HomeMy WebLinkAbout2003 06-24Meridian City Council Meeting June 24, 2003
The Regular Meeting of the Meridian City Council was called to order at 7:05 P.M., on
Tuesday, June 24, 2003, by Mayor Robert Corrie.
Members Present: Mayor Robert Corrie, William Nary, Tammy de Weerd, and Keith
Bird.
Members Absent: Cherie McCandless.
Others Present: William Nichols, Brad Watson, Kenny Bowers, Doug Strong, Mike
Worley, Gary Smith, Dean Willis, and Will Berg.
Item 1. Roll Call Attendance:
__X Tammy de Weerd _ X__ Bill Nary
__O Cherie McCandless __X Keith Bird
___X__ Mayor Robert Corrie
Corrie: Well, good afternoon and good evening and we will start the City Council
Regular Agenda Meeting tonight, Tuesday, June 24, 2003, at 7:05 P.M. At this time I
would like to have the City Clerk give us the roll call attendance, please.
Item 2. Adoption of the Agenda:
Corrie: All right. Item Number 2 is the adoption of the agenda.
Bird: Mr. Mayor?
Corrie: Mr. Bird.
Bird: One addition. At the end of the Council, the president has asked that we have an
Executive Session, which would be Item Number 17, and with that addition to our
agenda, I'd move that we adopt the agenda as noted.
Nary: Mr. Mayor?
Corrie: Mr. Nary.
Nary: I'll second in a second. I think we need to define it. The 67-2345, Subsection C
and B.
Bird: Yes.
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June 24, 2003
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Nary: With that I would second.
Corrie: Okay. The motion is to adopt the agenda as stated, any other discussion? All
those in favor say aye.
MOTION CARRIED: THREE AYES, ONE ABSENT
Item 3. Consent Agenda:
A. Approve minutes of April 29, 2003 City Council and Planning and
Zoning Commission Joint Workshop:
B. Approve minutes of May 13, 2003 Special Joint Meeting with Ada
County Commissioners:
C. Approve minutes of May 27, 2003 Pre-Council Meeting:
D. Approve minutes of May 27, 2003 City Council Regular Meeting:
E. Approve minutes of June 3, 2003 City Council Regular Meeting:
F. Approve minutes of June 3, 2003 Pre-Council Meeting:
G. Approve minutes of June 10, 2003 City Council Regular Meeting:
H. Findings of Fact and Conclusions of Law for Approval: AZ 03-
006 Request for annexation and zoning of 397.11 acres from RUT
and R-1 zones to R-8, R-40, L-O, and C-G zones for proposed
Paramount Subdivision by Paramount, LLC – west of North
Meridian Road and north of West McMillan Road:
I. Findings of Fact and Conclusions of Law for Approval: PP 03-
004 Request for Preliminary Plat approval of 764 building lots and
37 other lots on 392.17 acres in proposed R-8, R-40, L-O and C-G
zones for proposed Paramount Subdivision by Paramount, LLC –
west of North Meridian Road and north of West McMillan Road:
J. Findings of Fact and Conclusions of Law for Approval: CUP
03-008 Request for a Conditional Use Permit for a Planned
Development for 764 single-family residences, 73 townhomes, 270
apartments, community center, schools and churches in proposed
R-8, R-40, L-O and C-G zones for proposed Paramount
Subdivision by Paramount, LLC – west of North Meridian Road
and north of West McMillan Road:
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June 24, 2003
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K. Findings of Fact and Conclusions of Law for Approval: PFP
03-001 Request for Preliminary / Final Plat approval of 2 building
lots on 2.46 acres in an L-O zone for Gala Park Subdivision by
Paul Aigner – 1620 Celebration Avenue:
L. Findings of Fact and Conclusions of Law for Approval: RZ 03-
005 Request for a Rezone of 4.738 acres from R-4 to L-O zones
for Christ Lutheran Church by Christ Lutheran Church – 1406
West Cherry Lane:
M. Findings of Fact and Conclusions of Law for Approval: CUP
03-012 Request for a Conditional Use Permit for a church /
preschool in a proposed L-O zone for Christ Lutheran Church by
Christ Lutheran Church – 1406 West Cherry Lane:
N. Findings of Fact and Conclusions of Law for Denial: CUP 03-
017 Request for a Conditional Use Permit for a new Carl’s Jr.
restaurant with drive-thru service by Clayton Jones – north of
Intersection of South Meridian Road, East Central Drive and South
Main Street:
O. Waterline Easement for Idaho Central Credit Union:
P. Sewer and Waterline Easement for Franklin Storage:
Q. Sewer and Water Main Easement for Tuscany Development –
Messina Village Subdivision No. 1:
R. Sewer Main Easement for Tuscany Development – Messina
Hills Subdivision No. 1:
S. Sewer and Water Main Easement for Sutherland Farms
Subdivision No. 1:
T. Lift Station Maintenance Agreement with Havasu Creek, LLC,
for Cobre Basin Subdivision No. 1:
U. License Agreement with Nampa & Meridian Irrigation District
for Sewer Crossing of Finch Lateral:
V. Change Order No. 1 for South Slough Trunk Sewer Project –
Brown Construction:
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June 24, 2003
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Corrie: Okay. Item Number 3 is the Consent Agenda.
Bird: Mr. Mayor?
Corrie: Mr. Bird.
Bird: On the Consent Agenda, Mr. Nichols, and Mr. Smith from Public Works have
asked to move Item Number W down to 5-W. Take it off the Consent Agenda and move
it down to the Regular Agenda as 5-W. With that I would move -- with that change,
move that we approve the Consent Agenda and for the Mayor to sign and the Clerk to
attest on all proper papers.
Nary: Second.
Corrie: Okay. Motion has been made and seconded. Is there any further discussion?
Hearing none, Mr. Clerk, roll call, please.
Roll call: McCandless, absent; Nary, aye; de Weerd, aye; Bird, aye.
Corrie: Okay. All ayes. Motion carried.
MOTION CARRIED: THREE AYES, ONE ABSENT
Item 4. Department Reports:
A. Finance Department:
1. Finance Report:
Corrie: Item Number 4 is the Department Reports, Finance Department. Mrs.
Kilchenmann.
Kilchenmann: Mayor, Members of the Council, there is just a couple items I want to call
to your attention tonight. The first under investments and interest income that -- if
Bruce and -- our investment advisor and I have decided at this point we can only used
the Idaho pool for investment, because there is just -- interest rates are so low that it's
not possible to go out on the bond market or find certificates of deposit that are any --
anymore than like one and one and a half percent. I will check this again, the interest
rate forecast I made to the end of the year tomorrow when I find out if the feds actually
do lower interest rates again, because we might have to revise our revenue forecast
downward and take some action on that, depending on what happens with that.
De Weerd: Mr. Mayor?
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June 24, 2003
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Corrie: Mrs. de Weerd.
De Weerd: Stacy, we didn't get a finance report.
Kilchenmann: You should -- we gave it to Sharon.
De Weerd: We got our -- we got our department -- each our department printouts on
the line items, but I haven't got a general report.
Bird: We didn't get our --
De Weerd: Have you got one?
Kilchenmann: The Mayor actually said he didn't get one and so Sharon brought it up on
our computer and showed that it was there.
Corrie: I have pulled a couple things off of it myself, so --
Kilchenmann: I'll go ahead and talk about -- and then we --
De Weerd: You can talk about it.
Kilchenmann: Make sure you get them. The interest rates -- just basically shows how
interest rates -- they are falling below two percent to one and a half percent and
investment advisor money market is like at a half percent, so we are in a holding pattern
until the market frees up and he can go back out and start purchasing bonds and
mortgage reinvestments again. The other item I was going to talk to you about was on
the overtime report. The police overtime budget -- or the actual overtime exceeds the
budget, but because of some vacancies they have, they, actually, are -- I will wait until
you guys find it. Are you finding it?
Corrie: Yes.
Bird: Yes.
De Weerd: It just was disguised.
Corrie: I just pulled some things off here, too, so --
De Weerd: Sorry. Yes.
Kilchenmann: Are you ready?
Corrie: All set.
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June 24, 2003
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Kilchenmann: Okay. On the overtime report, the police overtime is way over that
budgeted amount, because of some of the investigations they had to do, but when we
look at their overall salary, they will be fine, because they have some savings from
vacant positions and so forth, so that shouldn't be a problem. The Fire Station Number
2 is over budget, but since we have an open Fire Station Number 3, we have savings
from that, so we shouldn't have a problem with that. In reviewing the expenditure
reports, there are just a couple areas where there was some overage when you get in
and you look at the detail of those reports. In the police administration there are a few
line items that are over, but, then, there are items that are under. For example,
electricity is 15,000 dollars under the budget, so -- janitorial turned out to be under the
budget. Irrigation taxes turned out to be higher than anticipated, because there is
pressurized irrigation. Some of the office supplies are over, but that's offset by the
lower janitorial cost. In the uniform patrol area it shows a capital equipment expenditure
of 4,400 -- well, about 4,500 dollars and no budget, but that will be -- there will be a
grant reimbursement coming in for that, so that will offset that. Records are over and so
is the office expense, but it's offset by their maintenance that they are not going to need
to do. The only area in police that might need an amendment is some maintenance
that they did to the animal control building. They actually had budgeted that the prior
year, but didn't get it done during that year, so the money just reverted to the fund, so
we may have to amend and bring that item forward again, just depending on how their
overall expenses turn out. The fire -- we have a problem area in the contract labor for
the inspections, because we hadn't budgeted for that, so we are about 18,000 over
budget and looking through some of the other accounts, like for the Fire Station 3. If we
take out the amount that we are already holding back to make up the revenue shortfall,
Kenny and I think we can go through there and probably make up that contract
expense, so we will look at that and decide for sure next month. If you look at the list of
potential budget amendments, just look at the enterprise fund, currently we are looking
at about 100,000 dollar transfer from the fund balance to actually make up -- to increase
some of the project costs. General fund, so far we are looking at zero balance from the
fund balance, so all those amendments are just basically offsetting accounts moving
between operating and capital. Then, offsetting some additional revenue that we have
gotten and we also are including -- we actually put in your financial statements -- in the
financial statements the hold back, so that everybody could see that and those amounts
would not be spent. That's all I have on the finance report, unless there are some
questions.
De Weerd: Mr. Mayor?
Corrie: Mrs. de Weerd.
De Weerd: You know, I know technology is really great, but I'd love to have my finance
report on paper in front of me.
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June 24, 2003
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Kilchenmann: Okay.
De Weerd: Because trying to find some of these reports is just really --
Kilchenmann: That will be easy. We will go back --
De Weerd: I'm technically challenged.
Kilchenmann: We will go back to putting them in your boxes, as well as having them on
your CD.
Bird: Okay. Thank you.
De Weerd: Thank you.
Kilchenmann: Any other questions?
B. Fire Department:
1. Bid Award for Locust Grove Fire Station:
Corrie: All right. Thank you. Fire Department. Bid award for Locust Grove Fire
Station.
Bowers: Mayor Corrie and City Council Members, we put the bids out for Fire Station 3.
There were 19 general contractors that had came and picked up the bid packages.
Fourteen companies turned them back in. ZGA, Tom Zabala is here tonight to answer
any questions you guys might have. We -- ZGA have went through all the bids,
checked for licenses, made sure everybody's got their contractors license and
everything's approved last night, from Energy Structures, Incorporated, ESI, which is
located at Overland Road and Cloverdale, the amount was 741,965 dollars was the low
bid. Out of the 14 bids, it went from 741,000 up to 838,000. Ten of the bids -- 10 to 12
of the bids were up to snuff there. The low bid, which the Meridian Rural Fire Protection
District very close, within about 50,000 dollars. It was very close bidding. I was really
surprised it was that close. The main structure of the building itself, the bid, without the
traffic lights and stuff out front, the bid come in at the same price two and a half years
ago for Fire Station Number 2 on Ten Mile. Either there are a lot of companies that
want to put their name on a fire station or police station or there was a lot of hungry
contractors out there, one or the other.
Bird: Yes. There are hungry contractors.
Bowers: Probably so. We would -- I was just bringing the information to you. The
Rural approved it last night and signed the contracts with ZGA and ESI and we would
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June 24, 2003
Page 8 of 52
invite you people to a groundbreaking next Monday at 4:00. That would be June 30th
at
our Station 3 location to have a groundbreaking. Are there any questions?
Corrie: Mr. Zabala, you did exactly what he said and you agree with everything, that
everything is up to snuff? I like to hear your voice.
Zabala: Mr. Mayor, Members of the Council, Tom Zabala with ZGA Architects. Yes, sir.
We did -- we examined all the bids for any improprieties or inconsistencies and to the
best of our knowledge and belief all responsive bidders complied with the bidding and
the contract documents. This has been an amazing, I think, partnership between the
City of Meridian and Meridian Fire Department and the Meridian Rural Fire District on
this project. We have come along very well and I think part of the success of the bids,
not only given the economic times that we are in, has been the cooperation that we
have had from Kenny and the rural Fire Department and their staff and really looking at
this building very hard and learning from lessons of the past. We are excited and we
are anxious to get this one underway. I'll stand for any questions.
Corrie: Any questions?
Bird: I've got a question.
Corrie: Mr. Bird.
Bird: Tom, how come -- how come we had some problems with the depository for the
electrical bid? When a guy pulls his bid at the depository and the contractor lists him on
the -- as this electrical contractor, but he's pulled it officially from the depository, isn't
that -- that isn't kosher with what -- the way bids should be done in the Public Works
thing. As far as I'm concerned, if you go out there and pull that thing from the bid
depository and, then, all of a sudden just because one general contractor evidently
don't call and find out that he's pulled his bid and runs it through, I know it's too late to
do anything about it, but it seems like about every bid that we have coming through we
have problems on. We have -- and I know it's not any of you guys' fault, but there is
some that we just -- if they don't have their forms right and, you know, if a guy has
pulled his bid from the depository, then, he's pulled the bid, as far as I'm concerned. I
know -- I've went down and I know the whole story, I've had about three contractors call
me, so I know how it was solved and how it was done and it's too late to do anything
about on this one, but we just need to not be opening these bids. If they are not kosher,
they don't get opened.
Zabala: Mr. Mayor, Councilman Bird, at the time of the bid opening, of course, the
knowledge of that situation was not apparent to us, so we had no reason at that time to
reject the bid for any inconsistencies that were -- that occurred there. I don't know the
daily workings of the bid service. I do know that it is -- some generals choose to go to
the bid service to retrieve bids for major mechanical electricity subcontracts, others do
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June 24, 2003
Page 9 of 52
not. We gave everybody -- the awarded contractor ESI, the opportunity to comment on
that. They indicated right immediately after the bid that they were comfortable with the
bid. They restated that last night in our contract negotiations with them and provided
some additional information. We asked for -- the district asked for and got additional
background information on S&J, as well as their fire alarm system subcontractor. We
provided that information to them and everything, at least to the best of our knowledge,
appeared within the realm of what we were to make our decision upon. I do appreciate
exactly what you're saying, Councilman Bird, those things do happen and,
unfortunately, I don't think there is anything within our purview with the Public Works law
that prevents anything like that from happening.
Bird: But another thing, Tom, is what section -- what section was the auxiliary backup
generator in?
Zabala: In 16.
Bird: In electrical?
Zabala: Electrical. Yes.
Bird: And they are furnishing that?
Zabala: Yes. Under electrical contractors they would.
Bird: They are, actually, furnishing the whole -- the auxiliary generator and everything?
S&J Electrical is doing that?
Zabala: That is my understanding. We don't have the detail of their -- of what they
have provided, but it would be under Division 16, responsibility to provide that
generator.
Bird: Thank you very much and I know that you guys do it up front first class, so I just
don't like to see -- it seems like we are getting -- well -- and I'm sure a lot of it is
because we are finally getting out and getting some bids out, you know, building some
stuff that we went years without ever doing, so that's probably -- we are probably getting
some problems that other cities and public entities have had before and we are just
getting them once in awhile and I just -- I don't want to run off contractors. I like to see
14 contractors come bid it, because we know we get a decent price and a true price
with that type of deal. Thank you very much.
Zabala: Thank you. Were there any questions?
Corrie: Anymore questions?
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June 24, 2003
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De Weerd: Mr. Mayor?
Zabala: Thank you, Mr. Mayor.
Corrie: Just a minute. We may have one.
De Weerd: Just a comment for Kenny. I made it last night to the Rural Commission
that this partnership is unique and we are excited to see it work. The groundbreaking is
truly that, it will be a groundbreaking in a sense of a new level of partnership with the
Rural Commission and this is pretty exciting.
Bowers: Yes, it is. Thank you. Mayor and City Council, Councilman Bird, thank you for
being patient with us and bringing up the concerns, because, as you know, we want to
build some more fire stations in the future, so we will learn. We will learn.
Corrie: Kenny, I notice that Doug Strong isn't here, but the comment you made about
wanting their name on the building, maybe he should get together with some of those
contractors and -- for the construction of outhouses. You can always put a name on it.
Or least we have tried to, anyway.
De Weerd: We did address the sidewalk issue.
Bowers: Yes. We talked the sidewalk issue.
Corrie: Okay.
Bowers: And I want to thank Sharon Smith, she works in Will Berg's office, and she
helped us with the bid openings and I guess she was kind of glad she wasn't sitting in
the hot seat today, so --
Corrie: Okay. All right. Thank you, Kenny.
Bowers: Thank you.
Item 5. (Items Moved from Consent Agenda):
W. Agreement for Services with HDR Engineering for Phase 1 of
Facilities Safety Assessment and Safety Manual Development:
Corrie: Okay. Item Number 5 is Item W on the Consent Agenda, which was withdrawn
to be discussed here, the agreement for services from HDR Engineering for phase one
of Facilities Safety Assessment and Safety Manual Development. Kenny -- or, excuse
me, Gary.
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June 24, 2003
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Smith: Thank you, Mr. Mayor, Council Members. This is a contract that we are
requesting approval on to begin -- and I think that you have a copy of the contract in
your -- or on your disk for our safety manual assessment report for Public Works
Department. The issue is on page five -- excuse me. Yes, five under Item 5.0,
payments to HDR, the consultant. They list a lump sum payment amount of 91,262
dollars. That number should be 64,518 dollars. That's shown on Page 6. The
additional cost that makes up that 91,000 is an optional item that we are not going to do
at this time. The request for approval of this agreement would be made pending the
change of that number under item 5.0 of 91,262, changed to 64,518.
Bird: Mr. Mayor?
Corrie: Mr. Bird.
Bird: Gary, that's all that we need to do at this time?
Smith: Yes, sir.
Bird: Pending -- approve this pending the change from 91,252 or to whatever.
Smith: 91,262.
Bird: 262.
Smith: Yes.
Bird: To 64,518.
Smith: Yes, sir.
Bird: And, then, at that point, if that's changed, then, authorize the Mayor to sign and
the Clerk to attest.
Smith: Yes, sir. Correct. Thank you.
Bird: Mr. Nichols have anything to --
Corrie: Mr. Nichols is shaking his head no. Mr. Bird, do you --
Bird: Mr. Mayor, I would make a motion that we approve the agreement for services
with HDR Engineering for Phase 1 of Facilities Safety Assessment Safety Manual
Development, with the agreement being changed on Item 5.0. Payments to HDR, from
91,262 dollars to 64,518 dollars and if that is agreeable with Gary and the attorney, that
the Mayor to sign and the Clerk to attest and we go ahead and enter into the contract.
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June 24, 2003
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Corrie: Okay. Thank you, Mr. Bird. Do I hear a second?
Nary: Second.
Corrie: Okay. Motion has been made and seconded to approve the agreement with
changes, any further discussion? Hearing none, roll call vote, Mr. Berg.
Roll call: McCandless, absent; Nary, aye; de Weerd, aye; Bird, aye.
Corrie: Okay. Three ayes. Motion carried.
MOTION CARRIED: THREE AYES, ONE ABSENT
Item 6. Ordinance No. : Fence Variance Ordinance:
Corrie: Item Number 6 is Ordinance Number 03-1029, Fence Variance Ordinance. At
this time I would like to have the City Clerk read the Ordinance Number 03-1029 by title
only.
Nichols: Mr. Mayor?
Corrie: Mr. Nichols.
Nichols: Mr. Mayor, I'd ask that the Council defer action on this. The Planning Director
made -- requested some changes to the Fence Variance Ordinance that were a little
more extensive than what I thought when we last spoke and so we need to -- I need
additional time to review those and work out potential differences of opinion with her
before we bring it to you. The substance will remain the same in terms of the -- those
waivers being done administratively, as opposed to having to have the committee type
approach, but there is just some things that we need to hammer out.
Corrie: Okay. July 1st
?
Nichols: I would say at least two weeks.
Corrie: The 8th
?
Nichols: Put it on the 8th
.
Corrie: Okay.
De Weerd: We want to make sure Council Member McCandless is here for this.
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June 24, 2003
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Corrie: She will be back the 8th
.
Nary: The McCandless ordinance, I think --
Bird: Yes. McCandless ordinance, isn't it?
Corrie: Yes. She promised she would be back for the 8th
\, no holds barred. All right.
Bird: Mr. Mayor?
Corrie: Mr. Bird.
Bird: I would move that we extend the Fence Variance Ordinance until July 8, 2003.
De Weerd: Second.
Corrie: Okay. Motion has been made and seconded to delay the ordinance on the
Fence Variance Ordinance until July 8, 2003, any further discussion? All those in favor
say aye. Opposed no? All ayes. Motion carries.
MOTION CARRIED: THREE AYES, ONE ABSENT
Item 7. FP 03-033 Request for Final Plat approval of 7 building lots on 14.31
acres in C-G and C-N zones for Devon Park Subdivision by Fairview
Lakes L.L.C. – 824 East Fairview Avenue:
Corrie: Item Number 7 is Final Plat No. 03-033, request for a Final Plat approval of
seven building lots on 14.31 acres in C-G and C-N zones for Devon Park Subdivision by
Fairview Lakes, LLC, 824 East Fairview Avenue. At this time I will invite staff's
comments first.
Powell: Mr. Mayor, Members of the Council, the applicant was required to submit
revised Landscape Plans, so that we could include those in your packet. We did
receive revisions yesterday afternoon, but they still didn't meet all the requirements that
he was asked to do, so we are asking you to table -- or continue this item, so that he
has a change to revise that plan.
Corrie: All right, Anna. Anything --
Powell: Well, we still don't have correct plans, so I would table it at least two weeks, so
that we can get that to you.
Corrie: All right, Council, motion to reschedule Final Plat?
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June 24, 2003
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De Weerd: To July 8th
?
Corrie: July the 8th
.
De Weerd: Mr. Mayor?
Corrie: Mrs. de Weerd.
De Weerd: I move we continue final -- the request for Final Plat approval of seven
building lots on 14.31 acres in a C-G and C-N zone for Devon Park Subdivision to July
8, 2003.
Bird: Second.
Corrie: Okay. Motion has been made and seconded to reschedule the Final Plat 03-
033 by Devon Park Subdivision until July 8, 2003, any further discussion? Hearing
none, all those in favor say aye. Opposed no? Okay. Rescheduled to July the 8th
.
MOTION CARRIED: THREE AYES, ONE ABSENT
Item 8. FP 03-034 Request for Final Plat approval of 84 building lots and 12
other lots on 23.09 acres in an R-8 (PD) zone for Champion Park
Subdivision No. 1 (fka Parkstone Subdivision) by Hillview Development
Corporation – west of North Eagle Road and north of East Ustick Road:
Corrie: Item Number 8 is the Final Plat 03-034, request for Final Plat approval of 84
building lots and 12 other lots on 23.09 acres in an R-8 PD zone for Champion Park
Subdivision No. 1, also known as Parkstone Subdivision, by Hillview Development
Corporation, west of North Eagle Road and north of East Ustick Road. At this time staff
comments first.
Powell: Mr. Mayor, Members of the Council, just a quick update. This is between
Locust Grove and Ustick and the area shown, Summerfield Subdivision is just adjoining
it to the west there. This is the proposed Final Plat at this time. It does provide the
entry road off of Ustick. We have had very little concerns. The applicant has
addressed a slight inconsistency in a couple of our conditions of approval, but,
otherwise, this one is very much good to go.
Corrie: All right. Thank you, any questions of Anna? Okay. Is the applicant here this
evening?
Nary: If I could ask Mrs. Powell.
Corrie: Okay.
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June 24, 2003
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Nary: So, is the park on the east side of that roadway?
Powell: Yes.
Nary: So, this is just the first phase.
Powell: Correct.
Nary: Okay. Thank you.
Corrie: Is the applicant here tonight? Any comments, Becky?
McKay: Mr. Mayor, Members of the Council, I believe we are all in agreement with
staff's conditions of approval. The only thing I notice, we do need to coordinate like any
curb cuts or landscaping along the collector with your Parks Department, because the
park is going to be on the east side. I'd like -- I don't think there was any language in
there concerning that.
Corrie: Okay.
Nary: I think you need to put your name on the record, though.
McKay: Becky McKay 1100 East Valli-Hi, Eagle.
Corrie: Thank you, Becky.
Bird: Mr. Mayor?
Corrie: Mr. Bird.
Bird: Does Doug have any comments? I see he's there.
Corrie: Doug, any comments about the -- you'll work with --
Bird: Any problems working with them?
Corrie: Okay. Does that meet with your approval, Mr. Bird?
Bird: Yes, it does. Certainly does.
Corrie: Okay, then, any other questions? Okay. I'll entertain a motion on the Final Plat
approval.
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June 24, 2003
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De Weerd: Mr. Mayor?
Corrie: Mrs. de Weerd.
De Weerd: I move we approve the request for Final Plat of 84 building lots and 12
other lots on 23.09 acres in an R-8 PD zone for Champion Park Subdivision No. 1,
formerly known as Parkstone Subdivision, by Hillview Development Corporation. Ask
the attorney to draw up Findings of Facts and Conclusions of Law and Decision and
Order.
Bird: Second.
Corrie: Motion has been made and seconded to approve the Final Plat for Champion
Park Subdivision No. 1. Is there any other discussion? Hearing none, roll call vote, Mr.
Berg.
Roll call: McCandless, absent; Nary, aye; de Weerd, aye; Bird, aye.
Corrie: Motion is approved.
MOTION CARRIED: THREE AYES, ONE ABSENT
Item 9. FP 03-035 Request for Final Plat approval of 38 residential building lots
and 4 office lots on 16.17 acres in an R-8 (PD) zone for Sundance
Subdivision No. 3 by Sundance Limited Company, LLC – northeast
corner of North Meridian Road and East Ustick Road:
Corrie: Item Number 9 is a Final Plat 03-035, request for Final Plat approval of 38
residential building lots and four office lots on 16.17 acres in an R-8 PD zone for
Sundance Subdivision No. 3 by Sundance Limited Company, LLC, northeast corner of
North Meridian Road and East Ustick Road. We will hear from staff.
Powell: Mr. Mayor, Members of the Council, as you can see, the site, as you said, is on
the northeast corner of Meridian and Ustick. This was the first phase. The second
phase is kind of in this general area here and, then, as you will see, the third phase
comes in here. The entry road here is provided by the first phase and, then, this little
portion of it comes in the second phase and you can see that there. Here is the third
phase. The residential lots are here and these are the four office lots. Landscape Plan.
There was one outstanding issue on this plat and that's regarding the transfer of
ownership of the pressure -- pressurize irrigation system -- pressurized irrigation
system, there we go. Third time is the charm. I believe they have worked it out with
Public Works and I'll let Public Works speak to that issue.
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June 24, 2003
Page 17 of 52
Watson: Mr. Mayor, Council Members, I think Becky McKay's letter, dated June 19th
,
site-specific comment Number 2, addresses what has occurred out there. There are no
problems from Public Works' perspective.
Bird: Mr. Mayor?
Corrie: Mr. Bird.
Bird: I got a question for Brad, but I think he's talking to -- he's talking about the
questions I have got to ask him. We had a -- Doug Strong from the Parks Department
had a question regarding the irrigation piping and has that been worked out, is what I --
Powell: Mr. Mayor, Council Member Bird, that is, indeed, what they are talking about
briefly here.
Bird: Okay.
Watson: Mr. Mayor, Council Members, Councilman Bird, I was just talking with Mr.
Strong. I don't know that he's had an opportunity to review the detailed construction
plans and I'm sure we have, although I don't personally know that, but I'm sure they are
in our office. We will get a set to him and -- so he can review those and we'll get it
worked out one way or the other, yes.
Bird: Oh, I have no doubt about that, but I just wanted to make sure everybody was
comfortable with that deal. If we are going to pass on something, I don't want us getting
hung out and I don't want the developer to get hung out, too, on something that we are
not -- I want to make sure we are all clear on what the situation is and the solving of the
problem is the main thing.
Watson: They are required to tile those ditches or laterals and we -- if it's not a
jurisdictional ditch, we will review those. If it's under Nampa-Meridian's jurisdiction, they
will review and inspect those, but this is more of a construction --
Bird: Do you and Doug and Becky feel comfortable with this -- with this draft?
Watson: Well, I think so. They are required to pipe it, so the details are in the plans
that are under review right now and there is always some tweaking after you guys
approve these plats that goes on, so --
Bird: I realize that. Yes.
Watson: We'll make sure Doug gets his proper say in it.
Corrie: Thank you, Brad. Becky.
Meridian City Council Meeting
June 24, 2003
Page 18 of 52
McKay: Becky McKay, 1100 East Valli-Hi. Anna, could you put the vicinity map back
up? There we go. Just for information for the Council, there is a lateral that comes
along this boundary and there is an application for Preliminary Plat that was into the city
on this property. Nampa-Meridian informed me that their jurisdiction on this facility
stops right here and this lateral becomes private and it goes like this across our
frontage and, then, it feeds your regional park and Cedar Springs pump station and it
feeds our pump station that's located here. Nampa-Meridian recommended that I send
a letter to Bruce Freckleton informing the city that they needed to be aware of the fact
that this is private and needed to make sure that it was sized appropriately and
easement -- the appropriate easements protected that, since it did service our project,
the school -- or the park and, then, Cedar Springs. I sent that letter in. We did send
construction plans over to your parks department, also with a letter that Kathy
Stroschein prepared, because the park -- the city is a downstream user. It is a condition
of approval of your Public Works Department that if we have a private users ditch that is
feeding parcels downstream, that we get letters of approval from them approving the
size and piping of that facility. We did send those construction plans to Public Works
and to your Parks Department for their review. I did speak with Elroy. Elroy Huff gave
me the inches of water that come down that facility, the water usage of the regional
park, the sizing of the boxes -- or the pipes coming out of your boxes and we used that
information in preparation of our plans. We have been working closely with your Parks
Department and Public Works to make sure that that is protected and that we have no
problem as far as downstream. Now, I did see the memo from Doug Strong talking
about the amount of trash that's coming down that facility. I don't know where the
nearest trash rack is. We are taking our source right at this location here at the
southeast corner and I don't -- I have not been aware of any trash problems or plugging
our pump station. Now, I mean it's open through here. We will be piping it with this
phase, just the phase that we are platting, but we will pipe the remainder of it when we
plat this -- Final Plat that. I don't know if I can solve the trash problem that the Park
Department's having. I don't know if that's within my power, but I can talk with Nampa-
Meridian about that. Maybe the problem is through this parcel. When they develop
this, it should be piped through here, based on your ordinance. Hopefully, we will get
rid of those issues. As Brad indicated, this particular property is split between Settler's
and Nampa-Meridian Irrigation District and, unfortunately, I have multiple projects, we
are at that boundary now, and their -- the attorneys for Nampa-Meridian and the
attorneys for Settler's Irrigation District cannot agree on what is the legal assessment
for each district and they are fighting, because Nampa-Meridian will do tax deeds if you
don't pay and they send notices to each -- or they send a bill to each individual lot
owner. Settler's sends only one bill to the association, they do not do those tax deeds if
you are in areas on your water assessment. They are fighting and until such time our
association has to maintain the system to make sure that this system is operated
correctly. I have provided the name of the pump company, the irrigation maintenance
company, and I have provided evidence that these companies have been contacted
with to maintain this system. It's designed to Nampa-Meridian standards, it's being
Meridian City Council Meeting
June 24, 2003
Page 19 of 52
inspected by Nampa-Meridian, but also to cover our bases, we are also paying the city
inspectors to do a private inspection in the event the Nampa-Meridian does not accept
this system. We are doing everything we can to wrap this up. It's between the
attorneys and my -- the information I have, they cannot come to an agreement. That's
it.
De Weerd: Mr. Nary can understand and sympathize with you.
Corrie: All right. Thank you. Okay. Other questions? All right. Then, the request is for
Final Plat approval. Do I hear a motion?
Bird: Mr. Mayor?
Corrie: Mr. Bird.
Bird: I would move that we approve the FP 03-035, the request for Final Plat approval
of 38 residential building lots and four other lots on 16.17 acres in a R-8 PD zone for the
Sundance Subdivision No. 3 by Sundance Limited Company, LLC. Northeast corner of
North Meridian Road and East Ustick Road, for the attorney to draw up Findings of
Facts and Conclusions of Law and Decision and Order and to incorporate all staff and
applicant comments as stated publicly tonight and that's it.
De Weerd: Second.
Corrie: Okay. Motion has been made and seconded to approve the Final Plat on
Sundance Subdivision No. 3. Is there any further discussion? Hearing none, roll call
vote, Mr. Berg.
Roll call: McCandless, absent; Nary, aye; de Weerd, aye; Bird, aye.
Corrie: Okay, All ayes present. Approved.
MOTION CARRIED: THREE AYES, ONE ABSENT
Item 10. FP 03-036 Request for Final Plat approval of 93 building lots and 9 other
lots on 31.14 acres in an R-8 (PD) zone for Verona Subdivision No. 1 by
Primeland Development, LLP – northeast corner of West McMillan Road
and North Ten Mile Road:
Corrie: Item Number 10 is a Final Plat, 03-036, request for Final Plat approval of 93
building lots and nine other lots on 31.14 acres in an R-8 PD zone for Verona
Subdivision No. 1 by Primeland Development, LLP, northeast corner of West McMillan
Road and North Ten Mile Road. At this time we will have staff comments.
Meridian City Council Meeting
June 24, 2003
Page 20 of 52
Powell: Mr. Mayor, Members of the Council, you saw this Preliminary Plat not too long
ago, so this is a quick turn around on the first phase of the Final Plat. As you
mentioned, it is in the northeast corner of Ten Mile and McMillan. The first Final Plat --
we change orientation here. This is -- I hate this arrow. There we go. This is Ten Mile,
so north is going in this direction, toward the left of the page. The entrance road is
here. As you will recall, they are dedicating parkland, that's this large area over here,
which is somewhat trimmed off. This is the entrance and, then, the residential lots.
This is also an open space storm drain lot. There are three outstanding issues. The
first being that there is a -- there is a storm drainage facility in this corner. The exact
size wasn't known when we went into the Preliminary Plat. They have determined that
now. There was a -- it is on the park property currently. There was a question of
whether it was appropriate to have it on park property, given the maintenance concerns
with the drainage facility, so I believe that the applicant and staff have worked out an
agreement that will require them to put that facility on a separate lot and, then, the
homeowners association will be responsible for the maintenance of that lot. The rest of
-- the remainder of the parkland would be -- the remainder of the lot would stay with the
park. The second issue, which is rather minor, is that the park does intend to put a
parking lot in this area at some point and we just need to insure that -- again, that we
can work out some curb cuts for the -- for access to that park -- future access to that
parking lot. The third issue regards kind of an off-site issue. I believe you have a letter
from the Gibson's Attorney, which is Mr. Ed Miller, of Pursley and Givens, and there was
concern at the Preliminary Plat stage and recognition of that concern that the
homeowners of this development may complain about the office and multi-family that
was approved with Lochsa Falls. The applicant -- or the Gibson's attorney has
suggested that a note be placed on the plat regarding the proximity of that
development. Staff would prefer that that comment be made in the CC and R’s. We
don't like to see unnecessary information on the Final Plats. The applicant is a bit
anxious about putting that -- a statement in the CC and R’s, because, although it has
been conceptually approved for office and multi-family, the site-specific -- or the detailed
approval has not come forward yet. What staff would suggest is that that those CC and
R’s just acknowledge that, that there is a preliminary approval for office and multi-family
near this development, but that -- that they acknowledge that that's there, but that
doesn't prevent them from having comments or input on the detailed approval of that
property. Those were the three issues from staff concerns.
Corrie: Any other staff comments? Okay. Does the developer -- you're doing triple
duty tonight, Becky.
McKay: Becky McKay, 1100 East Valli-Hi, Eagle. As Anna indicated, we do have a
couple of issues on this. Historically, all of the storm drainage from this property -- this
is the low point -- comes to this point here. The storm drainage -- or not the storm
drainage, but the waste drainage from the agricultural parcels to the east come along
our property here and, then, they turn and they come down here and, then, there is a
huge pond right here that has an overflow to the west through -- off Ten Mile Road and
Meridian City Council Meeting
June 24, 2003
Page 21 of 52
that is the Lochsa park that I believe now the city owns. I think that's been a done deal.
We looked at all alternatives as far as our storm drainage and just topographically this
was the only place that we could get -- put this collector drainage. We have always
stated that if it was problematic for the Parks Department or a concern of the Council,
that we would just create a lot line here and keep this as a common lot under the
association for their maintenance. We do not want to put any undue burden on the city
in the future and if Doug's not comfortable with it, then, I say we draw -- just put a
common lot line right here and, then, all of this would be deeded to the city, if that's
what the Council would like. I have spoken with Doug concerning services. We will be
tapping this main line that's already constructed here and goes to Lochsa Falls and a
water -- 12 inch water main, we will be tapping that line for our parcels here and we will
tap that line and put the services in for the Parks Department. Their services will be in
at our expense. I also indicated to Doug that if he can estimate his curb cuts, since this
portion here will be vertical curb, they would have to come in and saw cut an access
point if the parking lot was determined to be say right here. This here would be rolled
curb, since that's a local street, so, therefore, they would have opportunity to put that
curb cut at any point. It's savings to the Parks Department if we can put that in when
they do the pour versus them coming in and saw cutting. We will work with Doug as far
as those services and the curb cuts are concerned. And, like I said, if he's not
comfortable with that storm drainage pond, the heavy maintenance is taken care of by
ACHD, but light maintenance is required as far as mowing, replacement of any
vegetation and so forth. We also need to coordinate with the Parks Department on all
this collector landscaping here to make sure, obviously, the tree varieties, the sprinkler
system can at some time be connected to their sprinkler system when Lochsa -- the
rest of Lochsa develops and that the varieties and seed mixes and everything are
appropriate for the Parks Department standards. Lastly is the issue concerning the
Gibson property, I got a little bit agitated at the Gibson's attorney. I was very
cooperative with Mr. Clark, he sent me a letter to my home, I submitted it into the public
record, I brought the attention to the Planning and Zoning Commission, to the staff, to
the letter, it was included in the Findings of Facts, Conclusions of Law. When we got
the draft Findings of Facts and Conclusions of Law I think we added multi-family into
the statement that said commercial when we sent that over to Marlene, but I don't think
it got in there, but, nonetheless, we have been very cooperative. Mr. Miller got very
agitated with me when I told him that the Findings of Facts, Conclusions of Law had
been adopted and approved by the Council and the only thing we had left was an
ordinance amendment and the development agreement. He misunderstood me and
thought that everything had been completed, then, he called Mr. Nichols and, then, he
called me back and left me a very disturbing message and I called him back and my
cooperation with him at that point in time ended, because I had been extremely
cooperative, so had my client, and he got, I thought, very rude. My client's position is
we don't want to put a note on the plat. There are no instances where this Council has
asked anyone to put a note on a Final Plat stating that they accept the development
that adjoins it and that they give cart blanche to those people. Like I told my client,
there is no specific Site Plan approved in Mr. Gibson's property, it's only a bubble plan
Meridian City Council Meeting
June 24, 2003
Page 22 of 52
as far as the multi-family is concerned. The office will have to come back as a CU, so
will the multi-family. I don't want somebody at some point in time whipping out a copy of
that plat and saying, well, we are putting a three story building -- in fact, we don't even
adjoin the multi-family or the office with this phase. I think it's irrelevant, but I don't want
them coming back and putting a three story building and asking for a Variance of
exterior setback or something and saying you have no right to comment, because on
your plat it says you recognize and accept us and it says the same thing in your
covenants. That is our concern. Mr. Miller got my fur up, so I mean --
Corrie: We couldn't tell.
McKay: Anyway, so that's our position. We just don't feel it's right. It's never been
done before and I don't think it's appropriate that we do it now. We accepted their letter,
we entered it into the record, and it's in our findings that they exist, that at some point in
time that development will take place, but I don't want that misconstrued and that's our
position. Thank you.
Nichols: Mr. Mayor?
Corrie: Mr. Nichols.
Nichols: Mr. Mayor, Members of the Council and Becky, the Final Plat idea came out of
a conversation that I had with Mr. Miller, so you can be mad at me, too.
McKay: No.
Nichols: But the discussion I had with him was with regard to somebody buying those
lots along there that -- that they understand that there might -- and these are my words
-- might be commercial and multi-family residential beyond their fence. When I
discussed the possibility of having a note on the Final Plat, I guess kind of what I had in
mind is, you know, how you have a plat and, then, it says unplatted, something that
might say something like, you know, future commercial, multi-family residential. I did
not intend by that comment that it meant that somebody within 300 feet could not
comment, provide testimony, object to the potential plan or anything like that, it was just
a matter of trying -- it appeared to me that perhaps I didn't adequately address the issue
in preparing the Findings with regard to Mr. Clark's letter and so this was an idea that I
came up with, so -- but I certainly didn't intend that to mean somebody would have to
accept whatever Mr. Gibson might put up. It was simply intend as something that
somebody looking at a map would know that beyond the fence -- there is nothing there
now, but it could be commercial or multi-family in the future, because that's what it had
been conceptually planned for. That's all.
Corrie: They still could take testimony.
Meridian City Council Meeting
June 24, 2003
Page 23 of 52
Nichols: Mr. Mayor, I don't think you can take that right away in a Final Plat note
anyway.
Corrie: That's right.
McKay: Mr. Mayor, Members of the Council, I don't know if Mr. Priester will even allow
us to put something like that on the plat. I don't know. We usually find out when we get
there.
Nary: Mr. Mayor?
Corrie: Mr. Nary.
Nary: Yes. I sure appreciate the discussion, because I do think it's always best to try to
get as much notice, but I guess I'm afraid of always having to do this on every other
type of development. I mean, you know, the number one place somebody has to look,
if they want to decide what might be on the other side of their fence, is that map right
there. That's where they have to start. You know, there is guarantee what's going to be
on the other side of your fence and I guess I'm afraid that by doing this we are going to
set some precedent that on every single development we are going to try to make sure
there is some notation as to what could be next door when we don't know what it's
going to be and so I guess I'm more of the mind set of although I think that was a good
intent by Mr. Nichols and Mr. Miller to try to provide some notice to people, I'm just
afraid we are going to have to do this all the time and I don't know that that's a real
good thing, because I think we will miss some, so I don't know that we really need to do
that.
De Weerd: Mr. Mayor?
Corrie: Mrs. de Weerd.
De Weerd: I agree with that statement. I think that the responsibility is from the
adjoining property owner, if he wants to put signage up that states that -- you know,
certainly, after some experiences this Council has had with what happens in an empty
field and they happen to be apartments, that people get really particular about those
things, so I do understand the issue of notice, but I think that responsibility is to the
property owner that is adjoining yours and not necessarily on the plat. Like Councilman
Nary said, we are setting ourselves up for a precedence here that -- and I don't want it
set in stone. If he wants to give notice to his neighbors on what he potentially will do
with his property, I think he has the freedom to do that through signage.
McKay: Mr. Mayor and Councilwoman de Weerd, I think that's a good idea and that's
been done before. Mr. Cavin did that for Heather Meadows on his piece at the
intersection, that that is commercial -- intended for commercial development, so those
Meridian City Council Meeting
June 24, 2003
Page 24 of 52
Heather Meadows people who buy there are very aware that that's what's going to
happen, because they are Boise and he's Meridian.
De Weerd: Yes.
Nichols: Mr. Mayor?
Corrie: Mr. Nichols.
Nichols: Mr. Mayor, Members of the Council, you also need to address the staff's
recommendation about having something in the CC&Rs, not just the Final Plat note,
because your staff recommendation was that it be included in the CC&Rs and Ms.
McKay's position is it should not be, so you need to address that in your decision, too.
Corrie: Correct. Thank you, Becky.
Powell: Mr. Mayor?
Bird: Mr. Mayor, Anna.
Corrie: Anna.
Powell: Members of the Council, I did remember one other thing while Becky was
talking and I'm sure it won't be a problem, but these trees are spaced quite consistently
along here and when we do request those driveway cuts, it may be necessary to
relocate a tree or two to facilitate the actual driveway getting in there and we would ask
that they be allowed to relocate that tree onto the park property, rather than within that
landscape strip, because there just won't be enough room.
Corrie: Okay. Thank you, any other discussion? Okay. Then, I will entertain a motion,
if you so desire.
Nary: Mr. Mayor?
Corrie: Mr. Nary.
Nary: I would move the approval of FP 03-036, request for Final Plat approval of 93
building lots and nine other lots on 31.14 acres in an R-8 PD zone for Verona
Subdivision No. 1 by Primeland Development, LLP. At the northeast corner of West
McMillan Road and North Ten Mile Road, to include all staff comments with the
amendment of special consideration number two to delete the last sentence of that
consideration, so that it is not going to be a requirement that this be either on the plat or
in the CC&Rs. I think the property owner Mr. Clark can make that known if he wants to,
to include all staff comments and comments of the applicant. I don't think there was
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June 24, 2003
Page 25 of 52
any particular requested changes, other than to the -- number one, about working with
the Parks Department requested by the applicant, so we would ask to include that as
well. And for counsel to prepare Findings of Facts and Conclusions of Law and
Decision and Order.
Bird: Second.
Corrie: Okay. Motion been made and seconded to approve the Final Plat of Verona
Subdivision No. 1 with all staff comments and inclusions in the motion, any further
comments? Hearing none, roll call vote, Mr. Beg.
Roll call: McCandless, absent; Nary, aye; de Weerd, aye; Bird, aye.
Corrie: All ayes present. Motion passes.
MOTION CARRIED: THREE AYES, ONE ABSENT
Item 11. Continued Public Hearing from June 10, 2003: AZ 03-002 Request
for annexation and zoning of 19.79 acres from RUT to C-G zones for
Callister Development by Dave Callister – southwest corner of West
Overland Road and South Stoddard Road:
Item 12. Continued Public Hearing from June 10, 2003: CUP 03-001 Request
for a Conditional Use Permit for a contractor’s yard for an excavation
company and mini-storage facilities on 5.91 acres for Callister
Development by Dave Callister – southwest corner of West Overland
Road and South Stoddard Road:
Item 13. Continued Public Hearing from June 10, 2003: CPA 03-001 Request
for a Comprehensive Plan Amendment to change approximately 12.25
acres of the site from mixed-use-neighborhood to commercial for Callister
Development by Dave Callister – southwest corner of West Overland
Road and South Stoddard Road:
Corrie: Item Numbers 11, 12, and 13, with no objections, I will continue the Public
Hearing. Item Number 11 is a request for annexation and zoning of 19.79 acres from
RUT to a C-G zone for Callister Development by Dave Callister. Also Number 12 is the
request for a Conditional Use Permit for a contractor's yard for an excavation company
and multi-storage facilities on 5.91 acres for Callister Development, and also the
Continued Public Hearing requesting for a Comprehensive Plan amendment to change
approximately 12.25 acres of a site for mixed-use neighborhood to commercial for
Callister Development. If there are no objections, I will open all three agendas on the
Continued Public Hearing and invite staff comments first.
Meridian City Council Meeting
June 24, 2003
Page 26 of 52
Powell: Mr. Mayor, Members of the Council, this is, as you said, on the southwest
corner of Overland and Stoddard. The property does have some existing -- or did have
some existing buildings in this area here. Those have been removed, but the
foundations are still there, but the actual buildings are gone. The proposed -- let me go
up for a second. As you can see, Bear Creek Subdivision is here, Queenland Acres
here. This is industrial use property -- or used it for industrial purposes. The Idaho
Power substation is currently on this portion of the property. This is the Hardin drain
bisecting the property here. The Comp Plan designation for this portion of the property
is for public facilities. The Comp Plan designation for this portion of the property is
mixed use. They are requesting a straight commercial designation as part of their
Comprehensive Plan amendment. Again, we shift the north arrow here, so north is
going to the left of the property once again. As I said, this is the existing Idaho Power
substation down in this corner. You have the Hardin drain. You have an entrance
coming off of Stoddard Road into the property. The contractor's office will be in this
location with parking in front. This will be used for storage. This portion of the storage
is paved with recycled asphalt, so it will be dustless. That's because they probably will
be driving on it. There is some covered storage in this location. This would be a larger
-- another large storage area for equipment that wasn't moving on a regular basis. This
portion of the property will be left undeveloped at this point -- at this point. They would
have to come back for any future development and we would have a non-build
agreement on this portion of the property. These buildings are storage buildings.
Again, as you will notice, decreasing in size to match the Hardin drain. There will be the
minimal landscape buffer here with an eight-foot fence -- or six foot -- I'm sorry, I've
forgotten the height of the fence. Perhaps the applicant can help me out when he gets
up there. There is a chain link fence with slats on the other side of the landscape buffer
here. At the Planning and Zoning Commission, the discussion was almost exclusively
on the Site Plan for the Conditional Use Permit. They talked a lot about what areas
would need to be paved and which areas could have the recycled asphalt as a material.
There was also quite a bit of discussion on this road -- driveway that comes off of
Overland and down here. This was a temporary access allowed by ACHD for the
construction of the substation. There was a specific end to that driveway once this
property was developed, that they would either have to relocate this driveway or to
abandon it completely. The decision through the Planning and Zoning Commission
hearings was to abandon it and this will be completely fenced around here all the way,
except for this opening here, the property will be fenced. There will also be a fence on
the Hardin -- they are proposing a fence on the Hardin drain, rather than tiling it and that
is a specific issue you need to address tonight, whether or not you will allow them to
just fence it off, rather than tile it. I do have pictures of the Hardin drain in here. There
is Bear Creek and the subdivision residences to the south. Here is the Hardin drain off
on the corner there, and there. It's a sizeable feature. Because of the Hardin drain,
they were able to have Ada county determine that the property was really two pieces of
property, one on either side of the Hardin drain, thereby allowing the Idaho Power
facility to develop on the south side and -- sorry going the wrong way. Those are the
primary issues related to the Site Plan. Again, there was not much discussion on the
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June 24, 2003
Page 27 of 52
Comprehensive Plan amendment and the Rezone that that would allow. It does show
as mixed use right now. It is not a neighborhood center, but it is -- this is the only
portion of mixed use shown on the Comp Plan, this portion here, so the only portion
shown in this area -- this is shown as industrial on the Comp Plan. This is commercial
in this area here and, then you get into the residential as you get to the Bear Creek.
There is -- I'm stuttering. I'm sorry. You adopted your Comp Plan not very long ago and
there would have seemed to have been a specific intent behind this request and that it
was, actually, at the owner's request that some sort of commercial designation be put
on the property. The decision at the time that the Comprehensive Plan was passed was
to make it mixed use. The mixed use has -- a major component to it is residential,
whereas this proposal that you're seeing before you is not likely to have any
commercial, even the development in the front will likely go -- I'm sorry. It's not likely to
have any residential. The undeveloped portion in the front is likely to go commercial,
given its location on Overland Road. Again, there was not a lot of discussion about this
at the Planning and Zoning Commission. They have recommended approval of it and
they did work on the site zoning quite a bit. With that, I'll stand for now. There were --
make sure I get all the -- oh, there is a revised ACHD report and that was handed to
you tonight. We just got it shortly before I came here. That was addressing the issue of
the driveway to the Idaho Power substation, the temporary driveway. I believe that's all
the issues at this point.
Corrie: Okay, any questions of staff?
De Weerd: Mr. Mayor?
Corrie: Mrs. de Weerd.
De Weerd: Now, Anna, did you say that the applicant or the owner of the property
requested the mixed use or requested it to be commercial?
Powell: Well, I had a brief discussion with Steve and I didn't get a chance to go back
and look through the record at all, but his recollection was that the applicant had
requested commercial zoning on this property, but as it went through the process that it
was decided that mixed use would be the appropriate designation.
De Weerd: Did he recall why?
Powell: We did not have that conversation. My -- just from looking at it, I guess my first
assumption was that it was seen as a good buffer for -- to transition from the residential
up to the arterial road on Overland and it is located at the half mile, which probably was
-- because there was the emphasis on the half mile and the neighborhood centers,
along with the mixed residential on the half mile, that that is perhaps why it occurred
there.
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De Weerd: One other thing is we had a joint meeting with the Planning and Zoning
Commission and we talked about Comprehensive Plan amendments and to kind of
engage the public -- I mean we went through a three year process on this
Comprehensive Plan with lots of public testimony. A lot of our citizens were involved in
it, and having Comp Plan amendment requests -- and I believe that we discussed it,
then, is that we would set particular months that we would consider these. A lot of that
is in consideration of the general public that, then, they know these are the months that
we consider Comprehensive Plan amendments and they have a better chance of being
kept abreast as to what's going on with the -- even though they don't live within the 300
feet of notification -- notification area. I guess I'm a little bit surprised that we have a
Comprehensive Plan amendment in front of us kind of outside of the months that we
really discussed and -- because I don't take Comp Plan changes lightly, I don't think we
should. I guess -- was that brought up at the Planning and Zoning hearing?
Powell: Mr. Mayor, Members of the Council, this is the first I had heard of setting aside
certain months for Comprehensive Plan amendments and doing a wider notification for
those. If anyone can get me that information -- I have not seen any of that. At this point
I would be very interested in working with Mr. Nichols or Mr. Berg to set that up. There
was discussion at Planning and Zoning, because they had two Comprehensive Plan
amendments on the agenda for that night, there was quite a bit of discussion about if
they passed one, can they pass the other, and they actually -- this project was held up,
so that it was heard the same night as the North Meridian Area Plan Comprehensive
Plan Amendment. We did, as you know, pull that one for a little bit until we could
integrate it into the whole one, but -- so, in that sense, there was a discussion about it,
but there was not a larger discussion about getting additional notice out or anything of
that sort.
Nichols: Mr. Mayor?
Corrie: Mr. Nichols.
Nichols: Mr. Mayor, Members of the Council, I think what we were talking about was
trying to make sure that a Comprehensive Plan amendment didn't get fouled up by the
requirement that the Planning Commission could only recommend map changes once
every six months -- or no more often than six months. The discussion was how can we
coordinate Comprehensive Plan amendments as to map changes, so that, you know,
somebody that comes in a month after somebody else doesn't have to wait eleven
months to get theirs heard, kind of a thing, or another six months type deal. That's what
we were talking about. If I -- if I recall it correctly that's what we were looking at.
Corrie: Let's put it on the record here.
De Weerd: I thought we had months that we actually had discussed.
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Corrie: I didn't remember that.
Bird: I don't recall that at all either, Tammy.
Corrie: Might be a good idea, but I don't remember it, but I have been told I was wrong
before, so – okay, any other discussion? Applicant representative.
Powell: And, Mr. Mayor, Members of the Council, I didn't call Clint beforehand and I
wanted to just apologize to him in advance for kind of raising this issue perhaps more
than he was prepared for tonight.
Corrie: Is the testimony you are about to give the Council the truth, the whole truth, and
nothing but the truth, so help you God?
Boyle: Yes, it is.
Corrie: Thank you. Name and address, please.
Boyle: Clint Boyle with Landmark Engineering and Planning. Address now -- business
address is 104 9th
Avenue South in Nampa. As you're all aware, Mayor and Council,
with growth comes change and many of you have experienced that with your own staff
now, so, hopefully, you won't hold that against me. Tonight we are requesting a change
to the Comprehensive Plan on a portion of the overall site that is in front of you, as well
as annexation of the total site and a Conditional Use Permit on a portion of the site.
The annexation would be the entire 19 plus acres with a Comp Plan amendment on the
northerly portion, the area north of the Hardin drain. Just to dive into some of the
comments that staff has made with regards to the Comp Plan and, hopefully, I can try to
address some of them for the Council tonight to satisfaction. This particular project,
when we submitted it, we actually were in a holding pattern for several months as the
north Meridian plan was going through workshops and work sessions that the Council
had on that, so it was held in kind of that holding pattern with that project. It didn't move
forward to the Planning Commission until that particular item did and kind of moved
along with the North Meridian plan and, then, as you're aware, that application was --
was pulled and this one moved forward to the Council. As far as the dates, I think that
would be a great idea as far as the dates for Comp Plan amendments. I don't know if
that's something that the staff could implement easily, but if there were set dates it
would actually make my job easier as well, because, then, when somebody comes in
and is requesting a Comp Plan, I can tell them they hear it in March and August and
they don't get tied up like this one may have with the North Meridian plan and kind of
waiting to see when that one goes and everything just kind of moves forward as far as a
group, a bundle of them. As far as the notice to the neighbors, obviously, this was
noticed in accordance with the appropriate ordinances with the 300-foot notifications,
the advertisements, et cetera. I believe, personally, that this one probably did receive
some fairly good notice, because there were quite a few people that attended the north
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Meridian plan and we were right there grouped with it, with those Comp Plan
amendments. There were definitely other people there during the Comp Plan
discussions on this item and the North Meridian plan. Now, as far as the
Comprehensive Plan itself and the Planning Commission did recommend approval.
The staff, if you look at the staff report, also recommended approval of the
Comprehensive Plan amendment, a couple of factors that come into play. If you look at
some of the surrounding developments of recent and some of the zoning designations
that are in that area, as was indicated by staff, Queenland Acres, a large proposed
commercial development, is adjacent to this site to the east. That property was
approved for a commercially zoned designation similar to what we are requesting on
this site and that particular project actually abuts a residential development. Presently,
we do not abut any residential development. The only potential area with our Comp
Plan amendment that would immediately abut it would be if something were to develop
in the future to the west and that would abut a small portion of the area that we are
proposing to amend the Comp Plan on. There is a large commercial development
proposed with the Queenland Acres, industrial uses and industrial designations also
lining Overland Road to the north of the site, an Idaho Power substation, which is
currently constructed, currently operating, is already constructed south of the site.
Again, as far as providing a transition with the mixed use, it seems like some of that
opportunity has already been lost by the approvals and the existing developments and
zoning in the area. This Comprehensive Plan amendment was specifically proposed,
because Idaho Power, who is the current owner of the overall site, were desiring to sell
a portion of this overall site. The proposed developer, Mr. Callister, had a specific type
of development that he was looking to propose and, therefore, we are in front of you
with the Conditional Use Permit and annexation request as well. A Conditional Use
Permit is part of that. We are proposing a contractor's facility that is beyond the 300-
foot separation distance from residential to the contractor's yard itself. We have
provided landscape buffering, the buffer along Stoddard Road in front of the contractor's
yard actually exceeds your buffering requirements. We have a 20-foot landscape buffer
proposed along the storage unit, with the screening fence. That screening fence, the
applicant is looking to provide an eight-foot tall screening fence adjacent to the storage
units and also around the contractor's facility and the storage yard. Those are some of
the points with the Conditional Use Permit, the one item that Anna hit on as far as the
Hardin Drain, I'd like to point out just briefly, Hardin Drain is an existing drainage way
that traverses through the site in a generally east-west fashion. Originally, when this
plan was going through its design, the Ada County Assessor had this as one large
parcel, a 19-acre parcel. Idaho Power submitted for a lot split to Ada County and with a
record of survey. Ada County rejected that record of survey and as part of their
ordinance, they felt that the Hardin Drain was a substantial enough natural barrier that it
fell into a category in their ordinance where if a piece of property is separated by a
substantial barrier, they already consider it as two separate parcels of land. Well, that
was definitely a point of discussion with the staff and with the Planning Commission. If
you look back through the staff report we had to provide evidence of that split. We had
to go to some fairly extensive lengths -- the assessor's office assigned new parcel
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numbers with the parcel map showing those parcel numbers. We had to submit even
further documentation from the county that has been provided to staff indicating that
split. Now, the reason I'm bringing that up is because the county felt that the Hardin
drain was a substantial natural feature that traversed this site and with regards to your
policy of tiling ditches, laterals, et cetera, developer is requesting a waiver or latitude
from the tiling requirement and to mitigate the potential safety issues, what the
developer would like to propose is that the fencing along the storage units be extended
to the south boundary of the property. Presently, Idaho Power has a security fence
around the area immediately adjacent to its power equipment in the substation. This
additional fencing would have the affect of enclosing the Idaho Power substation site
and with the fencing from the contractor's yard the Hardin Drain would effectively be
fenced out. There was some discussion at the Planning Commission, because the
fence along this boundary over here is more of a farm-type fence, barbed wire, three or
four strand, I'm not sure exactly what, so there was a lot of discussion about that.
Again, with that comment, the site would be secure. The nearest residential
development, urban development, is Bear Creek, that would effectively provide a very
good barrier to anybody accessing that Hardin drain with that eight foot fence. Idaho
Power would be provided with a locked gate for those times when they periodically
need to get into their substation site for maintenance. With that said, again, due to the
fact that there are no residential users, residential lots adjacent to the drain in this
location, it isn't a situation where a residential development abuts it or is near it on
either side of it, it's surrounded by a secure facility with the Idaho Power substation,
they certainly don't want any public in and around their equipment. The storage units,
the developer wants that to be a very secure facility as well. Will it have public access
for the units, yes, but, again, he does want that to be a secure facility where it's very
limited as to the people coming in and out of there. With respect to the secure facilities
and the fencing around that drain, he believes that the public interest in keeping kids
out and the safety issues that may be presented for somebody getting in the drain, are
mitigated with the fencing that he's providing around the facilities. With that said, with
the staff reports that were included for the Conditional Use Permit, the annexation, and
the zoning, we are in agreement with the staff conditions. One of the items that was
talked about was the non-development agreement, the agreement for this future phase,
and that would be an agreement that the developer would enter into where the future
phase would not be developed until a point in time that municipal sewer facilities, the
trunk line, the Black Cat trunk extension, were available to sewer the site. In addition to
that development agreement, it also provided that any development on this remaining
area would come back in front of you for a Conditional Use Permit approval. Again, I
think the Council has a lot of -- a lot of leverage here with the development here and if
they feel at that point in time that additional buffering or fencing or other mitigation items
need to go in to buffer what may be residential in the future, they could certainly request
that at that time when that portion develops. With that said, the only point of
disagreement that the developer had with the staff report was the tiling requirement on
the Hardin drain and he is requesting a waiver from the Council from the tiling of the
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drain. With that, I will stand for any questions from Council. Thanks for your time and
for not running me out of here when I first came in.
Bird: Mr. Mayor?
Corrie: Mr. Bird.
Bird: Now, on the Hardin Drain, you're going to put chain link fence up that, aren't you?
We are not going to have -- we are not going to have a rural three or four strand barbed
wire along there, are we?
Boyle: No.
Bird: That's what I thought.
Boyle: Maybe I could just kind of draw the line on the fencing. The entry to the
contractor's facility with the office area here would be here on Stoddard. Let's say that's
the corner of the fence, it's going to run down Stoddard and extend all the way out to
the boundary. The same fence, the eight foot tall fence, is also proposed to run down
along the Hardin drain, extend around the contractor facility, and, then, also you have
one in between the contractor's facility and the storage unit. Yes, those will be -- the
only areas with the more rural fencing would be along the --
Bird: Is the existing one.
Boyle: Is the existing one where you have got a farmer's -- agricultural use adjacent
here. Somebody would have to traverse quite a ways. In fact, the Hardin Drain, my
understanding, is open through here as well, so if somebody is going fall in, they are
going to fall in long before they get to our property, I imagine.
Bird: And I don't think that's -- that's a real -- you know, something wouldn't happen too
much on that, but -- okay. I didn't -- I didn't think -- I thought it was going to be all chain
link. We just wanted to make sure.
Corrie: Mr. Nary.
Nary: Mr. Boyle, this portion here -- when you said eight foot fence along the boundary,
you're talking about like an eight foot like slatted chain link or something like that?
Boyle: Right.
Nary: And it's going to run the length -- right now it's proposed to run the length from
essentially this point here by this office to the edge of the property boundary, is that
right?
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Boyle: It, actually, isn't out in front. In front of the office will just be nice landscaping.
That fence runs right here up to the building and, then, from right here on the other side
of the building out and, then, up. The gate into the --
Nary: There is still a landscape buffer here on Stoddard?
Boyle: Yes. What you will have as you drive down Stoddard is you will have
landscaping here, you know, with the parking area beyond, and that landscape -- I
forget the dimensions on this. It's like 28 feet of landscaping here. Then, as you come
along the storage units you will also have a landscape area that's 20 feet wide and,
then -- so you will have the road, you know, the shoulder area, the 20 feet of
landscaping, and, then, the fence and, then, the storage units, which, again, you will
likely end up with more landscape area than that, just because of the right of way with
ACHD, they will have a few feet from the gravel shoulder that's still in their right of way
that we will landscape as well.
Nary: Now, explain to me a little bit -- because I'm really ignorant on this point, but this
contractor's yard, it sounds like a junk pile to me, so what's intended to be there?
Boyle: It's going to be an excavation business, so it will have backhoes, trailers to haul
-- you know, the long bed trailers to haul the backhoes, trackhoes, et cetera, that you
would find. They have, you know, dump trucks, et cetera. You know, those types of
items that would be associated with an excavation business.
Nary: So, that's intended to be on the paved portion, as I understand Mrs. Powell. This
part here is where a lot of that type of equipment is going to be and, then, this is for
things -- this is unimproved, correct, so this is just dirt in the back and these are things
that aren't moved quite so --
Boyle: Yes. That will, actually -- will be a graveled area.
Nary: Oh. Okay.
Boyle: I mean it won't just be dirt, will be gravel -- initially, the initial plan, Mayor and
Council, since this was fully enclosed with the fencing with the screening, the slatted
fencing is proposed along the north side -- along all sides other than the Hardin, so it
will be screened from Overland, Stoddard, et cetera. The initial intent or proposal was
for all gravel and, then, there was quite a discussion, because there is a covered
storage area here, so if he wants equipment that's -- it's not a garage, but it's kind of the
three-sided -- like a carport, I guess, would be the way to think of it. If you wanted to
have some equipment out of the weather, he could park it in there, so the discussion
was this area -- and he has an indoor enclosed shop area, would probably be traveled -
- the main use area as far as vehicles and equipment traveling in and out and around
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within the site and, then, this area would be more limited in use. It might not see the
same type of daily activity that the area on the front end would see. It will be -- all of it
will be -- in the back here will be gravel, it won't just be a dirt area.
Nary: And I guess I'm still not clear so, this road will be remain this is dirt or this is a
gravel road?
Boyle: This is -- and let me clarify, because there was a lot of discussion. It's a
driveway, not a road.
Nary: Okay.
Boyle: Because I -- yes, I called it the same thing. It is a gravel driveway presently, so
there is actually a gravel drive. Now, the interesting thing about this is this gravel
driveway was installed by Idaho Power when they initially built this substation site.
Granted as a temporary access, so they could go in with their equipment and do
whatever they need to, to construct the substation site. Since, then, with the discussion
at Planning and Zoning, we, essentially, were faced with two options. One was
abandon that and not use that access point anymore or to pave it and also install
landscaping with trees every 35 feet down the roadway, so you have this nice tree-lined
roadway for the equipment and it was going to be an equipment entrance only. The
developer opted to abandon it. Initially, what he had proposed is when this area
developed here, that he would facilitate any paving and landscaping at that point in
time. Right now the roadway, the way it exists right now, there is a gravel roadway from
Idaho Power's substation to about this point right here. At this point, the roadway ends
and, then, there is an irrigation ditch. You, actually, can't presently access the site right
here in alignment with the roadway, unless you drive your truck through the ditch and
it's big enough that you certainly wouldn't do that. The way that I believe Idaho Power
got in there, because I, you know, was kind of questioning just like you how in the world
did Idaho Power use this road, then, or why did they put it in if they didn't cross that
irrigation ditch and what you have is down the road in about this location there is an old
farmer's access over the ditch and it is just a little dirt entry over the ditch and so to get
on this access road you have to cross that little farmer's -- and, then, four wheel -- four
wheel it across the field to get over to the gravel road and I assume that's what Idaho
Power must have done when they were building the facility and that is just dirt, you
know, if it's rained out, you probably don't want to go out there, because you're going to
be in ruts half a foot high, but -- so there is no access there. They are not proposing to
utilize this anymore. There used to be a gate on the backside here. We have
eliminated that. It will just be straight fenced off. Both the developer and Idaho Power
are all right with that. Idaho Power -- the only time in my discussions with Idaho Power
on this -- and they have been very involved in it -- the only time that they would ever
travel in this area is if for some reason they needed to do maintenance on their
transmission lines. They have a transmission line that's -- the one that you see running
along Overland, there is a spur that comes back here to the stub station -- stub --
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June 24, 2003
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tongue twister there -- the substation. The only time that they would ever utilize that
would just be if they ever had a problem or some reason they needed to maintain it, but
they indicated that they did not need that access or an improved access or anything off
of Overland Road.
Nary: Mr. Boyle, you had mentioned something about notice, too, so I'm assuming
those Bear Creek homes on the opposite there of Stoddard, they did receive notice of
this, so it's just further into Bear Creek that you --
Boyle: Right. In fact, our property goes to this point, so you get -- you also have to
realize it's not just this area that we are proposing here. The notice went out from this
corner, so it's picking up all the homes along this row and, you know, whatever here and
-- I don't know if it extends across the street. Yes, I mean there was definitely notice,
including the homeowners association that this is a common lot, so they also received
notice of the hearings and we didn't have any public testimony at the Planning and
Zoning Commission on any of the times that we were in front of the Planning
Commission on it.
Nary: Is there a sidewalk on Stoddard on the east side in that particular area across the
street from yours? I was just wondering if there is any foot traffic along Stoddard going
towards that area.
Boyle: There is -- there is no existing sidewalk along -- I guess what you would know as
the Queenland Acres area. At least I don't believe. We might be able to throw the
aerial up. I'm fairly certain that there isn't any sidewalk in this area on this side here.
That doesn't show it real well either. Bear Creek does have a meandering sidewalk
along Bear Creek that ends at this location here. From here on there are no sidewalk
facilities. As part of this development we are required to extend sidewalk from Overland
down to our southern boundary.
Corrie: Who owns that gravel road that goes south from Overland Road to the end of
your property? Go up -- up and down that. Who owns that piece of property?
Boyle: Oh, this -- adjacent to us or the actual road?
Corrie: The road.
Boyle: The roadway itself is on Idaho -- the driveway. The driveway is on Idaho
Power's property, and Idaho Power, even with this development -- if we can go back to
the Site Plan, Anna, just for a minute here. Even with this development, they still have
an existing 75-foot wide easement that's already in place that extends back to the
substation site and you can see that's called out here. The dashed line indicates their
easement.
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Corrie: And they have a bridge across that canal?
Boyle: They do have a pipe across it here on that roadway.
Corrie: A pipe, but no road?
Boyle: The road extends all the way back to -- the driveway extends all the way back to
the Idaho Power site. It just doesn't -- it just doesn't link up with Overland.
Bird: It doesn’t go across Overland. That's what he was explaining.
Corrie: It just goes up to Overland.
Bird: But what they have done is put a culvert in there. I mean that's not a real bridge.
I wouldn't --
Boyle: Right.
Bird: It's not a real bridge.
Boyle: Right.
Bird: So, they can get back there to work on it if they have to.
Corrie: Okay.
Boyle: Right.
De Weerd: Mr. Mayor?
Corrie: Mrs. de Weerd.
De Weerd: You know, I don't have a problem so much with the project itself. I think we
all know what contractor's yards look like and until you have something between
Overland and the contractor's yard, an eight foot fence is not going to cover much and I
guess Overland is an entryway per se into our community and I do have some concern
and I know the develop ability of the lot in front of it is really restricted because of the
sewer and there is one concern -- I guess the storage units would be a better buffer to
the contractor's yard, than -- and put that up against the substation. I guess my
concern is what you're going to see from Overland for quite some time and, then, my
second concern is the chain link fence along Stoddard across the street from a nice
residential area. You have mentioned that you have a landscape barrier or buffer that's
about 28 feet? Is that what you said?
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June 24, 2003
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Boyle: In front of the contractor's yard. The storage unit's is 20 feet wide.
De Weerd: And an attached or a detached sidewalk?
Boyle: Detached. We will do whatever this Commission wants, actually. Let me think
that one for a minute, because -- right now we have it shown as an attached sidewalk, I
believe. Let me back up. Stoddard Road -- Stoddard Road is a collector street, so it is
going to be a detached sidewalk. It is a detached sidewalk.
De Weerd: It's detached.
Boyle: Because Stoddard is a collector. Correct.
De Weerd: And what kind of landscaping will you have to kind of buffer an eight foot
chain link fence?
Boyle: I don't know if they have a copy of the Landscape Plan or if you do in front of
you. I mean there will be -- so we do have a buffer of trees along that area that would
be adjacent to Bear Creek.
De Weerd: And I guess, Anna, I had a question about a gravel lot in the city limits.
Does our ordinance allow for gravel lots in the city limits?
Powell: Mr. Mayor, Members of the Council, the only paving standards that exist in the
zoning ordinance have to do specifically with parking areas. This is not a parking area
in the sense that is discussed in that section. This is not required off-street parking, this
is storage areas and, actually, what the applicant is proposing with the recycled asphalt.
Then, the gravel on the portions where you don't have a lot of truck traffic going
through, allows for water to perc under the ground and it's actually preferred to having
that -- having to drain that water to a storm drainage facility, as would be required with
asphalt. In the past, your administrator has required that any storage or any area
where vehicles travel have to be paved, I believe that that section should only apply to
off-street -- required off-street parking areas and discussed this with Public Works.
There is an environmental benefit to allowing the recycled asphalt and/or crushed
gravel or grass Crete or other kind of travel surfaces that allow for the water to perc in.
De Weerd: So, there is benefit to the water drainage, but how about air quality?
Powell: The recycled asphalt will take care of that issue on the portion where it is
traveled. If you'd like to extend that requirement to the other, gravel areas that may
help reduce dust, if those are being moved more than anticipated at this point.
Corrie: That would be nice for the air pollution quality there.
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Nary: Mr. Mayor?
Corrie: Mr. Nary.
Nary: I guess I'm just tired tonight, but what is this corner again?
De Weerd: Nothing.
Nary: This is just -- this division is just imaginary, there is nothing here right now? The
whole thing is going to be undeveloped?
De Weerd: They are old foundations.
Boyle: There used to be some homes or something on this site, I guess, previously and
it's now -- I mean there are still some concrete slabs and things out there, but that --
Nary: So, it's the intent of this entire rectangular piece would just remain undeveloped
until there was sewer and the fencing would just be right there?
Boyle: Right.
Nary: Okay.
Boyle: The fencing and the other benefit they do have is the covered parking will
screen at least a portion of the contractor's facility, so you will have some structures in
there and -- right.
Nary: Isn't it supposed to do that?
Boyle: Well, correct, but it seems like there was comments from Council that an eight
foot fence may not be tall enough, adequate enough --
De Weerd: It doesn't cover a dump truck.
Boyle: I guess we could go with a 12-foot fence, if you would grant us a waiver.
Nary: Oh. Yes. That sounds better.
De Weerd: Oh, that's even lovelier.
Boyle: We could paint it with a nice mural or something.
De Weerd: Will you be doing --
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Bird: Grow some sweat peas up --
Boyle: Yes.
De Weerd: And you don't have any plans for landscaping along that fence line?
Boyle: We hadn't proposed that presently, just in anticipation that at some point in the
future he would be able to further develop that area to the north and, then, obviously, at
that point there would be all of the landscaping and buffering, et cetera, along Overland
Road.
De Weerd: And the covered parking is that just going to be a metal structure? A lean-
to? What is it?
Corrie: Three sided.
Boyle: It will be a three-sided facility and with the initial application -- again, I don't
know if we have the pictures here. I could pull them up if you wanted to. We submitted
just some examples of what may possibly be proposed. Doesn't look like we have
them. As far as building, it will be a three-sided facility. Will it be a metal building, yes,
it could, potentially, be a metal building. Those seem to be more economical,
especially, for a covered parking area. It will be three-sided in the senses that the
vehicles will be able to access from south to north, so the wall of the facility would be in
this location on the east side running along the north side and, then, on the west side
and, then, whatever supports they needed in between. It would be open towards the
Hardin drain, I guess, would be the way to --
De Weerd: One last question. Did you have a neighborhood meeting?
Boyle: On this particular project we did not have a neighborhood meeting. It was -- we
submitted this quite some time ago and it was prior to your -- your ordinance change
that even recommended a neighborhood meeting, so this has actually been something
-- I don't remember the exact date, but it's been in for -- I don't know if Anna knows
offhand. It's been months and months since this was initially submitted and we did not
have a neighborhood meeting.
De Weerd: Okay. I don't have a problem with the Hardin drain, leaving it open. I think
that -- I know personally and I think the sentiment shared by at least one other Council
member is we like to see open waterways and so I don't have a problem with not tiling
anyway.
Boyle: Mayor and Councilwoman de Weerd, with regard to the neighborhood meeting,
we did talk about that initially with Idaho Power, because Idaho Power a year ago went
through and constructed the substation, they held a neighborhood meeting and they
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June 24, 2003
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indicated that nobody attended. Based on their comments that with a substation going
in nobody had attended, I mean that was part of the basis that we didn't deem it to be
necessary to have that neighborhood meeting and so far we haven't had any public
input from the hearings either on this particular application.
De Weerd: Okay.
Powell: Mr. Mayor and Members of the Council, December 13, 2002, was the
application letter date.
Corrie: Any other discussion?
Bird: I have none, Mayor.
Corrie: Okay.
Boyle: Thank you.
Corrie: All right. Thank you. Is there anyone else from the public that would like to
issue testimony at this time? Okay. Hearing none, Council, any questions -- further
questions? If it's the pleasure of the Council to close the Continued Public Hearing --
Nichols: Mr. Mayor?
Corrie: Mr. Nichols.
Nichols: Mr. Mayor, Members of the Council, just to point out one thing before you
close the Public Hearing. The requested zoning is commercial and so the
Comprehensive Plan amendment requested would fit the zoning that's requested and
recommended by the Planning and Zoning Commission. Just to make that point that
although it's an amendment to the Comprehensive Plan, the Supreme Court has said
that it's your zoning ordinance that controls and so if you choose to grant this particular
zoning, that a Comprehensive Plan Amendment map change would have to follow.
Corrie: Any questions on that?
Nary: Mr. Mayor?
Corrie: Mr. Nary.
Nary: So, if I'm tracking what you're saying, Mr. Nichols, we don't really have to really
deal with Number 13? If we were to approve the annexation and designate the zone,
there is no necessity to really amend the Comprehensive Plan. Or am I
misunderstanding it?
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June 24, 2003
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Boyle: No. Mr. Mayor, Members of the Council, just wanted to point out that it's really --
when you set the zoning, that's the critical piece. I think you would want to go ahead
and amendment the map anyway, so that your map reflects what the use is that you
have already granted.
Nary: I see. Thank you.
Powell: Mr. Mayor, Members of the Council, I believe the staff report is structured that it
says if the Council approves the Comprehensive Plan amendment, then, you can make
the finding, so I don't know if you want to do that item first of if it makes any difference.
Corrie: Mr. Nichols? Does it make any difference?
Nichols: Well, Mr. Mayor, Members of the Council, again, I -- the Supreme Court has
basically said a Comprehensive Plan is just a community's desire for development
period and it -- and so planners are instructed and taught to -- you know, that it's really
-- and they -- you know, I mean they sweat blood over developing these things and,
then, the Supreme Court says, ah -- if it would assuage Mrs. Powell, then, you should
address that issue first on the Comprehensive Plan.
Nary: But, legally, we need to do 11, 12, and 13 in that order. Okay. Great.
Corrie: The Supreme Court -- it may be five to four, it could be changed later.
De Weerd: Mr. Mayor?
Corrie: At least that's what I heard in class. Mrs. de Weerd.
De Weerd: I'm assuming, since no one has raised this from staff, that a contractor's
yard is allowed in commercial -- I thought they were only allowed in industrial, so I
guess I was a little surprised that this is commercial. I'm sure it would have been
caught long before now. It seems an odd use in commercial.
Corrie: Since I don't have my book with me, I better ask the question. I don't know. It's
been awhile.
De Weerd: I'm sure the planner wouldn't have planned it in a zone that wasn't allowed.
Powell: Mr. Mayor, Members of the Council, it is allowed as a conditional use in a C-G
zone.
Corrie: And they are asking for a Conditional Use Permit. Okay.
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June 24, 2003
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De Weerd: Well, Mr. Mayor?
Corrie: Mrs. de Weerd.
De Weerd: Before we close the Public Hearing, I guess I'll just give my two bits. I think
being next to Idaho Power you really have a limited amount -- or you're really limited by
what you put in there. I guess I do have a concern, since residential is immediately
across the street with an eight foot chain link fence and heavy equipment being moved
across the street and a contractor's yard that's going to face a very visual entrance into
our community and with the knowledge of knowing that that lot that would be north of it
that would buffer it has limited development potential until we have sewer there, I do
have concern with this. If our Comprehensive Plan showed mixed use, that’s what the
community blueprint is, and I know that it's just a planning document it is a document
that went through extensive Public Hearing. It's also a document that the people not
within 300 feet of this development had the potential -- and I'm not saying they did come
and see it, to see what potentially could be put there, but if they did, that's what they
would have seen and certainly not a contractor's yard or an eight foot chain link fence. I
do have some concerns with this application and I thought I would just state those
comments before we close the Public Hearing.
Nary: Mr. Mayor?
Corrie: Mr. Nary.
Nary: Yes. I'm pretty torn on this particular project as well. I think there are a lot of
very good things. The fencing off the drain, fencing off the west side of the property,
creating the buffers on Stoddard -- I think there is some very good things here and so I -
- I'm a little torn. I think Council Member de Weerd is correct, I mean that portion
immediately adjacent to that drain has some limitations on what they can do with that
piece with the power station right behind it. I'm also horrified of this idea of this eight-
foot chain link fence down a street that I do consider to be an entryway to those people
that live in Bear Creek. It's one of our larger subdivisions in the community and I guess
I'm a little concerned in having 20 foot of landscaping with this huge chain link slatted
fence right behind it creating this tunnel down that roadway and also creating this -- this
big chain link box around this area. I guess, you know, it's -- I'm torn, because I
understand where the developer is coming from here, that there are limitations in what
they can do with this property and this is probably not -- I guess to me this is probably
not the best thing they can do, but it's always not the worst thing they could do. I'm
concerned in leaving that big empty space for what could be an indefinite period of time,
with that fencing, with that contractor yard -- I think as Council Member de Weerd
stated, and having heavy machinery up and down Stoddard turning in and out of this
where you have got sidewalks. You have got some commercial areas to the north of
this that are going to be attracting some foot traffic along that roadway, it makes me
very concerned about that. I'm also a stickler on these Comp Plan amendments and
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Rezones. You know, I've said it before and -- I don't like to rezone things just because
somebody finds it inconvenient to what was there. I think when we lay out these -- the
Comprehensive Plan -- especially the Comprehensive Plan, we really try to set a road
map that we want to live with for awhile and see how it works and see how it works
together before we simply just change it and it makes it hard for me to think that after
the very limited time that we have had this in place that this is the best we can do with
this piece of property. We have set it as a mixed-use area. That may or may not be the
best use, I don't know that, but all I know is we have had one application six months
after we approved the plan wanting to change it and I'm -- I just -- I guess I have a hard
time just changing things just because it's inconvenient and that's what it seems to be is
it's inconvenient because of the way this is and I don't know that we couldn't do better
than what is being proposed here.
Corrie: I don't usually say too much, it's a Council Meeting, not a Mayor's Meeting, but I
agree to some degree, except having lived in Boulder, Colorado, for 15 years. Hearing
the people that live next to a power situation as this, they have their hands full -- they
still have their hands full, they got lawsuits up the ying yang already about cancer-
causing elements from the electrical substation. I do agree that the chain link fence up
front, it does kind of make a tunnel effect down there. I would like to see the applicant
have a little better idea of what they want to do there. I don't think that I would want to
put that in a family -- multi-family use down there, because we will get a lot of comments
on that one from the public, believe me. Drain ditch should be open. I think we have
been through that many, many times. I do think the fencing needs to be addressed
again. My recommendation would be to have them kind of give us a better idea of what
they want to do there and I think the eight foot fence along that north side is kind of
unsightly as well, because we don't know what's going to be there either, but -- have
they considered at all a different type of fencing or anything like that, Clint, since we are
still in the Continued Public Hearing. Do you know?
Boyle: Mayor and Council, I have not had that specific discussion. That was what the
developer proposed on the site. We have had some discussions just about the fencing
in general. If it is an issue to the Council, in my discussions with the developer, and it's
a sticking point on the project, he would certainly be receptive to some other fencing
options along that Stoddard Road corridor. I guess if that's the direction that the
Council would like to see this go, maybe the Council has some recommendations. I
know Bear Creek, I believe, has vinyl fencing -- you know, I'm not sure what the Council
would be looking for, if it would be something like vinyl fencing similar to Bear Creek --
their buffer is also -- well, it meanders a little bit as far as the width of their buffer, it's
about 20 feet wide and, then, in areas it extends out and comes back and they have a
vinyl fence there. I guess that gives you some idea if you have been out in that area of
what a vinyl fence would look like on the buffer. Yes, I think the developer is certainly
receptive to some options like that if that's the desire of the Council.
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June 24, 2003
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Corrie: I don't know if the Council has any ideas of what they would like to see there or
whether they would like you to bring some ideas back to them, but I'll let the Council
decide on that. I know how I would go, but, Council, if they would like to have some
ideas brought by the developer that's fine or they can tell you tonight.
Boyle: Thank you.
Bird: Mr. Mayor?
Corrie: Mr. Bird.
Bird: I'll give you my two bits worth. I think that you just brought up a very good point,
Mayor, that I would like to see -- I don't have quite as many concerns. I'm like
Councilman Nary, I hate to see if -- you know, we worked long and hard on this
Comprehensive Plan and I late to see us get -- keep changing about every two months
on stuff, but, like Mr. Nichols says, I guess our Comprehensive Plan isn't what we think
it is, but -- as the Supreme Court goes. I wouldn't mind seeing these Public Hearings
continued for a couple weeks and come back with some ideas. I have no problem with
the interior part of -- of the development being chain link fence, but I think we need to
dress it up around the outside somehow that -- and if it is -- if it takes a six foot vinyl
fence on top of a three or four foot berm around the exterior, so it would be -- especially
down the north end. I know where they put the deal in is going to be -- look nice,
whether it's aluminum or whatever building -- type of building it is. Where the chain link
fence is, we need to dress it up more than that, I believe. If the applicant was receptive
to that, I would certainly be willing to make a motion to continue these Public Hearings
to July 8th
and give them a chance to come in with some ideas that -- I don't think as a
Council person I want to tell you exactly what I want. I don't like just chain link fence,
let's put it that way, on the exterior.
Nary: Mr. Mayor?
Corrie: Mr. Nary.
Nary: Mr. Bird, maybe if you would like to consider July 15th, only because if they are
going to make some new plans or proposal --
Bird: That's true.
Nary: -- that really only gives them a little over a week if we do it the 8th
.
Bird: That's right. That's good.
Nary: If that's not going to be -- they have already waited six months, I mean how
much --
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June 24, 2003
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Bird: What's another month, you know.
Nary: Yes.
Corrie: We just want to make it look right and look nice and be compatible with the
neighborhood across the street and we do know that there is some commercial from the
north there about halfway up, but there is also Bear Creek in there that needs to be
considered, too.
Boyle: Mayor and Council, yes, that sounds just fine. Yes. I think the developer
through this has certainly been learning some patience in that public process. The July
15th
date, if that's what the Council feels is adequate time, we will certainly get right on
this and come back with some options. I think we have heard some good discussion
from the Council on these items and we will put together some options and get them
back in front of you.
Bird: Well, Clint is that -- excuse me, Mr. Mayor.
Corrie: Mr. Bird.
Bird: Clint, is that -- is the 15th
okay with you, then? Does that give you time or do you
need another --
Boyle: The 15th gives us plenty of time.
Bird: Okay. Okay.
Boyle: July 8th is better, but the 15th
is -- it depends, I guess, on how much time your
staff needs to review it, you know --
Bird: I understand.
Boyle: We can -- you know, we will get it in a week or so to them with some options
and, then, whatever time they need, so --
Bird: Okay. With that, Mr. Mayor, I would move that we continue the Public Hearings
for the Callister Development deal, Item Number 11, 12, and 13, until July 15, 2003.
Nary: Second.
Corrie: Okay. Motion has been made and seconded to continue the Public Hearing until
July 15th
, with new ideas from the developer on fencing the property and that, any
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June 24, 2003
Page 46 of 52
further discussion? All those in favor say aye. Opposed no? Motion carried. Okay.
That would be good.
MOTION CARRIED: THREE AYES, ONE ABSENT
Item 14. Public Hearing: VAR 03-016 Request for a Variance to block length
requirements for a block exceeding 1,000 feet for Silverstone Business
Center by Sundance Investments – southeast corner of East Overland
Road and South Eagle Road:
Corrie: Next is item 14, a Public Hearing, Variance 03-016, request for a Variance to
block length for -- block length requiring 1,000 foot of Silverstone Business Center by
Sundance Investments. I believe we did receive a letter, they wanted to postpone it, Mr.
Clerk, until they got the other applications in, is that correct? I think that's what I read.
Bird: They want it pulled, Mayor.
Corrie: Oh, they want it pulled? Oh, I'm sorry. Okay.
Bird: And re-noticed.
Corrie: Okay, very good.
Berg: Mr. Mayor, yes, we got a memo from Sonya Allen from the Planning and Zoning
Department stating that the applicant wants to pull this item to re-notice it with the
Preliminary Plat, so they are both scheduled at the same time.
Corrie: Okay. My mistake. Thank you. Can we do that – okay?
Bird: Mr. Mayor?
Corrie: Mr. Bird.
Bird: I would move that we pull VAR 03-016, request for a Variance to block length
requirements for a block exceeding 1,000 feet for Silverstone Business Center by
Sundance Investments from the City Council agenda and send it back to Planning and
Zoning-- or, no, just leave it alone. Leave it alone.
Nary: Just pull and to reschedule.
Nichols: Pulled and rescheduled.
Corrie: Right.
Meridian City Council Meeting
June 24, 2003
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Bird: Pulled and reschedule. Okay.
Corrie: Okay.
De Weerd: Second.
Corrie: Motion has been made and seconded to have the Public Hearing VAR 03-016
pulled and rescheduled, any other comments? Okay. All in favor of the motion say aye.
Opposed no? Item carried.
MOTION CARRIED: THREE AYES, ONE ABSENT
Item 15. Public Hearing: Fire Department Plan Review and Inspection Fees:
Corrie: Okay. Thank you. Public Hearing Number 15 is the Fire Department Plan
Review and Inspection Fees. Kenny, you did receive that letter, did you, from the BCA?
You didn't?
Bird: You haven't seen that, Kenny?
Bowers: No. I -- excuse me, Mayor Corrie and City Council Members, Gary Smith just
approached me and -- tonight earlier to say that we -- they had received a letter also on
it, so I have not got to read that. Deputy Chief Silva has went and did numerous
presentations for our fee schedule to real estate people, to builders, and we have got
some very positive impact back from those people. We started receiving some e-mails,
I believe two or three of them Friday, and yesterday I think we received two or three of
them and I'm not sure if they have come into you guys or where they have come into.
Some of the concerns were that possibly our figure that we wanted to price out on the
sprinkler heads were a little high. Another concern was that they wanted to just write
one check when they come in and get their plans, they didn't want to have to go to the
Building Department and write a check and, then, they didn't want to have to come over
to the Fire Department and write a check -- I don't want that either. I wanted it all at the
same time. Also, there was concern that possibly that money might not get used to
help out for another -- or another inspector, that it might get used elsewhere. There
was a concern there. And also there was a concern that we couldn't guarantee them
that when -- if we did get some help on the inspector end of it, that they would get their
plans quicker from the City of Meridian and I couldn't guarantee that at all. I mean we
might be able to get it back to them quicker, but there might be a hold up in another
department or something, so we couldn't really guarantee that part. In all fairness to
Deputy Chief Silva, he has been sick the last couple days and has not received these e-
mails or had a chance to go through them and answer any of the questions we had. I
was wondering if possibly have taking public testimony tonight that maybe we could
continue this or table it -- I'm not sure what you guys have to do, so -- on this for a
couple three weeks, if we could. I know we can't do it next week, because the Fourth of
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June 24, 2003
Page 48 of 52
July we will be doing fireworks, probably, but -- so -- and I'm not sure what your next
date is, if it's full or not.
Nary: Mr. Mayor?
Corrie: Mr. Nary.
Nary: Yes. I also had a conversation with Mr. Eaton from the Building Contractors
Association today and he was unable to be here tonight, but he had submitted a letter,
but -- I mean I do think this is probably an issue that deserves some more discussion
and I think it's -- I think they have raised at least some issues they want to talk about. I
don't see a lot of stumbling block, I just think it just needs some more discussion, but,
you know, I don't know whether we want to go to the 15th
or the 22nd
of July.
Bowers: We've had some very good positive feedback on --
Corrie: Would you like to get more until the 22nd
?
De Weerd: Mr. Mayor?
Corrie: Mrs. de Weerd.
De Weerd: I guess the -- to allow Joe time to get comments back to the BCA, he needs
to get that to them before -- I think they meet on the third Monday of every month, so
we probably shouldn't do it until the 22nd
to allow them a chance to comment back. I
think they did have some -- we need to pull together some more numbers. I know Jim
Grieve from the Association of Realtors had mentioned the annexation and zoning
application fee, that it made no sense, because the Fire Department, really, doesn't
have to review those. There are a couple of additional modifications we need to do to
this list before we re-publish it or just to allow Joe a chance to comment. I guess I
would like to get Council's feelings on what Kenny had mentioned in the developers
being able to write one check. I think when we did the development assessment
survey, it was kind of discussed that this might be something that could kind of fit under
the umbrella of the Building Department. I think these fees have been fashioned so that
it wouldn't be difficult in doing that, then, they are a little bit more dedicated and can be
specifically for the functions that they are being charged for. I think that Joe and Kenny
and Stacy, maybe, and Gary Smith need to further explore that option as well. He's on
the right track and, as Stacy had mentioned earlier this evening, we do have a budget
overage because one thing that the development community has already been
benefiting was the anticipation of these fees. We had told them early on that, yes, we
thought we could cover this budget overage -- we anticipated these fees being adopted
a little bit earlier than this, but I think it's worth the additional work and the comments
back that we have received have been fairly minimal, it just needs a little bit more
background to support us.
Meridian City Council Meeting
June 24, 2003
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Bird: Mr. Mayor?
Corrie: Mr. Bird.
Bird: I think -- I agree wholeheartedly with Councilwoman de Weerd, but also one thing
we want to remember, if we go in and do these fees right the first time around and take
our time, as this letter stated from BCA and stuff, every year we review these it just
makes it much easier. As Mr. Nichols was just telling me, you know, on our park impact
fees, we worked very, very hard and a long time to get those park impact fees going
and once we get them in place, then, every year it's going to be easy, because we went
through all these steps. I think we need to do the same thing and I definitely think that
they should be able to go into the park -- or to the Building Department and pay their
bill. Like Tammy said, that's dedicated. The Building Department has to pay for itself
through revenue and if that's what that's dedicated from, sure, we are going to -- if we
need inspectors we are going to have to have inspectors and stuff like that. It's got to
be dedicated money that if we -- that we have set aside, because that department has
to pay for itself through revenue. I think -- I think it's worth the time to take and do it
right the first time, get everybody on board with us, and do it. With that I would move
that we -- how long do you want to --
De Weerd: The 22nd
.
Bird: I would move that we continue this Public Hearing, Mr. Mayor, on the Fire
Department Plan Review and Inspection Fees to July 22, 2003.
De Weerd: Second.
Corrie: Okay. Motion has been made to continue the Public Hearing on the Fire
Department Plan Review and Inspection Fees until July 22, 2003, any further
discussion? All those in favor say aye. All ayes. Motion carried. There is no one in the
audience, so I don't think we will have to worry about the Public Hearing.
MOTION CARRIED: THREE AYES, ONE ABSENT
Item 16. Water, Sewer and Trash Delinquencies:
Corrie: Okay. The next one is the delinquency turn off schedule for June 25, 2003.
This is to inform you in writing, if you so choose, that you have the right to a
predetermined hearing at 7:30 Tuesday, June 24, 2003, before the Mayor and City
Council to appear in person to be judged on the facts and to defend the claims made by
this city that your water, sewer, and trash bill is delinquent. You may retain counsel.
This service will be discontinued on June 25, 2003, unless payment is received in full. Is
there anyone present who wishes to contest his or her water, sewer, and trash
Meridian City Council Meeting
June 24, 2003
Page 50 of 52
delinquency? Hearing none, you are hereby informed that you may appeal or have the
decision of the city reviewed by the Fourth Judicial District Court pursuant to Idaho
State Code. Even though you do appeal, your water will be shut off. The amount of the
turn off list is $16,679.84. Council, I'll entertain a motion on the sewer, water, and trash
delinquencies. I've looked this over four times and none of us are on it.
De Weerd: Well, that's what we always need to check first.
Bird: What I'm very proud of is the amount of money.
Corrie: That's right.
Bird: That has got to be at least 20,000 less than we have had in -- I can't think of how
long. I'm very proud of the 16,000.
Corrie: People have found more money than there was last month. Okay, any other
discussion? Okay. I will entertain a motion for the delinquency list turn off schedule. If
you don't want to, we can wait until next month to turn them off.
Nary: Mr. Mayor?
Corrie: Mr. Nary.
Nary: I move that we approve the turn off list for June 25th
for all the delinquencies. Our
turn off list amount is $16,679.84, that's submitted by the Billing Department.
Bird: Second.
Corrie: Okay. Motion has been made and seconded, any further discussion? All those
in favor of the motion say aye. All ayes. Motion carried.
MOTION CARRIED: THREE AYES, ONE ABSENT
Item 17. Executive Session:
Corrie: I believe we need a motion to go into Executive Session.
Nary: Mr. Mayor?
Corrie: Mr. Nary.
Nary: I move that we go into Executive Session pursuant to Idaho Code 67-2345,
Subsections B and C.
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June 24, 2003
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De Weerd: Second.
Corrie: Okay. Motion has been made and seconded that we go into Executive Session,
any further discussion?
De Weerd: Mr. Mayor?
Corrie: Mrs. de Weerd.
De Weerd: I'd like to ask that our fire chief Kenny Bowers joins us.
Corrie: Okay. Anything else? Hearing none, roll call vote, Mr. Berg.
Roll call: McCandless, absent; Nary, aye; de Weerd, aye; Bird, aye.
MOTION CARRIED: THREE AYES, ONE ABSENT
De Weerd: And our attorney. I'm sorry.
Corrie: We shall suspend the -- go into Executive Session.
EXECUTIVE SESSION
Corrie: I will entertain a motion to come out of Executive Session.
De Weerd: So moved.
Bird: Second.
Corrie: Okay motion has been made and seconded to come out of Executive Session.
All those in favor say aye.
***End Of Side One***
Corrie: Let the record show that no decisions were made in the executive session.
That’s all we have on the agenda tonight. I will entertain a motion to close hearings for
tonight.
De Weerd: So moved.
Corrie: Do I hear a second?
Bird: Second.
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June 24, 2003
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Corrie: All those in favor say aye.
MOTION CARRIED: THREE AYES, ONE ABSENT
Corrie: We are officially closed for Tuesday June 24, 2003 at 10:45.
MEETING ADJOURNED AT 10:45 P.M.
(TAPE ON FILE OF THESE PROCEEDINGS)
APPROVED:
/ /
ROBERT D. CORRIE, MAYOR DATE
ATTESTED:
WILLIAM G. BERG, JR., CITY CLERK