Appreciate it. Item 9: Department Reports A. Planning Department: Ten Mile Road/Southridge Pathway and Sidewalk Discussion De Weerd: We can see what your promotion got you, duty at a City Council meeting. Lucky you. It is nice having you. Okay. Item 9-A is our Planning Department, discussion on the Ten Mile Road South Ridge pathway and sidewalk. Friedman: Thank you, Madam Mayor, Members of the Council. When Council reviewed and approved the South Ridge West rezone a few weeks back, there was discussion about the provision of the ten foot pathway that was going to run along Ten Mile Road from Overland north up to the new freeway interchange and at the time the Council voted to take that Ten Mile pathway and bring it behind the planned ACRD drainage pond there, there was further desire on the Council's part to see if the five foot sidewalk that was located between the drainage pond and Ten Mile Road would not be constructed and this was, again, the subject of discussion when you had your joint meeting with the ACHD commission a couple weeks later. Subsequent to that meeting we met with ACRD staff and they said we understand the Council's concerns, we believe from an engineering standpoint that the five foot sidewalk is still desirable to have them there, in addition to having the ten foot pathway behind the drainage pond. They took that to the commission here about a week or two ago. I got a subsequent call from the project engineer who said, you know, we have had this resurveyed and we find now that it is possible to construct the ten foot multi-use pathway along Ten Mile Road in front of the drain pond and still have an eight foot separation from the back of the curb to the roadside edge of the pathway and so my purpose in coming to you tonight is simply to say your original conditions of approval had that pathway going behind the Meridian City Council July 6, 2010 Page 13 of 17 drainage pond, how do you feel about the ten foot pathway going to the street side edge of the drainage pond with the eight foot separation from the back of curb. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Yeah, I'd love to see it. It's ten foot and you got an eight foot buffer. I think it's fantastic to go along there. Now, how we change it I don't know. How do we change it, Bill? De Weerd: Mr. Nary, how do go and change a finding in an approved -- Bird: Change the findings. Zaremba: Well, we made a condition. We need to uncondition it. Bird: Yeah. Nary: We will have to -- Friedman: Could we do it when we bring the development agreement back to Council? Nary: Yes. Yeah, that's right, we do have a development agreement that's pending. So, we can bring it back. As long as the applicant's on notice, we can bring it back with the development agreement. Bird: Okay. De Weerd: Because it was still contingent upon ACHD's approval. Nary: Yes. De Weerd: Okay. Rountree: Madam Mayor? De Weerd: Yes. i Rountree: That's a great solution and thanks to staff for working with ACHD and, Gary, our appreciation to you guys for finding a terrific solution. Thank you. That's my opinion. Do we need a motion to make sure that isn't lost in the record or you can annotate the file with as -- as the DA is developed that will be stricken? De Weerd: Request the DA to be -- Meridian City Council July 6, 2010 Page 14 of 17 Nary: It would probably be helpful to locate in the record if you make that motion and, then, we will make sure we make it a part of the DA. Rountree: Madam Mayor, development agreement for tl pathway to be removed from provided by ACRD, that would foot buffer. Bird: Second. move that we direct staff, in the preparation of the pis item that the previous condition of approval for a adjacent to Ten Mile, follow the solution that's been provide a ten sidewalk multiple use pathway and eight De Weerd: I have a motion and a second. Any discussion? Okay. Madam Clerk. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Thank you, Pete. Friedman: Thank you. B. Air Quality Board Update De Weerd: And, again, thank you, Gary. Item 9-B is an Air Quality Board update. I'll turn this over to our Council President Mr. Zaremba. Zaremba: Madam Mayor, thank you. Members of the Council. Hopefully, I will try and make this short. What I actually need is some advice and consensus on some advice to me in dealing with a situation. Real quickly, as most of you know, as of January 1st the Air Quality Board changed our emissions -- vehicle emissions testing program to comply with the state requirement in that we went to testing every other year, exempting the first four years, and allowing the stations to charge up to 20 dollars. At the time we discussed not making any changes until there had been a full cycle, which would be two years. In the interim the DEQ and Canyon county have started a program which began June 1st. Again, our Air Quality Board has taken a couple of votes that have said we will not make any changes until that program has been in effect for six months. There is a member that keeps proposing changes and we keep having public hearings and meetings about them. This last one was a proposal to change our fee structure, instead of saying up to 20 dollars, as the state law say, to say something different, like up to 12 dollars or up to 15 dollars. We held a public hearing. It was adequately noticed in the papers. Not only that, the Statesman ran a front page blurb on it the day of the public hearing. Nobody at the public hearing testified that they desired to have the rate any different than it already was, which was up to 20 dollars. Many stations are charging less than that and the up to is the operative word there. We took avote -- not at the Meridian City Council July 6, 2010 Page 15 of 17 public hearing, but at our subsequent meeting, which was Monday a week ago. This is the Air Quality Board, and the vote was a majority to retain the state -- retain the compliance of the state statute and tell our stations they can charge up to 20 dollars. Immediately upon announcing that that vote was successful, the Ada County commissioner, who I will not mention, but she has been against many things and was in the minority on this vote. Immediately announced that she is going to proceed to have Ada County start a program where they are using Systec machines. These are the machines that Canyon county is using and that Ada County is not using and that we have said we will not consider until we see six months worth of use of them. I asked her if it was Ada County's intention to withdraw from the joint powers agreement and she said no. So, I first would like to ask Mr. Nary and, then, I will ask your opinion, if she brings that subject up again, my feeling is that the purpose of the joint powers agreement is that we all do the same policy and when there is a majority vote, that's the policy. I mean that's the way this Council works. If one of us finds ourself in a minority, we get behind the majority and to try and make it work. Well, that's not happening at the Air Quality Board. And the question that Ihave -- I don't feel that it is right for the Air Quality Board to run through a different program or to have a rogue program going. I don't want the board to do that, I don't want the staff to have to deal with it, and the question that I will pose first to Mr. Nary is are you aware in the joint powers agreement, would a majority vote of the Air Quality Board members be able to expel another jurisdiction from the joint powers agreement? Nary: Madam Mayor, Members of the Council, Council Member Zaremba, my staff today looked for the joint powers agreement that -- and the reason we enacted in 1984, which was the empowering legislation that allowed the board to form the joint powers agreement, none of the local jurisdictions, including ours, have a copy of that agreement. So, I can't tell you specifically the agreement allows that. The statute doesn't allow that and your -- the subsequent enactments of the air quality act through DEQ in 1991 and 1999, don't allow members to be running a separate program apart from the join powers agreement. They can choose to not be in the -- in the group and, then, they are governed by DEQ directly. But whether or not you have the authority to actually expel a member, right now I can't tell you the answer to that, because I can't locate the agreement. I hope to be able to get that by tomorrow, but like our record -- our record system, as well as the other local jurisdictions don't have that. So, I can't tell you the answer to that, but I can tell you that if you do -- Ada County chooses to run their own program, then, they are subject to the DEQ regulations to run it separately from the joint powers group, but they can't have it both ways. Zaremba: Okay. With that explanation, I'm not on as strong ground as I thought I was before, but, again, I would like a consensus of the Council. If -- if the subject comes up and Ada County should for some reason choose a different program without withdrawing, would you authorize me to at least offer a motion at the Air Quality Board to expel them? Or should I just be quiet. Rountree: Madam Mayor, a question for David and/or Bill. Meridian City Council July 6, 2010 Page 16 of 17 Zaremba: I would not bring this up unless they actually did it, but -- De Weerd: Yes. Rountree: Are there bylaws for the Air Quality Advisory Board and as such they should govern. I think typical of bylaws it talks about voting and the general rule of how it's to operate. I'll bet it says that majority vote is where it goes. So, I don't know that you need to go to that extreme. If they don't wish to follow the bylaws, then, I believe they have automatically expelled themselves from playing anyway. So, I think your issue is taken care of. The Air Quality Board by statute is given powers and it's given a requirement to establish the bylaws by which it operates. If it's passed those and it's passed through the public officials test, then, I think we get the planning commissioners in a spot they don't really want to be in. Nary: I would concur with that, without -- again, I don't have the bylaws, but they need to follow the provisions of the agreement and the agreement -- without looking at it tonight, the agreement has to act the way you're saying, that the group has to work cooperatively or they can't be a part of the group. So, whether by action of the group they can be expelled or by their own action, by not participating and wanting to run a separate program, they are going to, essentially, expel themselves from the group. Either one of those outcomes would happen. Zaremba: Okay. All right. So, the gist that I get, I should cool my head and we will just see how it works out. I don't believe the current makeup of the Ada County commission supports her, but she has said she thinks that will change in January. I'm not convinced of that either, but -- but I will cool my head and not make an issue of it. Thank you. I appreciate your advice. I'm done. De Weerd: Any questions for Mr. Zaremba? Rountree: Don't make any changes. Bird: No. Don't make any changes. Zaremba: We had voted not to make any changes over and over, every different way you can put it. De Weerd: Well, thank you for the update. We are at the end of our agenda, which is very unique for us. We appreciate you lasting with us and, Council, I would ask for a motion to adjourn. Rountree: So moved. Bird: Second. De Weerd: All those in favor say aye. All ayes. Meridian City Council July 6, 2010 Page 17 of 17 MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 7:49 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYO MMY De Weerd DATE APPROVED .: ~ ~"~y Gr ~i~`~-~ ~.~'~ CFO ~ TTE ~~,+',~L ~ ~ G~.,~ ~a° rrUr-rr-rr n~~~~~~~ CE . HOLMAN, CITY CLERK