HomeMy WebLinkAbout2011-04-05E IDIAl`~T
IDAHO
CITY COUNCIL REGULAR
MEETING AGENDA
Tuesday, April 05, 2011 at 7:00 PM
1. Roll-Call Attendance
_ David Zaremba _ Brad Hoaglun
_ Charlie Rountree _ Keith Bird
_ Mayor Tammy de Weerd
2. Pledge of Allegiance (Pg. 1)
3. Community Invocation by Steve Moore with Ten Mile Christian Church (Pg. 1-2)
4. Adoption of the Agenda (Pg. 2)
5. Consent Agenda (Pg. 2-5)
A. Approve Minutes of March 22, 2011 City Council Special Meeting
B. Approve Minutes of March 22, 2011 City Council Regular Meeting
C. Resolution No. 11-778: Resolution of the Mayor and City Council of the
City of Meridian Rescinding a Portion of Resolution No. 09-653 Regarding
the April 20, 2011 Increase to Water and Sewer Rates Within the City of
Meridian.
D. Memorandum of Understanding between Meridian Development
Corporation and the City of Meridian regarding Idaho Power Easement in
Centennial Park
E. Development Agreement for Approval: MDA 10-011 Silver Oaks Apartments
by Silver Oaks Apartments, LLC Located Approximately 1/4 Mile West of
Ten Mile Road, North of W. Franklin Road Request: Modification to the
Development Agreement to Reflect a New Development Plan and Increase
in the Number of Residential Units Within the Development
F. Approval of Award of Bid to WesTech Inc. for Secondary Clarifier Retrofit
Equipment and Authorize the Purchasing Manager to Issue and Sign a
Purchase Order/Contract in the Amount of $199,425.00
Meridian City Council Meeting Agenda -Tuesday, April 05, 2011 Page 1 of 4
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing,
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
G. Final Order for Approval: TEC 11-001 Crossfield Subdivision by Pride, LLC
Located Southwest Corner of N. Venable Lane and W. Ustick Road
Request: Time Extension Approval on the Preliminary Plat
H. Task Order #10238 for the Implementation Plan Study for Microthrix Control
with Brown and Caldwell fora Not-To-Exceed Amount of $57,696.00
Pursuant to the Master Agreement Approved by City Council April 13, 2010
I. Second Amendment to Task Order 0766 for Professional Services (Related
to the ACHD Franklin Road -Ten Mile to Linder Utility Installation Project)
with Parametrix for aNot-To-Exceed Amount of $78,769.00 per the Master
Agreement Dated March 1, 2007
J. Approval of 2011-2012 Beer, Wine and Liquor License Renewals as follows:
Sa-wad-dee Thai Restaurant 1890 E. Fairview B/V11/L
Cheerleaders Sports Bar & Gill 3451 N. Eagle Rd. B/V11/L
Maverik Store #410 1630 E. McMillan B/W
Rite Aid #5412 1600 N. Main St. B/VH
Fred Meyer #198 1850 E. Fairview Ave B/W
Buffalo Wild Wings 3223 E. Louise Dr. #103 B/VU/L
Wal-Mart Supercenter #2862 4051 E. Fairview Ave. B/W
Divine Wine 2310 E Overland Rd. #105 B/W
Sizzler #215 3380 N. Eagle Rd. B/V11
Walgreens #06200 1570 E. Fairview Ave. B/W
Walgreens #10197 3150 W. Cherry Lane B/W
Walgreens #10604 1625 S. Meridian Rd. B/W
Walgreens # 11452 3263 N. Eagle Rd. B/VV
Walgreens # 11687 4850 N. Linder Rd. B/V11
Applebee's Grill & Bar 1460 N. Eagle Rd. B/V11/L
Sunrise Bakery & Cafe 805 Main St. B/W/L
Jacksons # 140 3010 Goldstone Rd. B/W
Ram Restaurant & Brewhouse 3272 E. Pine BNV/L
Texas Roadhouse 3801 E. Fairview Ave. B/W/L
Chicago Connection 1935 S. Eagle Rd. B/VN/L
Chicago Connection 1639 N. Main St. B
A New Vintage Wine Shop 1400 N. Eagle Rd. #104 B/W
Albertsons #164 20 E. Fairview Ave. B/VV
Albertsons #180 3301 W. Cherry Ln. B/VV
Goodwood BBQ Company 1140 N. Eagle Rd. B/W/L
Cafe Indigo/Courtyard by Marriott 1789 S. Eagle Rd. B/VN/L
JB's Restaurant 1565 S. Meridian Rd. B/VU
Meridian City Council Meeting Agenda -Tuesday, April 05, 2011 Page 2 of 4
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing,
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
6. Community Items/Presentations
A. Public Hearing: Meridian Police Department Fee Schedule (Pg. 5-6)
B. Resolution No. 11-779: Adopting Meridian Police Department Fee Schedule
(Pg. 6)
C. Public Hearing: Precious Metal Dealers Ordinance (Pg. 6-17)
D. Moved from Item 10B -Ordinance No. 11-1479: Precious Metal Dealers (first
reading) (Pg. 17)
7. Items Moved From Consent Agenda Moved from Item 5D -Memorandum of
Understanding between Meridian Development Corporation and the City of
Meridian regarding Idaho Power Easement in Centennial Park (Pg. 17-18)
8. Action Items
A. Public Hearing: MDA 11-002 Meridian Town Center by Meridian CenterCal,
LLC Located at Northeast Corner of E. Fairview and N. Eagle Road
Request: Amend the existing Development Agreement (Instrument
#108131103)to Include an Updated and Expanded Development Plan and
Minor Edits to the Text of the Agreement (Pg. 18-25)
B. Public Hearing: CPAT 11-001 Comprehensive Plan Revamp by City of
Meridian Planning Department Request: Amend the Text of the City of
Meridian Comprehensive Plan Which Includes the Following: 1) Adoption
of the 2010 Existing Conditions Report as an Addendum to the Plan; 2)
Updates to the Text of the Plan; 3) Changes and Additions to the Goals,
Objectives and Action Items Contained in the Plan AND 4) A Complete
Reformat of the Plan (Pg. 25-31)
C. Public Hearing: ZOA 11-001 Unified Development Code (UDC) Text
Amendment by City of Meridian Planning Department Request: Amend the
Text of Certain Sections of the UDC to Include General Clarifications /
Clean-Up Items; Standards for Pathway Lighting Along the Eagle Road
Corridor; and Allowance fora Council Waiver of Certain Stormwater
Integration Standards (Pg. 31-35)
9. Department Reports
A. Mayor's Office: Mobile Business Advanced Processing Interface (API)
(Pg. 35-37)
Meridian City Council Meeting Agenda -Tuesday, April 05, 2011 Page 3 of 4
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing,
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
B. Clerk's and Park's Department Joint Report: Temporary Uses in Parks
Policy Discussion; Thousand Springs HOA Fee Waiver Request (Pg. 37-50)
C. Planning Department: Cost Share and License Agreements with Ada
County Highway District (ACRD) for the Landscaping and Maintenance
Associated with the Ustick, Duane to Campton and the Franklin, Ten Mile to
Linder Roadway Projects (Pg. 50-52)
D. Planning Department: Budget Amendment for Welcome Signs and
Software for aNot-to-Exceed Amount of $6,668.00 (Pg. 52-54)
E. Continued From March 22, 2011 -Planning Department: Eagle Road Safety
Improvements Request Letter to the Idaho Transportation Department (ITD)
(Pg. 54-58)
F. Police Department: Budget Amendment for the Department of Juvenile
Corrections (DJC) /Enforcing Underage Drinking Laws (EUDL) Grand
Award for aNot-to-Exceed Amount of $7,420.00 (Pg. 58-59)
G. Police Department: Budget Amendment for Drug Free Communities (DFC)
PY2009 Carry forward Balance in the Amount of $20,923.00 (Pg. 59-60)
10. Ordinances
A. Ordinance No. 11-1478: An Ordinance of the Mayor and the City Council of
the City of Meridian for Annexation of a Parcel of Land Located in a Portion
of Lot 3 of J. E. Pfost's Subdivision, Recorded in Book 4 of Plats at Page
157, Records of Ada County County, and a Portion of the North Meridian
Road Right-of-Way; Said Parcel Situated in Known as the Borup Property
and is Located in the Southwest Quarter of Section 8, Township 3 North,
Range 1 East, Boise Meridian, Ada County, Idaho (AZ 10-003) (Pg. 60-61)
B. Ordinance No. 11-1479: Precious Metal Dealers (first reading) (Pg. 61)
11. Future Meeting Topics (Pg. 61-62)
Meridian City Council Meeting Agenda -Tuesday, April 05, 2011 Page 4 of 4
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing,
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
Meridian Cit Council Meetin
A ri 15 2011
A meeting of the Meridian City Council was called to or ~ '
der at 7.04 p.m., Tuesday, April
5, 2011, by Mayor Tammy de Weerd.
Members Present: Mayor Tammy de Weerd, Brad Hoa lun ~ '
. g ,David Zaremba, Keith Bird
and Charlie Rountree.
Others Present: Bill Nary, Jaycee Holman, Anna Cannin Ri
g, ch Dees, Sonya Wafters,
John Overton, Jeff Lavey, John Overton, Mark Neime er Steve Si
y ddoway, Brenda
Sherwood, Robert Simison, and Dean Willis.
Item 1: Roll-call Attendance:
Roll call.
__X _ David Zaremba __ X __Brad Hoa lun
g
__X __ Charlie Rountree __ X __Keith Bird
X Mayor Tammy de Weerd
De Weerd: Thank you for your patience in waitin for us and welcome to our
. 9 regular
meeting with City Council. For the record it is Tuesday, April 5th. It's 7:04. We will start
with roll call attendance. Madam Clerk.
Item 2: Pledge of Allegiance
De Weerd: Item No. 2 is we have the privilege of bein led in the led a toni h
g p g g t by
Troop 149. They are with the McMillan LDS Ward and Jordan Brown is oin
g g to lead us
in the pledge.
(Pledge of Allegiance recited.)
De Weerd: Jordan, if I can I would like to offer you a Cit of Meridian in for leadin u
Y p gs
in the pledge. Thank you.
Item 3: Community Invocation by Steve Moore with Ten Mile Christian
Church
De Weerd: Okay. Item No. 3 is our community invocation. Toni ht we will be led b
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Pastor Steve Moore with the Ten Mile Christian Church. If ou will all 'oin us in the
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community invocation ortake this as an opportunity for a moment of reflection.
Moore: Heavenly Father, just .today I have heard of two volunteers in this communit
that are loin thi y
g ngs to make this a better place to live, that care about their nei hbors
g
and strangers and people they don't even know that will be im acted throu h their kind
p g
deeds. For all of us here, God, thank you for where we live in this nation in this state
and in this city. Father, I pray that we would -- you would 'ust s eak to us ou would
J p ,y
Meridian City Council
April 5, 2011
Page 2 of 63
lead us through daily life, through encounters with
each other, through your presence
about us to keep the big picture and reco nize the eter ~ '
g nal nature of life that overrides.
In that vein tonight, God, that I suppose the decisions ar '
e going to be made that some
of us in this city aren't going to like and some of us will. I'
is an awesome responsibility
that these folks have accepted and undertaken on our
behalf. Pray that you would
bless them and lead them. We pray, God, that the decision '
s they make will be made on
the basis of truth and principle. God, hel them to noticed '
p etails and to think about the
people that they serve as they make these decisions. Father I r
.. , , p ay that each of us, as
citizens, would participate in the process of our communit . We are
y grateful forthe
ultimate model of neighborliness in ourSaviorJesus Christ in his n
ame I pray, amen.
De Weerd: Thank you for being here and forall ou do to arran e t
y g hat. Thank you.
Item 4: Adoption of the Agenda
De Weerd: Item No. 4 is our --the ado tion of th
p e agenda.
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Hoaglun: A couple items that we need to move around here toni ht for our a
g genda.
Under Item 5, the Consent Agenda, 5-C is resolution number 11-778. 5-D the --
we
need to move to Item 7, which is items moved from the Consent A enda. There is a
9
word that needs to be added to that, so we need to pull that off the Consent A enda.
9
Moving on to Item 6, Community Items/Presentations, that -- 6-B is resolution num
ber
11-779. Item 6-C is a public hearing regarding precious metal dealers' ordinance. And
we have under 10-B the ordinance itself. So, we think it would be best for '
folks in
attendance after the public hearing to see what action we take on that ordinance
instead of waiting until later on. So, we need to move 10-A to follow 6-C. I'm sor
10-B. 10-B to follow 6-C. And under Item 10, 10-A, that ordinance number is 11-1478.
And 10-B, which will, then, become 6-D, is ordinance number 11-1479. And with all
those, Madam Mayor, I move adoption of tonight's agenda as amended.
Bird: Second.
De Weerd: Mr. Hoaglun, will you repeat that?
Hoaglun: Yes, I will.
De Weerd: Council, we have a motion to approve the agenda as amended. All those in
favor say aye. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Item 5: Consent Agenda
Meridian City Council
April 5, 2011
Page 3 of 63
A. Approve Minutes of March 22, 2011 Cit Cou '
y ncil Special
Meeting
B. Approve Minutes of March 22, 2011 Cit Coun '
y cil Regular
Meeting
C. Resolution No. 11-778: Resolution of the Ma or '
y and City
Council of the City of Meridian Rescindin a Portion of
g
Resolution No. 09-653 Regarding the A ril 20 2011 Increa
p se to
Water and Sewer Rates Within the Cit of Meridian.
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E. Development Agreement for Approval: MDA 10-011 Sil
ver
Oaks Apartments by Silver Oaks Apartments LLC Located
Approximately 114 Mile West of Ten Mile Road North of W.
Franklin Road Request: Modification to the
Development Agreement to Reflect a New Develo ment Plan
p
and Increase in the Number of Residential Units Within the
Development
F. Approval of Award of Bid to WesTech Inc. for Seconda
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Clarifier Retrofit Equipment and Authorize the Purchasin
g
Manager to Issue and Sign a Purchase Order/Contract in the
Amount of $199,425.00
G. Final Order for Approval: TEC 11-001 Crossfield Subdivision
by Pride, LLC Located Southwest Corner of N. Venable Lane
and W. Ustick Road Request: Time Extension Ap royal on the
p
Preliminary Plat
H. Task Order#10238 forthe Implementation Plan Stud for
. Y
Microthrix Control with Brown and Caldwell for aNot-To-
ExceedAmount of $57,696.00 .Pursuant to the Master
Agreement Approved by City Council April 13, 2010
I. Second Amendment to Task Order 0766 for Professional
Services (Related to the ACRD Franklin Road -Ten Mile to
Linder Utility Installation Project) with Parametrix for a Not-To-
ExceedAmount of $78,769.00 per the Master A reement Dated
g
March 1, 2007
~. Approval of 2011-2012 Beer, Wine and Li uor License
q
Renewals as follows:
Sa-wad-dee Thai Restaurant 1890 E. Fairview BIWIL
Cheerleaders Sports Bar & Gill 3451 N. Ea le Rd. BIVII/L
. g
Maverik Store #410 1630 E. McMillan BIW
Meridian City Council
April 5, 2011
Page 4 of 63
Rite Aid #5412 1600 N. Main St. B!W
Fred Meyer #198 1850 E. Fairview Ave B
1W
Buffalo Wild Wings 3223 E. Louise Dr. #103
BIWI L
Wal-Mart Supercenter #2862 4051 E. Fairview Ave. B
NV
..
Divine Wine 2310 E Overland Rd. #105 B
/VU
.
Sizzler #215 3380 N. Ea le Rd. BNV
g
Walgreens #06200 1570 E. Fairview Ave. B1W
Walgreens #10197 3150 W. Cher Lane BNV
Walgreens #10604 1625 S. Meridian Rd. BIW
Walgreens # 11452 3263 N. Ea le Rd. B/W
g
Walgreens # 11681 4850 N. Linder Rd. BIW
Applebee's Grill & Bar 1460 N. Ea le Rd. B1WIL
g
.
Sunrise Bakery & Cafe 805 Main St. B1W/L
Jacksons # 140 3010 Goldstone Rd. BIW
Ram Restaurant & Brewhouse 3272 E. Pine BIW/L
Texas Roadhouse 3801 E. Fairview Ave. BIWIL
Chicago Connection 1935 S. Ea le Rd. BMII L
g
.
Chicago Connection 1639 N. Main St. B
A New Vintage Wine Shop 1400 N. Eagle Rd. #104 BIW
Albertsons #164 20 E. Fairview Ave. BIVU
Albertsons #180 3301 W. Cherry Ln. BIW
Goodwood BBQ Company 1140 N. Eagle Rd. BIW/L
Cafe IndigolCourtyard by Marri ott 1789 S. Ea le Rd. BIVII/L
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JB s Restaurant 1565 S. Meridian Rd. BIW
De Weerd: Item 5, our Consent Agenda.
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Hoaglun: On the Consent Agenda, as noted 5-C is resolution number 11-778. 5-D
is
moved off the Consent Agenda. And there being no further chan es on the Consent
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Agenda, I move approval of tonights Consent Agenda and with the ma or to si n and
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clerk to attest.
Rountree: Second.
De Weerd: I have a motion and a second to approve the Consent A ends as chan ed.
. 9 g
If there is no discussion from Council, Madam Clerk.
Holman: Thank you, Madam Mayor.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Meridian City Council
April 5, 2011
Page 5 of 63
Zaremba: This is not discussion that would re uire remo '
q ving an item, but I Just wanted
to focus on Item 5-C for a moment and thank the Public W
orks Department for all the
effort they have put in in the last couple of ears that allow
Y sus to not take a scheduled
increase in the water and sewer rates and thank you ve much.
De Weerd: Thank you for noting that. Madam Clerk.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, ea' Hoa lun e
Y g , y a.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Item 6: Community ItemslPresentations
A. ,Public Hearing: Meridian Police Department Fee Schedule
De Weerd: Item 6-A is a public hearing on the Meridian Police
Department fee
schedule. I will turn this over to the chief.
Lavey: Madam Mayor, Council, I didn't know I would s eak on this o '
. p ne, so -- on this
particular one we have been working with the Le al De artment to ad'us
g p J tour fee
schedule, much like what we did with the clerk's office. There is some u ' '
niqueness in
what we do at the Police Department, so we couldn't 'ust use the ex
J act same fee
schedule and thats whats in front of us today. These fees are based on wh
en we could
on the same fees that work for the city and the other fees, such as animal co
ntrol costs,
are just -- are based on what the true costs are for what we do for business
based on
the work of Emily Kane in the attorney's office and with the Police De a
... p rtment records
division and right now we Just stand for any public testimon on that. So if I
. Y can answer
questions I will. Otherwise, we will Just take public testimon on the fees.
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De Weerd: Okay. Council, any questions forthe chief?
Bird: I have none at this time.
De Weerd: Thank you, chief. Are there any members of our ublic who wo '
. p uld like to
provide testimony on this item?
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Hoaglun: I move that the public hearing on the Meridian Police De a
p rtment fee
schedule be closed.
Meridian City Council
April 5, 2011
Page 6 of 63
Bird: Second.
De Weerd: I have a motion and a second to close the '
public hearing on Item 6-A. All
those in favor say eye. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
B. Resolution No. 11-779: Adoptin Meridian Police
g Department
Fee Schedule
Hoaglun: Item 6-B is the resolution ado tin the Meridian '
p g Police Department fee
schedule. Therefore, I move to approve resolution number 11-77
9.
Bird: Second.
De Weerd: I have a motion and a second to a rove Item 6-B
. pp ,Ordinance 11 779. If
there is no discussion by Council, Madam Clerk.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, ea; Hoa lun ea.
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De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
C. Public Hearing: Precious Metal Dealers Ordinance
De Weerd: Item 6-C is also a public hearin on the recious metals '
g p dealers ordinance
and I will ask for comments from the chief again.
Lavey: Madam Mayor, Council, hopefully, we will have better luck on '
this one. Over
the last several months, starting in February, the olice de artment c '
. p p ame in front of
Council in regards to the precious metal ordinance and I will 'ust s e
j p ak on that real
briefly and, then, also allow the public to testif if the so choose. An
Y Y d the whole
purpose of this ordinance is to control and track the sale of recious metals and th
p e
reason why that is important is that in Ada County alone we deal with about 1.2 milli
on
dollars worth of thefts of jewelry every year. That's not countin Garden Cit . '
g y I dont
have the stats for that, but that's counting eve other 'urisdiction. Th '
rY 1 e police
departments recover less than 200,000 of that propert back and a lot of times '
. Y what s
happening is that the property is either being pawned or it's bein sold to
g other
businesses and the idea behind it is that establish a holdin eriod for that ro
g p p perty, so
if someone does report their property stolen, there is a chance that we mi ht be
g able to
recover it. If you recall several years ago we established an ordinance and ut a
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Meridian City Council
April 5, 2011
Page 7 of 63
program in place call Leads Online and Leads Online is -- is a service
where the
property is photographed, it's stored in a server. Police have access to it an '
d if we see
something that we believe may be stolen; we can lace a hold on th '
. p at. So, this
ordinance would use that same system. The -- the license would r '
equire that the
person be identified, the property be photographed, and be stored on this serv
er. There
would be a certain waiting period that would be establish before the could ac
y tually melt
the jewelry and do whatever -- whatever the do with it. As instructe
Y d, we sent a
detective around to talk to all the businesses in town. That included the
pawn shops.
They included the businesses that actually bu old and silver and oth r '
Y g e precious
metals. It included a Money .Tree in town, because the actual) had ex ressed -- th
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corporate office had expressed interest in doing gold and silver and it also included all
of the jewelry shops in town in case that they may bu old and silver as well. Came '
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front of Council last month, the changes we made were the holdin eriod. I know
g p at
one point in time we had it as high as 21 days and in the police de artment the Ion er
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we hold it the better chance we have of -- of possibly getting the re ort that's it stolen.
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Oftentimes people will be on vacation or not realize that their ro ert is missin for
p p Y g
some time. So, the longer it is the better it is for us. However, we also reco nize that
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the rates fluctuate in the pricing and they are going to want to sell that as uickl and do
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whatever they are going do with it as quickly as possible so they don't lose mone . So
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we recognize that as well and we lowered it to ten days. As Council is aware, Boise has
seven days. They are talking about extending it to 21 days. Chubbock has ten da s. I
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believe Nampa s proposal is -- well, I just saw it in the paper toda ; I don't even
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remember what it is. I thought it was ten days, but I believe it's less than that. And so
we compromised with ten. There is one other business that expressed some concern
about the speed of their internet connection and we understand that. It wasn't that the
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couldnt do it; it would just be much slower if you took. a picture of it and had it to
download it. I can tell you that it doesn't have to be to a ma'or me a ixel ict r
., 1 g p p Ue,
because it s on the web, so you can actually decrease the size of the picture and s eed
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up the process. But there was no concern in a lot of other places. At least s eakin to
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the detective and I provided those notes to Council last month and I would ho a that if
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there are concerns that people will address those today. And the other ne ative we had
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was a gentleman had wrote a letter, but in reading the letter he addressed the issue of
buying precious metals and this would have no impact on that. So, if he's here toda he
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can -- he can clarify that for us, too, if we might have misconstrued what he's tryin to
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get at. So, with that being said, unless Council has anymore questions, we can take
public testimony and, then, I can answer any questions that that public testimon ma
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create.
De Weerd: Council, any questions?
Rountree: I have nothing further.
Lavey: Thank you.
Meridian City Council
April 5, 2011
Page 8 of 63
De Weerd: Thank you. We will accept public testimon on this item.
Y Is there any
member -- yes, sir. Sir, you will need to come up to the micro hone. And if '
p you wi I I,
please, state your name and address. Thank you.
Williams: I appreciate the ability to talk to you folks, Madam Ma or and the Coun '
. , , Y cil. My
name is Mike Williams. I'm a coin dealer by nature. I have done so since 1969 as a
business. I'm past president of the San Diego Coin Dealers Association in San Die
go,
California. I moved up here, opened up a shop in 2004 on Main Street at 1225 No
rth
Main Street. I m asemi-retired individual. It gives me somethin to do. I'm a law
.. .. 9
abiding citizen and I would like to point out that this I feel Ives undue cost and burden
9
to implement what you guys want. I'm a single proprietor. I do it all b m self. I have
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no internet connection. I do have satellite -- pricing via satellite form old and silver
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prices. I have my little iPad that I use for gold and silver prices, but I'm illiterate when it
comes to the internet. I used to have 15 people working forme in San Die o. I was a
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major player. But they did all that. All I knew was how to do stuff. Well, an a , if a
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person has to hold one ounce gold Krugerrand or a one ounce gold bar for ten da s, 20
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days or whatever, he can lose his pants. You re looking at, in the course of six da s --
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the TV crew was out today and I talked to them and I showed them on m little iPad
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where in the course of a week that the price of gold had fluctuated 65 dollars an ounce
between the high and low. There is no way that a person can conduct business and be
competitive doing something like this. I sell a lot of stuff to business people; I try to sta
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clear of anybody that I think is trying to sell something that it doesn't belon to. I am
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instrumental in breaking a case in Nampa thanks to Detective Doug Borah of the Boise
Police Department informing me of a case where there was a home invasion in Ow hee
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county with a Ruth Gildersleeve and she had a number of one ounce gold coins stolen
and because of that they were able to take surveillance off my cameras and the were
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able to bust that case by people that came in and sold it. They charged them, the of
. Y9
out on bail, and they fled the state. Okay. If I ever have a problem I have no problem
calling you guys up and I have talked to the police department on numerous occasions,
I have had them send in, ask question, no problem. But I am at the age where I'm not
willing to get involved in doing all this stuff. When I buy a coin collection or an estate
there is many coins involved and in a case of an 1883 0 silver dollar, they probabl
. Y
made anywhere from six to ten million. In the state of Idaho everybody believes in gold
and silver, because it's a silver and gold producing state and they believe in buying
Idaho. And they also believe in their rights of doing as they want. If they have these old
coins sent back and they are put back and given to them by their grandfather, whatever,
they don't have receipts for these and there are times that things are tough right now
and they are coming in and selling their heirlooms because the fact they don't have
enough money to pay their phone bill or gas to go out looking for a job. They don't want
people knowing what they doing and that they are hitting on hard times and a way that I
understand this bill is that we have to -- if we buy something from somebody we have to
do all this stuff and send it in. As far as I'm concerned, what they do is their right to do
so, because it's their property.
De Weerd: Sir, can you summarize, please.
Meridian City Council
April 5, 2011
Page 9 of 63
Williams: Long and short, if this bill is assed I retire.
p I m on Social Security anyway
and I m out of here. But what they are oin to do is it's not
. 9 g going to be productive in a
business environment for other people to come in here. It' '
s going to affect lawyers that
do estates; because they liquidate estates, there is 'ewel
j ry and stuff like in there. I
understand if you want to regulate jewel ,because that's som
rY ething thats identifiable,
but when they make many quantities of a coin and ou can't t
. y ell one from another, if a
guy owned it or not, how can you prove ownership?
De Weerd: Okay. Any questions from Council?
Rountree: I have none.
De Weerd: Thank you for being here.
Williams: Okay. Thank you.
De Weerd: If you will, please, state your name and address for the record.
Rohner: My name is Joe Rohner. I live in Boise and, a ain I a reciate the ch
9 pp ance to
speak tonight. Back in the mid '80s to the mid '90s I worked for several differen
t
precious metal dealers and, then, for a pretty good long period of time under m own
sho back in Y
p Minnesota and gold and silver our special things, even if the are in
Y
jewelry form, but more in particular if they are in the forms of bullion coins le al tend
g er
coins and such. They, essentially, give people privacy that -- that is ve hard to come
b , , rY
y these days and many people are shifting their wealth from a er which is meltin in
pp ~ 9
your wallet, into those sorts of things at very rapid rates toda . An ordinance such like
Y
this, even though it has good intentions, has a lot of problems with it and I --one of th
e
biggest ones was alluded to by the gentleman just before and that's in the ra id and
volatile fl p
uctuations of the stock market. Ten days could wipe somebod out on a
Y
purchase or a sale, whether they are a dealer or a member of the ublic sellin . I mean
. p g
today the price of silver -- and I think gold, too, but in particular silver was u darn near
. p
a buck and it might drop two or three bucks .tomorrow and o u and down like a o- o.
g p Y Y
People who -- I guess people who -- who buy those thin s, the dealers the have to
. g y
lock those prices the instant that they buy them and the have to deliver that metal
Y ,
then, to the buyerwho they buy them from. This delay in the rocess it could make a lot
p
of money a little bit further down the road, but it could wipe them out, too. I don't live in
Meridian and in Boise I don't have a shop, I just do a small time business with a few
clients and I'm considering getting back into this, because the real estate business has
been wiped out and I'm a real estate broker -- emphasis on the broke. So when the
precious metals shine everything else is literally in a disaster zone and we are oin to
b 9 9
e moving into that faster and faster, with much more volatility in price fluctuations in
precious metals. And I can see big problems with that. I can see all of the sellin of 'ust
. g 1
about anything leaving town and that business being lost because dealers such as the
one who might retire if this is passed, refusing to even look at those kinds of urchases
p
where there might be some question and if that includes even silver ea les or silver
9
maples or gold eagles, gold maple leafs, whatever bullion coins, that -- that sim I will
pY
Meridian City Council
April 5, 2011
Page 10 of 63
drive that business out of Dodge, too, and robabl be sold
p y over the Internet where you
don t have those kinds of problems. a-Ba ,one of the bi '
Y ggest markets in the planet,
you can literally sell anything. These -- these thieves who are steali
. ng all of these
things I'm sure probably are selling some there but if the d '
y on t maybe they should,
because nobody is going to check their ID. I think the bee erw ' ' ~
p ent off, is that right.
De Weerd: That's right.
Rohner: Thank you foryourtime.
De Weerd: Sir, can I ask you a question. In Boise isn't there a holdi '
ng period right
now?
Rohner: Well, I'm not subject to that, because I don't have a store front sho '
p and if you
do this, which I surely hope you don't, I might suggest that ou look real careful)
. Y y at that.
There is a holding period and the dealers there -- I do a little business bu in --
y g not
selling, but buying from Rosehill Coin Gallery. Those folks could robabl ive ou
p y g y a lot
of information on how that works and several of the other sho s. But there is a holdi
. p ng
period and it causes problems. There is no way to avoid it and the roblems are oin
p g 9
to get bigger as we move into the economic climate we are goin into.
g
De Weerd: Thank you.
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Hoaglun: Joe, if I might kind of get some more of your expertise here. As Mike was
speaking I was trying to formulate a question and it's kind of come a little clearer forme
to ask you. You know, anytime you're buying something, when a customer comes in
gold, silver, whatever it is, you're not giving them the market price at that time are ou?
. ~ Y
It s being discounted to some degree; correct?
Rohner: Well, let me answer the question this way: I can't remember the last time I
bought anything.
Hoaglun: Okay.
Rohner: It's a buyer's market, the buyer being the public, and a lot of the dealers who
have store fronts are buying a lot of products, but you don't. There is a -- there is a bit
of a spread on the spot market for gold and silver and that affects all old and silver
. g
products and depending on the form that it's in, coin or jewelry or such, the marku is
p
one way or the other -- usually when the customer is selling spot or maybe a little bit
below and, then, when the customer is buying it's going to be -- in the case of silver
considerably a percent above spot and gold the same way. There is a bit of a s read all
p
Meridian City Council
April 5, 2011
Page 11 of 63
based on the -- the daily fluctuations of the commodities
exchange stock spot market,
even as J.P. Morgan manipulates it every day.
Hoaglun: And -- I'll ignore that part, Joe. But isn't that --doesn't
that become part of the
business thinking when -- if you have got a ten da dela where '
Y y you can sell it -- I mean
commodity is subject to volatile swings. I mean if war breaks out in the '
Middle East, oil
spikes and you may have bought high or bou ht low and ou're eith
. , 9 y er lucky or unlucky,
whether its logs, grain, gold, silver, any commodit is subject to sudd '
-- ~ , ~ Y 1 en fluctuation. So,
your I mean that s -- it s a speculative market and time eriod has to be f '
p actored in
and dealers obviously do that, because there is holdin eriods throu hou '
9 p g t this country
on this --this type of product.
Rohner: Well, I'm sure there is and I don't have a
lot of experience in that kind, but I
can guarantee you that delays cause problems and it increases the risk considerabl .
Most of the -- the tran y
sactions on larger purchases and sales have to be covered almost
immediately, because like -- if I was going to sell a thousand ounces of silver ea I
. g es to
one of my clients, then, I could lock his price, right away I'm on the hone to the er
p p son
who has to cover that for delivery to me at that price, so I don't et cau ht either u
g g p or
down and you have to do that real fast. With these small transactions ma be it won'
. , , , y t be
quite as impactful if its a piece of jewelry, but if somebody brin s in a -- 500 ounces of
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silver to sell and if thats also all subject to reporting, then, ou could talk some re
Y al
serious damage if the price went down after they bought it and if the can't sell for ten
,, Y
days, you know, God knows what it s going to be in ten da s, but the traders don't.
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Hoaglun: Okay. Thank you, Joe.
De Weerd: Thank you.
Rohner: Thank you.
De Weerd: Additional testimony? Sir. If you will, please, state our name and address
Y
for the record.
Stewart: My name is Jack Stewart. I live at 1663 West Lowe Street in the Tumble
... rY
Creek Subdivision.
De Weerd: Thank you.
Stewart: Now, I'm not a dealer, I'm a customer, and I'm ve concerned that if I bu
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some precious metals and it says here that the dealer has to put that -- ive the
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information to the police and they put it online, that means everybod in the count will
Y rY
know I got it. That s kind of an invasion of -- do the police have some wa of restrictin
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that information where it wont get out to everybody?
De Weerd: We will address that, sir.
Meridian City Council
April 5, 2011
Page 12 of 63
Stewart: Okay. The other question I had was if a dealer bu
ys some precious metal or
jewelry and it later turns out to be stolen, he would have to ive i
. g t up and that would be
a tremendous loss for him. Therefore, I think that if the olice rec ' '
s p eive a notice that
omething has been stolen, they should have a list of all the dealers
and they should
notify them immediately with a description, so that if somebod sh '
y ows up with that
product the dealer would say, oh, oh, I hadn't better bu that becaus ''
Y e its probably
stolen. So, that was a suggestion to the police. There is a lot of --dealer '
s have to give
the police a lot of information, but the police don't ive the dealer an '
. g y information,
according to this ordinance. That's it. I got some other uestions that Iwill a --
q sk the
the attorney later. But that s -- if I can get that answered about -- abou '
t information
about me going online --that's reallytoo much. Thank ou.
Y
De Weerd: Yes. And we will make sure that the chief addresses those two u '
q estions
Stewart: Thank you.
De Weerd: Thank you. Yes, sir. Good evenin . If ou will lease state
9 Y , p your name
and address.
Osborn: My name is Hubert Osborn. I reside at 4199 East Switzer Wa in Nam a.
Y p
De Weerd: Thank you.
Osborn: I came over here as an observer, but Nam a 'ust went throu h this and
.. p J g we
had a citizen s committee get together with the chief and came u with an ordinan
. p ce,
which I think is acceptable and I notice that in the testimon eo le are concerned
Yp p
about the business, holding it for ten days. Nampa settled on five and also the records
do not have to be transmitted to the police station. The dealer is re uired to hold them
. q
for one year and they are to be examined if the police have a reason to examine them.
It's not something they have to do every day. And I have a co of the ordinance if ou
pY y
would like to look at it.
De Weerd: Thank you. I -- we will see if the chief has alread -- t icall the look at all
Y Yp Y Y
the different ordinances, but thank you so much. We a reciate our testimon .
pp Y Y
additional testimony on this? Chief.
Lavey: Madam Mayor, Council, I was taking notes and ho a that I have covered
. p
everything and, if not, I can come back up here. There is no cost for this. The Leads
Online service is paid for by the police department. The cameras are su lied b the
pp Y
Leads Online service. There is a cost in regards to the internet connection. So for the
gentleman that does not have an internet connection, there is --there would be the cost
of that. But as far as anybody that does have an internet connection, there is no cost to
the businesses. Nampa just had their first reading last Monda . We did use the Nam a
. Y p
ordinance as far as a guideline. I can tell you that I understand what Nam a did as far
p
as with the five days, but oftentimes the person doesn't even know somethin is stolen
. g ,
so five. days is not really quick enough. But if that's all we get, that's all we et. Like I
9
Meridian City Council
April 5, 2011
Page 13 of 63
said before, the longer we get the easier it is for us, but if we are on '
a short timeline we
will deal with it. All the other municipalities current) have an ordi
Y Hance. Ada County
has an ordinance. Nampa has the ordinance soon. If we do not '
do something we will
be the only city without the ordinance and all the eo le that have b '
p p ad intentions will be
coming to Meridian to sell their products. So, we can either come on '
board with
everybody else or we can be the area that all the criminals will comet '
o to sell their
property and this will affect the current business owners. There is no recei t '
p s required
to sell, so for those people that have the famil heirlooms or re uire -- or '
. Y q acquired it a
long time ago, you don't need a receipt to actual) sell our roduct '
. Y Y p ,you dust need to
identify yourself as the person that's actually sellin the roduct. A ain
g p g ,the records are
not transmitted to the police department. A photogra h of the ro ert is tran '
p p p y smitted to
the service. No other additional information is stored. The records are k '
ept on file with
the businesses and, then, we do go in and search those records if need
be. As far as
protection of that property, it's not like you can Google it and et the information
. 9 .The
information is not available to just anybody. The information is onl avail
y able to the law
enforcement agencies that subscribe to the Leads Online service. The
y are the only
people that have access to the system. So, you can't o in there and se
. g e what
everybody is selling or what everybody's buying. It's kind of like loin business
g at the
bank, not everybody is entitled to that information, onl certain eo le are.
Y p p Of course,
the bank workers themselves would be available to that information. And so in '
this case
the workers at the Leads Online would be available to that information as w
ell as the
business owners themselves. So, I can't tell you that onl olice officers will h
. . , Y p ave that
information, but its not something that's public information. One thin to kee in '
. g p mind is
we have strict ordinances in regards to the pawn shops. I wish there was some
here
today. The pawn shops and the precious metal dealers are different entities tha
t are
kind of doing some of the same things, but there is a distinct difference. We
already
require the pawn shops to do this when they -- when they bu ro ert .Therefore wh
. Yp p Y y
is it fair for them and not fair for the other ones? As stated, with this ordinance in la
p ce
we are still going to have the issue of eBay or any other online services. It's 'ust a fact
1
of life. We -- we cannot control everything. But it will sure control what ha ens in
cit . pp our
y And in regards to property that is actually stolen, that information is alread shared
with th y
e businesses in town. When we actually have descriptions of ro ert that is
p p Y
actually stolen that we think may be pawned or may be sold, we will rovide that
. p
information to the businesses. They may not every time, but a lot of times we will
because if we put them on alert, then, they are going to be able to identif our sus e
y p cts
as soon as they come in and it makes our job a heck of a lot easier. So that
information is already being shared. I believe that covers eve hin . If it doesn't w
~ g e
can hear from everybody else and I will try to answer those questions. And Council if
they have -- if you have any questions.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: Jeff, I missed it apparently, but address the question about bein a bu er
. 9 Y
and information about a buyer being taken and being put online.
Meridian City Council
April 5, 2011
Page 14 of 63
Lave :The information would -- would be recorded with the business, but not with the
Y
Leads Online service. Only if we actually -- if the business actually purchased
somethin . So, if they sold something that picture would go online. No other
g
information would go online.
De Weerd: And the only one with access is law enforcement.
: Yes. So if the business actual) holds that record as far as if they -- if that
Lavey Y
roperty -- if they have property that they are selling --that someone goes in to buy that,
p ..
whatever record that they currently keep is the record that exists. We are requiring a
record we are onl re uiring a record for people that actually are selling things to the
Y q
business. So, that would be up to the individual customer in the business. The police
department does not have access to it.
Hoaglun: So, Madam Mayor and chief --and maybe this is a question for legal counsel.
So, under Idaho's law public records request an entity couldn't go in, news organization,
whoever, make a public records request to the dealer saying you have public records of
people who sold gold, silver --
Lavey: Not a public record.
Hoaglun: It's not a record.
Lavey: It's a record of a private business. It's not government. It's not a private record.
Hoaglun: Okay.
Lavey: I mean it's -- excuse me. It's not a public record, so that -- the public records
law does not apply. In fact, the only way that law enforcement could get it is either
through consent orthrough a search warrant.
Hoaglun: Okay. Thank you.
De Weerd: Okay. Any other questions from the chief or any of those that provided
testimony?
Rountree: I have none.
De Weerd: Thank you, chief.
Rountree: Madam Mayor, question and it's probably for Mr. Nary. The public hearing is
still open. Do we maintain the public record to be open during the first reading of the
ordinance and continue it opened until such time as we take action one way or another
on the ordinance?
Meridian City Council
April 5, 2011
Page 15 of 63
Na Madam Ma or, Members of the Council, you can certainly do that. You can
ry Y
either close the hearin if ou wish or you leave it open if you would like to, again, invite
9 Y .~
an more information. Toni ht is first reading only of the ordinance. So, it s scheduled
y g
for either one ortwo more readings in front of you and, then, you have more opportunity
to receive information if you would like. That would probably be the best way to do it is
just leave it open.
Rountree: So -- and if you would -- there is a number of folks in the audience that are
interested in this topic -- explain to them what first reading means.
Na :Under the Idaho Code ordinances are to be read three separate times and there
rY . .
is an ability to condense those readings, but what was directed by the Council is that we
would have on these types of ordinances an initial reading, which, basically, is just the
listin on the agenda, and the title is read, no other action is taken, we don't actually
g ..
read the ordinance out loud. And, then, it will be set over for one or two additional
readings before action is taken. So, if the Council desires to leave the record open that
allows people to, then, submit any written testimony and if the desire of the Council is
on --to have one more public reading -- orone more public opportunityfortestimonywe
could certainly schedule that. I would suggest we do it on the second reading, just so if
there is changes that are being recommended by the Council, then, we can bring that
back for a third reading with the changes as requested.
De Weerd: Thank you, Mr. Nary. So, Council, what is your direction on this item?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: We --this would be enacted on when we -- to leave the public hearing open when
we take care of the ordinance, wouldn't it?
Nary: I'm sorry?
Bird: The enact -- to enact to keep the public hearing open, we will do that when we do
the ordinance -- reading of the first ordinance ordo we do it in a separate motion?
Nary: Madam Mayor, Members of the Council, I suggest since you have opened --
there are, essentially, two items on your agenda. I would suggest that if your desire is
to keep the public hearing open to move in that direction on this item and, then, again,
we can schedule the second reading if you're going to seek testimony -- next week is
your workshop meeting. It might be cumbersome to do to a public hearing at that one,
so if you want to schedule the second reading for two weeks we could do that and that
would give an opportunity for, again, more comment by that.
Bird: Okay. Madam Mayor?
Meridian City Council
April 5, 2011
Page 16 of 63
De Weerd: Mr. Bird.
Bird: I would move that we continue the public hearing on the precious metals
ordinance until the final decision.
Hoaglun: Second.
De Weerd: I have a motion and a second to continue the public hearing to the final
decision. I robably need a date certain. If we continue this fortwo weeks, which would
p
be the next reading, and, then, the third reading would --
Rountree: Would be the following week.
Hoaglun: The 19th.
Bird: 19th and 24th.
Nary: 26th.
Bird: 26th I mean.
Zaremba: 19th and 26th would be the available --
De Weerd: We need a bank who will donate the calendars again.
Bird: I got one here. We have to close on the 26th before we --
De Weerd: So, you can continue this to our next meeting, which is in two weeks, and,
then, if you want to continue it again --
Bird: I'd continue this public hearing until the 19th of April, 2011.
Rountree: I will second that.
De Weerd: Okay. I have a motion and a second to continue the public hearing to
March -- or April 19th. All those in favor say aye. Okay. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Hoaglun: And, Madam Mayor, what we did is to allow folks an opportunity to contact us
-- you can find .our a-mails on the website if you have more comments to send in,
suggestions. That's what we are doing by keeping this public hearing open is to solicit
your recommendations and comments, so --
Meridian City Council
April 5, 2011
Page 17 of 63
De Weerd: We would ask that the comments go to the City Clerk and, Council, any
comments ou et direct) ou need to put it in the public record, so, you would need to
Y g YY
forward that to the City Clerk.
Hoaglun: Thank you, Madam Mayor. I justforget that.
D. Moved from Item 10B -Ordinance No. 11-1479: Precious Metal
Dealers (first reading)
De Weerd: For the record. Madam Clerk, at this time we will ask for the first reading of
' is current) on the a enda rinted under 10-B, but moved to 6-D. If
this ordinance that y g p
you will read that ordinance by title only.
Holman: Thank you, Madam Mayor. This is the first reading of City of Meridian
Ordinance No. 11-1479, an ordinance amending Meridian City Code Section 3-5-2A
re arding pawn brokers dealing in precious metals, amending Meridian City Code
g
Section 3-5-9B4 regarding pawn broker records, adding a new chapter, Chapter 9, to
Title 3, Meridian City Code, regarding precious metal dealers. Definitions, applicability,
and exemptions, license required, application and procedure. Operating requirements.
Prohibited acts by precious metal dealers, penalties, and enforcement, prohibited acts
by persons selling goods to precious metals dealers and penalties, providing a
severability clause and .providing an effective date.
De Weerd: Thank you. You have heard the first reading of this ordinance. Again, if
ou have comments we invite you to send them into the City Clerk and as was noted we
y , .. , .
will again provide testimony if it s continued to the third reading on April -- oh, it will be
on the 19th. So, we would invite you to either provide your testimony in writing or join
us again on the 19th for the continued public hearing. Thank you all for joining us,
those of you that are hear for this item.
Item 7: Items Moved From Consent Agenda
D. Memorandum of Understanding between Meridian
Development Corporation and the City of Meridian regarding
Idaho Power Easement in Centennial Park
De Weerd: We did have an item moved from the Consent Agenda. Item No. 5-D. I will
ask for notation of the connection of the listing of this item at this time.
Nary: Thank you, Madam Mayor, Members of the Council. I had asked Council
Member Hoaglun to pull this off. This has come to my attention from the Parks
Department. This is a utility easement, an MOU with the MDC in regards to an Idaho
Power easement and this is actually already been approved by the MDC, so we needed
to make them aware that there was a misword in here, which could change the meaning
of the document and, basically, it is on the second page. What we are going to ask you
to do is with your motion to approve this MOU also moved to include this into the
Meridian City Council
April 5, 2011
Page 18 of 63
document. On a e two in the whereas clause at the top of the page it says: Whereas
p9
in order to accommodate the location of the sector and transformer boxes in Centennial
Park Idaho Power -- and it currently says Idaho Power will, A, utility easement and it
sa s -- it's su osed to say prepare. In an earlier version of this document --and it was
y pp
prepared by the MDC's counsel, so it wasn't me. They -- it did say --
DeWeerd: We are so glad you clarified that.
Na : I 'ust wanted to make sure we got that on the record as well. The prepare was in
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there and so -- in one iteration or another it got dropped. So, if the Council moves that
that be inserted we will advise MDC. We don't anticipate any issue with Idaho Power or
MDC about it; we just wanted the record to be clear.
De Weerd: Thank you. So, Council, in your motion you need to probably include --
through no fault of our city attorney, this change needs to be made.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we approve the MOU between Meridian Development Corp and the City of
Meridian regarding the Idaho Power easement in Centennial Park with the notification
that our attorney did not prepare it and we had a wrong word in it.
Rountree: Second.
De Weerd: I have a motion and a second on this item to approve with the noted
change. Any discussion? Madam Clerk, roll call, please.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Item 8: Action Items
A. Public Hearing: MDA 11-002 Meridian Town Center by Meridian
CenterCal, LLC Located at Northeast Corner of E. Fairview and
N. Eagle Road Request: Amend the existing Development
Agreement (Instrument #108131103)to Include an Updated and
Expanded Development Plan and Minor Edits to the Text of the
Agreement
De Weerd: We will move to Item 8 under Action Items. Our first public hearing is MDA
11-002. I will open this public hearing with staff comments.
Meridian City Council
April 5, 2011
Page 19 of 63
Wafters: Thank you, Madam Mayor, Members of the Council. The next item before you
is a modification to the development agreement for the CenterCal property at the
Meridian Town Center. The sub'ect roperty consists of approximately 90 acres. It's
J p
current) zoned C-G and is located on the northeast corner of North Eagle Road and
y . ..
East Fairview Avenue. At the time of annexation in 2008 when the original concept plan
was approved CentralCal did not own the northern portion of the site. Since that time
the have acquired the property. The concept plan here on the left-hand side is the
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original plan that was included with the annexation. The applicant is now proposing a
new conceptual development plan shown on the right that includes a mixed use lifestyle
center, a retail center and a residential area. The new concept plan depicts retail
between 532,986 and 974,000 square feet. Office uses between 43,500 square feet
and 136,000 square feet. And residential between 140 and 175 units. The applicant
proposes changes to the text of the agreement as follows: Minor edits to reflect timing
of the amended DA and updated references to new design standards, except where
specifically noted. Parking standards from the original development agreement will still
be applicable. Minor edits to clarify that additional residential housing does not require
modification of the a reement. And edits to reflect phasing of the agreement. Written
g
testimony has been received from Deborah Nelson and the applicant on this application
in response to the staff report. The only outstanding issue for City Council is that the
applicant requests Section 7 of the development agreement to be modified to read:
Com liance eriod. This agreement must be fully executed within two years after the
p p
date of the findings for the development agreement modification application or it is null
and void. In such event the original development agreement shall control. Staff is in
agreement with the proposed modification.. And staff is recommending approval of the
ro osed modification to the development agreement. Staff will stand for any questions
p p
the Mayor and Council may have at this time.
De Weerd: Thank you. Council, any questions?
Bird: I have none.
De Weerd: Okay. Is the --
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I can't tell off -- off of my illustration here, but I think the parcel in the
northeast that has no structure on it is future residential; is that correct?
Wafters: That is correct, Councilman Rountree.
Rountree: Okay. A little fuzzy on the screen.
De Weerd: It's not for my eyes.
Meridian City Council
April 5, 2011
Page 20 of 63
Rountree: Can I borrow your glasses? Thank ou.
Y
De Weerd: Is the applicant here? Good evenin . If ou will lea
g y , p se, state your name
and address forthe record.
Trottier: Yes. Craig Trottier, vice-president develo ment Cent r '
p e Cal Properties, 42
North 650 West, Farmington, Utah. Pleased to be with ou toni ht
. y g and pleased to be
moving forward again on the project. The last two or three ears
y have been
challenging, as you re well aware. The ap lication before ou toni
p y ght reflects some
changes in the retail world that has evolved in the last two or three e
y ars and probably
so -- we have had the opportunity over the last cou le of ears to continue
p Y to analyze
the property and also visit probably most of the successful and so
me of the not so
successful retail projects across the country and made Chan es in asso i '
.. g cation with
those visits as we have studied and made an effort to make sure that w '
e insurance the
long-term success of the project. We are in a fortunate osition toda th
p y at there are not
many retail projects in the country under development. The financin world has
. g made
that very challenging today. But as retailers have be an to emer a in '
g g the economic
slow down, they are now once again looking for o ortunities for new stor '
pp a expansions
and we represent one of those significant opportunities that we think is
the best
intersection in the state of Idaho and we are fortunate we have our financin '
g in place.
We are prepared to move forward quickly and have a number of retailers '
pushing us to
get them open as quickly as we can accommodate them. So, we have -- we con i
t nue to
work with ACRD and ITD on the traffic issues associated with that. We have r '
p ovided
them with a new traffic study updated with the new site Ian and current traffi
p c co u nts.
We are working through a Stars agreement with them, which is ve im orta
. , ry p nt for the
viability of the project, and look forward to continuin work with them to addres '
. 9 s their
concerns and implement the improvements necessary to -- to accommodate this. The
commitment to quality of the project is higher than ever. That's one of the ke element
y s
as we have studied these projects across the country and believe that in the challen in
environment oin g g
g g forward that the -- to insure the long-term success of the ro'ect we
believe th ~ p ~
at a commitment to quality that attracts the best tenants insures the Ion -term
viabilit of the g
y se -- of these projects and as a long-term owner we are ve committed to
that ~ ry
and we will continue to -- to work with the staff and the cit as we continue throu h
y g
the CZC process and the planning process to make sure that we have the n'
icest
amenities and architecture and improvements, so we create somethin that we are
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proud of not only the day it opens, but for the 20 or 30 years and that the cit is roud
Y p
of. I'm happy to address any questions you may have orthat arise from the audien
ce.
De Weerd: Thank you. Council? Mr. Hoaglun.
Hoaglun: Madam Mayor. Thank you, Craig. Appreciate that overview. Just a '
. quick
question on your-- on youreastern border, Records Road.
Trottier: Yes.
Meridian City Council
April 5, 2011
Page 21 of 63
Hoaglun: What's the status of the easement on that?
Trottier: We have deeded over our portion of Records Road to ACHD. That was
completed and recorded last week. So, I know the park trust is anxious to com lete that
. ,, p
and move that forward and we are anxious and willing to help them. We have deeded
over our portion and we will continue to work with adjoining property owners.
Hoaglun: Okay. Thank you.
De Weerd: Thank you. Any other questions from Council?
Rountree: I have none now.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I'm glad to see this action is happening. We appreciate our --
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De Weerd: You need to turn on your microphone.
Zaremba: I'm glad to see that action is happening and we appreciate our stickin with
. Y g
us and keep it moving. The redesigned or the proposed concept on the northern onion
. p
of it -- I won t call it a strip mall, but it looks like afairly --
DeWeerd: Power center.
Zaremba: Uh?
De Weerd: Power center.
Zaremba: Yes. It brings to mind the development on the northwest corner of Ustick
and Eagle where I believe there is residential proposed to be behind some of the
buildings and the issue there was the treatment of the loading docks in the rear onions
. p
of buildings to, one, mitigate sound and traffic issues for the residences and, basicall ,
y
to make them look more attractive than the backs of buildings usually do. Are ou
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taking that into consideration as well?
Trottier: Absolutely. We recognize that's critical for the success of that propert and as
y
we look at that northern property area it was really too deep to function completely as a
retail only piece and with the park under construction, you know, that frontage along the
park makes for fabulous residential property. But to insure the success of that, we
recognize that has to be spring properly, light, noise, everything you're talking about,
and that will be critical to our design to make sure that both sides work and we have an
economic incentive to make sure that that works, obviously, as well.
Meridian City Council
April 5, 2011
Page 22 of 63
Zaremba: Great. Thank you.
De Weerd: Thank you. Any other questions? Thank you, Craig.
Trottier: Thank you.
De Weerd: This is a public hearing. Is there any members of our public who would like
to provide testimony? Good evening. If you will, please, state your name and address
for the record.
Crownover: Yes. My name is Keith Crownover. 2596 East Summerdawn here in
Meridian. I also represent A New Leaf, which will border this area on the north side
across by River Valley Elementary. The reason I'm concerned about it is when we first
went to the meetings at the Marriott when we first talked about this -- by the way, I'm
also a contributor, financierfor the project, as a member and retired member of the Stirs
and Stirs and financial -- I have indirectly helped fund this project since it is going to be
funded by Stirs.
De Weerd: Well, thank you, sir.
Crownover: But glad to see that, that some of the money that I have paid throu h the
. g
years is going to help do something of significance. But A New Leaf is a developmental
disability agency and we have five buildings that we operate there in front of River
Valley Elementary, both adults and children who are disabled and also have full ran e
9
of autism and so many of our clients -- we have approximately 200 employees, but
about 450 clients, so we have people coming and going all the time on East River
Valley. And the thing I'm concerned about is the ingress and egress, that that is ve
ry
tough at times, because of the flow of traffic and one of the things we have talked about
in the very beginning was that there would be a signal light there and I have kept track
of the different designs that come up on the web for CenterCal and so my concern
would be is that there is somehow or another there will be a signal light there at East
River Valley where not only the school comes out, but all of my participants and m
. Y
employees are coming and going, several of them many times throughout the day. And
so from a concerned standpoint that's one of the things that I don't see, you know, on
any of the plans. And so I would just advocate that that be taken into consideration
when that time comes, because I can't see anything that says yea or nay right now,
even though it was talked about in the very, very beginnings. Okay?
De Weerd: I can say that that was a topic of discussion with the original application and
certainly to make their project work they want that a lighted intersection as well. As well
I think the city and CenterCal worked with the state to modify the Star legislation, so that
some of that, which they would be correcting an existing deficiency, was contemplated.
So, those kind of things have been considered. Certainly the elementary school and
those businesses in that area across the street are important to the safety and function
of that road .
Meridian City Council
April 5, 2011
Page 23 of 63
Crownover: Right. I have hundreds of times in and out with my -- with my business
that's coming in and out of there.
De Weerd: I can imagine.
Crownover: This is my retirement out of -- I retired out of California and came up here
and taught three more years in Meridian before the family business took off and so we
are -- we are in a family business there. But, anyway, I'm just concerned -about all the
people; because they talked about sometimes it's very hard if you are going to go north
especially to cut across the traffic.
De Weerd: And since we police -- since our public safety services, both police and fire,
respond to that area frequently, we are equally concerned and keeping an eye on that.
Crownover: Okay. Thank you.
De Weerd: Thank you so much.
Crownover: My apologies for not addressing you, Madam Mayor and Council Members.
You know, you get olderyou forget things, don't you?
De Weerd: Absolutely. Any additional testimony on this item? Any summary remarks
from the applicant?
Trottier: Yes. Just briefly as it relates to the traffic signal at East River Valley. That is
critical for our success and I don't think we have any scenario where we wouldn't
anticipate that being part of our improvements. Obviously, that's controlled by ITD, but
it's -- and ACHD, but that's part of the process we are working through with them and
that's critical for us as well.
De Weerd: Thank you.
Trottier: Thank you.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: That subject does bring a question to mind and that would be phasing. I
don't know if you're farenough along in your plan, but do you have a phasing plan?
Trottier: We have about 20 of them.
Zaremba: Of course. I guess my concern is how soon is River Valley going to get built,
so --
Meridian City Council
April 5, 2011
Page 24 of 63
Trottier: Well, I think in most of those scenarios East River Valley -- signaling East
River Valley is part of the initial phase. I think that's critical for almost anything that we
do. So, we are juggling a large number of retailers and spacing and location and that
final -- that final phasing will determine what happens, but in almost every scenario that
signal at East River Valley is one of the initial improvements.
Zaremba: Thank you.
De Weerd: Okay. Thank you.
Trottier: Thank you.
De Weerd: We did have someone on the public record sign up as neutral. Vick and
Linda Kovaleski. So --
Rountree: Madam Mayor?
De Weerd: -- signed up as neutral. Unless you want to provide testimony. I'm sorry; I
just noticed the sign-up sheet. Okay. Thank you.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: Seeing no more testimony, I move that we close the public hearing on Item
8-A.
Bird: Second.
De Weerd: I have a motion and a second to close the public hearing on Item 8-A. All
those in favor say aye. All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I move that we approve Item 8-A, public hearing MDA 11-002 for Meridian
Town Center by Meridian CenterCal, with the stipulation as provided by staff that the DA
modification of Section 7 is also included in that approval recommendation.
Bird: Second.
De Weerd: I have a motion and a second. Any discussion on Item 8-A?
Madam Clerk, will you, please, call roll.
Meridian City Council
April 5, 2011
Page 25 of 63
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
De Weerd: Well, we look forward to some activity out there. I think many in the
community have been watching it. I get that question often, so -- in addition to the park,
which we are thrilled that we have an easement. Thank you. At least one part.
B. Public Hearing: CPAT 11-001 Comprehensive Plan Revamp by
City of Meridian Planning Department Request: Amend the
Text of the City of Meridian Comprehensive Plan Which
Includes the Following:l) Adoption of the 2010 Existing
Conditions Report as an Addendum to the Plan; 2) Updates to
the Text of the Plan; 3) Changes and Additions to the Goals,
Objectives and Action Items Contained in the Plan AND 4) A
Complete Reformat of the Plan
De Weerd: Okay. Item 8-B is a public hearing on CPAT 11-001. I will open this public
hearing with staff comments.
Hood: Thank you, Madam Mayor, Members of the Council. It's my pleasure to present
to you -- and it's hopefully a final version. The Comprehensive Plan revamp that we
have been working on for a little over a year and a half now and I think you're all pretty
familiar with this -- with these documents, but I do want to take this opportunity to give
you a little bit of a refresher and for those in the audience and for the record as well.
The first slide that I have for you tonight -- excuse me -- is the reflection of the voting at
the State of the City address in February. We had our main display board was an
option of pictures for the cover and the one you see on the right-hand side there is the
one that received the most votes. The one on the left is -- came in second place and
that will be the cover of our Existing Conditions Report. So, this will be the first page
that you see of the document after it's adopted. Like I mentioned, I want to just do a
quick refresher on Comp Plans in general. The Comp Plan is our official policy guide
for decisions concerning the physical growth of Meridian. It establishes a vision and
course to address issues and concerns of the community. The plan applies to all of
Meridian and our area of city impact. It has a ten to fifteen year horizon, but some of
the elements are addressed on an earlier time frame and some of them a little bit
longer. The plan works with other planning-related documents in code, like the UDC,
sewer and water master plan, parks and recreation system plan, pathways, CIPs. I will
talk about that a little bit more here in a few minutes. The plan indicates in a general
way how our community should develop and grow. You have heard it referred to as
your guide for growth, so -- excuse me. So, that's what we have got tonight. The
current Comp Plan was adopted in 2002. You all know we have changed a lot since
2002 and that's why we -- we took this project on in about a year and a half ago. The
Meridian City Council
April 5, 2011
Page 26 of 63
current document is also bulky and not really user friendly. It la s out our ath our
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current and our future conditions within each chapter. The new format that we chose
and the structure includes removing the current conditions and uts it into that Existin
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Conditions Report that you saw the cover of as an addendum to the Ian. That Ian is
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also part of what you re adopting tonight, so the Existin Conditions Re ort and the
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Comprehensive Plan. The Comp Plan is forward lookin and it's formatted around the
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citys focus areas and initiatives, economic excellence, strate is rowth services meet
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demand, organizational excellence and stewardship of the ublic trust. And then the
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layout of the chapters, like subjects were linked together to ho efull make the
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document flow. I hope you all find that true. And, then, at the end of each cha ter are
the p
goals, objectives, and action items. The Comp Plan with the Existin Conditions
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eport addresses all the state code requirements -- or required elements of the
Comprehensive Plan. New topics include sustainabilit , ualit of life communit
Y q Y y
design, healthy initiative, and arts. None of those were addressed in our 2002 version.
Substantial updates were made to housing, economic develo ment trans ortation and
. p ~ p
the goals, objectives, and action items. We also had some chan es to our mixed use
g
diagram that are part of that. I do want to stress that there are no future land use ma
p
changes with this application and it is a text only request. There are some ma s --
p
De Weerd: I'm glad you noted what FLUM meant.
Hood: Right. Future land use map, so no changes to that.
De Weerd: Thank you.
Hood: There are other changes, though, Mayor and Council, that -- that do occur in the
document. There are other maps that have been updated and tables and charts have
been updated, but not our future land use map. So, some hi hli hts. A ain staff has
g g g ,
been working on this -- both these documents for about a year and a half or so. In Ma
of 201 y
0 we had our first meeting with you and the Planning and Zonin Commission to
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review the Existing Conditions Report. We established four work rou s; I believe it
9 p
was, to address those new elements that I mentioned just a minute a o. We had
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internal review of our updates and the policies that were -- that are in the 2002 version.
We routed that to all the departments, asked for their feedback, what's been
accomplished, what hasn't, what needs to be updated, what's still relevant. And, then
in December we had another joint meeting that you all did with the Plannin and Zonin
g g
Commission to review that first draft of the Comp Plan. Some of the ste s in our ublic
.p p .
outreach I maybe wont go through all of those, but there was quite an extensive
outreach to get the word out that we were in the process of revampin and u datin our
g p g
plan. Blogs. I have been updating the website on a -- when the critical u date was
p
needed I have been updating those, so the updates on the website and kee in eo le
p 9p p
in tune if they were interested in this topic. And, then, public service announcements for
the hearing this evening. So, some of the chan es all in hi hli hts sin ' '
g g g ce our joint
meeting that we had with the Planning and Zoning Commission in December. You ma
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recall at the back of the document, as an appendix, was an implementation Ian and we
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got some comments on the repetitiveness, as well as the lead for the various action
Meridian City Council
April 5, 2011
Page 27 of 63
items. So, we -- we played with that a little bit. We took the oats ob'ectiv
g j es, and
action items out from that Comprehensive Plan document and it shrunk our locum
ent
down and lost about a third of its pages, which is ood. We kee all that text ' '
g p ,but it s at
the back of each -- each chapter now. We also added a new column that make '
s it clear
who the lead for each action item is and so it's not as re etitive and it doesn't r '
.. p elist all
the policies in the chapters and at the back of the Ian. The Ian that we
. p p have
established or will begin the process and hope for your blessin this evenin is w '
g g e will
still use a document that you saw during that December worksho so a com reh '
p, p ensive
document, but we will use that more internally so we can communicate
across
departments. We plan on getting together shortly after this is ado ted and brin '
. p gang all
the relevant city staff and other agencies if applicable and rioritize and sa this i
p y s what
we should be working on first, second, and third, that kind of short medium and Ion -
9
term goals and bring that back to the Council for your input on are we workin on the
9
things we should be working on or not. But we will do that as a team of cit
Y
departments. So, that would be a task that will be, a ain, later on this s rin and
g p g
probably into the summer we will try to prioritize all those thin s listed in what we call
g
the implementation plan. So, if you hear that nomenclature that's what we are talkin
about th ~ g
e implementation plan. Also during the December workshop we about talked
the potential for the city to add or adopt the future acquisitions ma and that of a little
. p 9
bit of discussion as well. On page 44 of the draft that's before ou toni ht there is a
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section on the future acquisitions map. We had a meeting with some of the ke staff
m ... Y
embers last month and discussed the feasibility of that map and took our comments
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into consideration. We do still believe that there is some merit to the cit ado tin a
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future acquisitions map. However, instead of depicting on the ma all the facilities and
p
infrastructure needs over a 20 year time frame, we propose to use that future
acquisitions map for specific and critical properties that are needed. to ex and
p
infrastructure and really what we come up with is three that we think fall into the
category that can't float around. Like a park maybe can where it doesn't have to be a
parcel specific, it can move a quarter mile or a half mile away and still -- ou can still ut
. Y p
a park in there or a fire station. The three we have identified as this kind of workin
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group are wastewater treatment plant expansion. Obviously that has to be adjacent to
the wastewater treatment plant. So, a couple of properties around the wastewater
treatment plant. I think I have a map here. So, what you see here are -- the reen
g
would be sewer. So, the first green one -- wastewater treatment plant. And ri ht now
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we don t have those specific properties highlighted. This is just a general idea of what --
you know, where those -- where that map would have some locations fors ecific sites.
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The second one is on this map and that would be certain well sites that ma have water
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quality issues in the future and Public Works needs and adjacent facility or pro ert to
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address those concerns. Again, it needs to be adjacent to -- to treat that water in
anticipation of there being some water quality issues. And the third, which isn't on this
map, but I think I can probably draw it on here relatively quickly, would be a rail with trail
corridor. So, that would be the three properties that we, potentially, see bringin back
9
before you tonight. You re not acting on that. The language in there to date does not
have a map for future acquisition, it's just I wanted to touch base with you a ain and sa
g Y
this is the direction we are going. If you dont like that you can let me know now and we
will amend the language in the current draft and pull it out. If you don't want to -- I mean
Meridian City Council
April 5, 2011
Page 28 of 63
if you don't like this idea. But we will bring a Comprehensive Plan -- at least the
intention is to bring an amendment to this hopefully newly ado ted Ian with a future
... p p
acquisitions map and we will have a map that will be parcel specific. As ou can see
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there is about ten properties or so, excluding that rail corridor that would be on this
future acquisitions map. So, I will -- I will pause for just a minute to see if there are an
Y
comments on that concept and, then, I will move on.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: Caleb, I think it's a good idea to -- to have this in lace and robabl need to
p p Y
add a few other components, like parks and et cetera that are alread in another Ian
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but it would be nice to consolidate them. My concern is the use of future ac uisitions
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map and the confusion that might bring to somebody who is familiar with state statute
also uses that term and comes with it a whole bunch of process and re uirements. So
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if you use the term make sure you state in the document that it is not referrin to that
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section of the state statute. Or is it your intent that that's what we are oin to be
. ~ 9 9
doing. And if thats the intent, I think the Council needs to understand what that -- the
position that puts them in.
Hood: I'm sorry, Madam Mayor, Councilman Rountree, I should clarif , because we are
Y
-- the intent of this future acquisition map is to use that term. Future ac uisitions ma
q p
as outlined in Idaho Code 67-6517 and that's why we have scaled it back to this level.
This is where we would potentially have to use the powers that are in that -- that state
statute to acquire these properties, because they are critical. I mean that's the ke --
staff ~ Y
has said we cant -- if we allow something else to develo ad'acent to the
p 1
wastewater treatment plant, we can't expand. You can't just move that somewhere
else. We have to have that property. I understand private propert ri hts and that is an
Y9
issue and we can have -- we can talk about that more, but I should have made it clear
and I apologize, that is the intent with this map, so --
De Weerd: I think we need to talk about that more, but not toda .
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Rountree: I agree.
Hood: Thank you. I just wanted to let you know we heard your comments and we are
working on it some more. So, I will be back with some others in the near future. So I
will move on. So, just before the Planning and Zoning Commission meetin last month
g
on this same item, park -- the Parks Department requested some chan es. The
. g
Planning and Zoning Commission accepted those changes, pa es 14, 64 and 79.
9 ,
They were pretty minor changes. They weren't anything too substantial or it didn't
change a lot of the content to the plan, but they do help clarify some of the thin s. Also
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Planning and Zoning Commissions motion included support for tannin to work with
. p 9
language on -- or with legal on -- on some language that would allow both the current
version of some documents, as well as the future amended version of documents to be
Meridian City Council
April 5, 2011
Page 29 of 63
approved. So, not every time -- say the pathways as amended, we have to do a Comp
Plan amendment, too, because they change, we adopted the 2011 version now, so we
have some of that language. I have included that. I met with Mr. Nary six weeks ago or
so and on page 87 we have modified the first and second paragraphs under the
heading alignment with other plans and resources. You should have all received a
handout this evening from the clerk. I do apologize. You got the wrong recs it sounds
like from the clerk, but it is an underlined and strike through version, so you can kind of
see some of the text that we are proposing. I will highlight for you those documents,
though -- because I think this is important. Those documents which we say we are
going to adopt the future version, because who knows what those future versions will
look like. And some of these may contain language that we don't necessarily agree
with. I can let you know I'm prepared on some of them to monitor the language and
amendments and keep you apprised of any changes and let you know what those
changes are and if we don't like that language we can come back and do a Comp Plan
amendment then that says we like the previous version and that's the one we want to
support in the Comp Plan. So, the documents that we have listed as being part of the
Comprehensive Plan, with the Existing Conditions Report, the design manual, the Ten
Mile Specific Area Plan, the master street map, complete streets policy, and the livable
street design guide that ACHD adopted as part of their TLIP process. The city's
pathway master plan. The city's Parks and Recreation plan. Communities In Motion.
And ACHD's Roadway to Bikeways master plan. So, those are the ones that we think
are critically integrated with our Comprehensive Plan and we'd like to adopt both the
current versions and future versions, so -- I'll note on page 38 that wasn't clearthat CIM,
Communities In Motion, and the city's pathway plan are adopted herein. So, I'd ask for
that change this evening as well, just to clarify that Communities In Motion, as
requested by COMPASS .here over the past couple of months they have asked us to
support and adopt CIM and we told them that we would. So, that is an amendment that
I would like to make on page 38 as well. Except for the .comments that were on a slide
or two ago, I haven't received any other comments since the application was noticed for
the Council hearing tonight. I did want to take just another minute to thank all the city
staff and other agencies and the Planning and Zoning Commission and yourself for
attending some of those meeting and joint workshops .and commenting and reviewing
and I hope you find this document to be more user friendly and an improved tool for the
city as I do -- there is too many names, but a lot of help on this thing. So, I really do
appreciate -- most of the planning department's staff is here tonight, but we had all
departments and various agencies, so with that staff is requesting that you approve the
changes I mentioned on page 38 and 87 regarding the plans that are adopted and the
changes that the Planning and Zoning Commission recommended from the Parks
Department and I will stand for any questions that you may have.
De Weerd: Council questions?
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
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April 5, 2011
Page 30 of 63
Zaremba: First off, great work. I know it's been evolving and I appreciate the existence
and the creation of the Existing Conditions Report and I think that that's a very neat
thing. On the most recent subject that you were addressing of what other plans to
adopt, do we want to consider Meridian Development Corp Destination Downtown that's
going to be a lengthy and ongoing program for MDC. I wonder if we should include that.
That's a question, not a statement.
Hood: Madam Mayor and Councilman Zaremba, we talked about that. We -- we are
going to actually take that document and build on it. It is referenced in the Comp Plan
currently, but we didn't think it was at the level of some of the other documents that I
read in being as critical to implementation of our Comprehensive Plan. So, I think what
we will be working on this next year is to clarify some of those districts that are in
destination downtown and that will give us a lot of the -- a little bit more of the -- the
guiding principles that we need. So, it is -- don't get me wrong, it is important to our
Comprehensive Plan and it is intertwined, but it's not to that same level we didn't feel,
as, again, those other documents that we use on a regular basis throughout the city.
Zaremba: Okay. Thank you.
De Weerd: Mr. Rountree.
Rountree: I have no questions for Caleb. I .just wanted to thank the planning staff and
Caleb in particular for taking the lead on this. I think we have a superior tool at this
point. It's concise. It's understandable. I think folks can pick it up and maybe with a
little coaching can see what the intent is and it can be useful to them, as opposed to
some of the massive and confusing documents we have produced in the past. So,
great job. Appreciate the time and effort and I particularly appreciate Caleb for the time
he's spent with me individually and maybe some of the abuse he might have taken. I
don't know. But it was a fun process and appreciate that staff was --did it. It was quite
an undertaking.
De Weerd: Very thorough and appreciate the condensed form. So, we will invite public
testimony at this time, if there is any members that would like to provide testimony on
this document?
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: Seeing no further testimony, I move that we close the public hearing on Item
8-B forthe Comp Plan revamp.
Zaremba: Second.
De Weerd: I have a motion and a second to close the public hearing on Item 8-B. All
those in favor say aye. All ayes. Motion carries.
Meridian City Council
April 5, 2011
Page 31 of 63
MOTION CARRIED: ALL AYES.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I move that we approve Item 8-B, the Comp Plan revamp by the City of
Meridian, including the changes that have been suggested by Planning and Zoning and
adding to page 30 the reference to adopting the Communities In Motion plan.
Zaremba: Second.
De Weerd: I .have a motion and a second. Any discussion?
Hoaglun: Madam Mayor. Real quick thanks to the work that was done by Planning
Department and the outreach they did and the comments and changes they garnered
and it was really interesting to read. There was nights that I had trouble falling asleep,
you just pick that up and start reading and it works every time.
De Weerd: And it kept you awake; right? On the edge of your seat.
Hoaglun: Yeah. But, no, as Councilman Rountree noted, it really is a much better
document and appreciate the work that you went to accomplish that.
De Weerd: Yeah. Kudos. Madam Clerk, will you, please, call roll.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
C. Public Hearing: ZOA 11-001 Unified Development Code (UDC)
Text Amendment by City of Meridian Planning Department
Request: Amend the Text of Certain Sections of the UDC to
Include General Clarifications (Clean-Up Items; Standards for
Pathway Lighting Along the Eagle Road Corridor; and
Allowance for a Council Waiver of Certain Stormwater
Integration Standards
De Weerd: Item -- yeah. I expected Caleb to be doing a little jig in the back. Item 8-C
is a public hearing on ZOA 11-001. I will open this public hearing with staff comments.
Wafters: Thank you, Madam Mayor, Members of the Council. The next item before you
is a zoning ordinance amendment application. The Planning Department requests
Meridian City Council
April 5, 2011
Page 32 of 63
a royal to amend the text of certain sections of the Unified Development Code to
pp
include eneral clarifications and clean-up items. Standards for pathway lighting along
g
the Ea le Road corridor. Allowance -- excuse me. The change to the outdoor lighting
g
standards, which would exempt light fixtures with a maximum output of less than 1,800
lumens from outdoor lighting regulations. All of the proposed amendments are outlined
in Section 7 of the staff report. The purpose of the proposed amendment is to make
im lementation and use of the UDC more understandable and enforceable. This
p
a lication did go before the Commission. They did recommend approval. The
pp ..
Planning Department testified in favor of the application. There was no one testifying in
0 osition or commenting on the application, nor was there written testimony submitted
pp
on the application. There has been no written testimony since the Commission hearing.
Outstanding issue for City Council. Staff recommends the changes proposed to UDC
11-3B-11, stormwater integration standard, be stricken. That is all staff has, unless the
Council has questions.
De Weerd: Council, any questions on this item?
Bird: I have none.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: Is the pathway along the Eagle Road corridor all in privately owned right of
way or property or is some of that in the highway property?
Wafters: Madam Mayor, Councilman Rountree, Councilmen, it's both. Some of the -- in
some areas it's in the right of way, some areas it's on private property within an
easement.
Rountree: The proposed standard in lumens and fixture type has been coordinated with
the transportation department to see if there might be potential conflicts?
Wafters: Yes. They have no objections forthis.
Rountree: Okay. Thank you.
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Hoaglun: This is for a pathway. Is this same requirement for our other pathways that
that might be -- say Bud Porter, for example, orthis is completely different?
Wafters: This is completely different. This is solely for the Eagle Road corridor.
Meridian City Council
April 5, 2011
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Hoaglun: Madam Mayor and Sonya, do we have a specific for those areas that need
lights on the pathway, do we have standards or is that to be developed down the road
or something that we -- if we need it, then, we will talk about it?
Watters: Councilman Hoaglun, maybe I misunderstood your question, but this
amendment does include standards for pathway lighting --
Hoaglun: Okay.
Watters: --along the corridor.
Hoaglun: Along -- Madam Mayor and Sonya, along the corridor only, not --
Watters: Yes.
Hoaglun: -- not any other pathway.
Watters: Oniy along the corridor.
Hoaglun: Okay.
Canning: Madam Mayor, maybe I can provide a little history on that. When we first
developed the ordinance for development along state highways, the Eagle plan was in
kind of a draft form and it included pedestrian lighting for those pathways. So, we
folded that into our ordinance, but there weren't very many specifics. So, along the way
we have developed a standard and when people say, you know, what light am I
supposed to be installing, this is the standard we give them. We just thought it was
appropriate to accurately codify it.
Hoaglun: And, Madam Mayor, I might be ranging a little far afield, but when we talk
about pathways, I think of parks pathways and that's why I wanted to be sure we
weren't setting standards for several -- for the pathway system. This is just for Eagle
Road and for those areas that are on the pathway that the Police Department is saying
we got an issue, we need a light, those standards or what is required is something that
parks, street light folks, maybe you work on for that particular area. So -- or do we -- we
don't go in and do something like we do for Eagle Road.
Canning: Correct. We usually rely on the Police Department to identify areas that they
are concerned with and I believe Tim Curns in the Public Works is actually working on a
standard for that. But that is not part of tonight's amendments.
Hoaglun: Thanks, Madam Mayor. I appreciate it, Anna. Yeah, I had heard there was
some work being done and I just wanted to be sure this wasn't part of that -- that
somehow we were doing something for both in this or starting something, so thanks for
the clarification.
Meridian City Council
April 5, 2011
Page 34 of 63
Watters: And just to add to that, you know, a lot of the reason for this amendment was
so that there would be consistency in lighting levels, as well as appearance and, you
know, the lighting standards along here. So, we wouldn't have a -- you know, difference
in lighting levels everywhere and different light poles and a mismatch.
Hoaglun: Good idea. Thank you.
De Weerd: Anything other questions from Council?
Bird: I have none.
De Weerd: This is a public hearing. Is there anyone who would like to provide
testimony on this item?
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: No further testimony, I move that we close the public hearing for Item 8-C.
Zaremba: Second.
De Weerd: I have a motion and a second to close the public hearing on Item 8-C. All
those in favor say aye. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I move that we approve Item 8-C, the Unified Development Code text
amendment and further specify that the storm water integration standards be stricken.
Zaremba: Second.
De Weerd: I have a motion and a second to approve Item 8-C with the noted change.
Any discussion? Madam Clerk.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
De Weerd: Do you feel lighter, Anna?
Meridian City Council
April 5, 2011
Page 35 of 63
Canning: Yeah. I think I first talked to you about that Comp Plan amendment in --eight
years ago.
Item 9: Department Reports
A. Mayor's Office: Mobile Business Advanced Processing
Interface (API)
De Weerd: Well, congratulations to you and your staff. Okay. Item 9-A is the Mayor's
office to talk about the MBA API.
Sherwood: Madam Mayor, Members of the Council, thank you for giving us this
opportunity this evening. I think what I will start out with is, first of all, just telling what it
is. The advanced programming interface API -- and, I'm sorry, on your sheet it says
processing, but it's programming. Basically, in essence, what it is -- it's a mobile
application for the smart phones. We wanted to talk to you a little bit about this before
we moved too far down this path. What we are looking at is creating an application for
the city that's accessible from your smart phone. However, the reason that it's called
an API, because it has several interfaces. So, not only can you access it through your
smart phone, you can also access it through the web. So, we were actually targeting all
the demographics within the city. What I might also add to you is that because it's an
API with this capability it doesn't have to necessarily be launched just off of our website,
it can be launched off of the Chamber's website, the senior center website, we can
actually put this application on some of our developer's websites, real estate agents'
websites. So, this is why we have been kind of exploring this and in a world of mobile
devices it's an opportunity for people on the go to be able to access our city information
via on the go when they are away from their computers. One of the reasons that we
started looking at this, the why behind it, was because on several occasions I know I
have stood before you and said that we wanted to create a business directory and so
we were looking at an opportunity of how we could create that business directory. But
another reason that we looked at it is, well, is because we wanted to look at it as maybe
that value added piece to any future business license. So, it's something for us to think
about. What would it look like? Currently in its basic form to build something like this it
would have the business data -- database and you could look for a company based off
of their names or maybe what they do. You could scroll through, find that company, sort
by type and, then, get information about that business, address, phone number, what
the company does. And, then, if you're like me, I love this application -- is that it will
pinpoint where you're -- where you're concurrently at, it creates like a GPS and, then,
you -- it will actually show you from where you're located how to get to that business. In
addition companies could offer discounts on it. They could offer coupons. That's
something that we can build further down the line. There is a -- we can add a city guide,
a community calendar of events. So, all of these things can be accessed. In addition,
you can have a residence actually as they are driving down the street if they see a pot
hole, maybe a light out, they could pull over -- pull over, because there is no texting
when driving.
Meridian City Council
April 5, 2011
Page 36 of 63
De Weerd: Good catch, Brenda.
Sherwood: Exactly. Pull over and report a problem. So, that way I think that more
eople, as you're driving down the road and you see something, you might be more apt
p
to report something. So, thats what it would look like. This is your basic model. And
the benefits, like I said before, first of all, one of the benefits is for marketing and doing a
lot of new technologies. We would be the first city to launch it. Of course now it's on
public record, but we would be the first city to launch an application like this. We would
be able to maintain a database of all the businesses.. This is something that I, myself, a
lot of the city departments have looked at, a lot of the consumers and the business as
well. We are trying to find what's going to be that best application and create that
database. Another thing -- it's relatively inexpensive and yet very effective. Actually,
280 million smart phone users are in the United States and 100 million are using mobile
websites through their phones. It has the ability, of course, as I said, to market to
consumers on the go and the possibilities are endless. We can continue -- we can start
off with a basic platform, but continue to build on it. You can do anything from paying
your water bill to paying a parking ticket on this application. So, all of these things can
be built into it. So, anyway, we wanted to bring this up, let you know what we are
working on and. see if you think that we are heading in that right direction, see if that
could be a value added service to coincide with a future business license. So, that's
where we are. at at this point. We are going to continue to look into this, but if you have
any questions I can take those or I will continue to keep you updated as we find more
information on it.
De Weerd: Thank you, Brenda. Mr. Bird.
Bird: Brenda, not being smart enough to have a smart phone, how much --what are we
talking about cost wise?
Sherwood: Cost wise? Actually, the basic platform, from what I talked to you about, it
is less than a hundred hours of a developer's time. We actually have someone here in
the city that would do it for about 50 dollars an hour. So, about 5,000 dollars.
De Weerd: Questions?
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: Is there a possibility of partnering possibly -- it sounds like this would be a
good Chamber activity as well. So, is that dialogue --
Sherwood: Absolutely. We started that dialogue right away.
Rountree: Okay.
Meridian City Council
April 5, 2011
Page 37 of 63
Sherwood: And they were very excited. They said to me let's do it before anyone else
does it. And so one of the things that we looked at is how the Chamber could also use
some of the marketing, like the coupons and the -- the daily deals as a way for them to
also generate revenue for it.
De Weerd: Mr. Hoaglun.
Hoaglun: Madam Mayor, my comment was going to be, you know, what a great idea for
-- you know, here we want -- looking at establishing business licensing and we are
giving businesses value and hopefully a great value and this is the type of thing when
you start this more things will evolve from it and ideas and possibilities that businesses
can see and how to bring customers to their -- to their location and I think that's a --
that's a reat wa to approach it. So, I appreciate that. And I look forward to the day
g Y
there is a Meridian city app, you know, we can download.
Sherwood: Thank you, Councilman Hoaglun.
De Weerd: Well, I know certainly staff has been looking for some kind of a tool for
various reasons, as Brenda had noted, and I think it's been clear from those sitting up in
these seats that until we could give value to our business community that that was a
dead issue. And this --this has been found and I appreciate IT, Luke and Brenda, Lilly,
drilling down and trying to look at what the potential tool that it could provide to our
businesses and to our citizens and we saw many -- many benefits and certainly
something that can continue to be built on.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I would just add for the record that I have been nodding my head yes and in
case that rattle doesn't come across in the record, I wanted to add my in favor.
De Weerd: Appreciate that note for the record.
Rountree: I wondered what that noise was.
De Weerd: We didn't know if Dean was catching that noise or not. Any other
comment? So, apparently, I take from Council the nod to continue to move forward into
a report back as we have further details.
Sherwood: Okay. Madam Mayor, Members of Council, thank you.
B. Clerk's and Park's Department Joint Report: Temporary Uses
in Parks Policy Discussion; Thousand Springs HOA Fee
Waiver Request
Meridian City Council
April 5, 2011
Page 38 of 63
De Weerd: Oka .Thank you. Item 9-B is our clerks and Parks Department joint report
Y
on a discussion that I will turn it over to Steve.
Siddowa : We are going to rock paper scissors for the beginning. I will start. Just
Y .
about a week ago the city received a call from Cindy Mendiola with the Thousand
S rin s homeowners association to schedule an Easter egg hunt activity in Gordon
p g .
Harris Park and was notified of the shelter -- shelter reservation fee of 31.80 and the
need to contact the clerk's office to initiate a TUP application for a public event in a park.
Cindy, then, requested that all fees be waived based on the land donation by the
developer of Thousand Springs Subdivision for Gordon Harris Park and since any fee
waiver would have to be approved by Council, we suggested that if she wanted to have
that considered, that she prepare a letter, which she did prepare one to the Mayor that's
in your packets tonight foryour consideration. Their Easter egg hunt event is scheduled
for Saturday, April 16th. With that as an introduction I intended to turn it over to Cindy.
don't see anyone in the audience that looks like Cindy to me. I'm not sure if there is
another representative of the HOA here tonight.
Holman: Madam Mayor, Members of the Council, I was just talking to Steve and trying
to substantiate with my staff that someone called her. I haven't been able to get that
yet. I apologize, I was out of town last week. She submitted the letter, but I'm not
positive that someone called her back and told her it was going to be on tonight's
agenda. Do you know, Mr. Nary?
Nary: Madam Mayor, Members of the Council, I don't know if -- if any contact has been
made. I have some -- other additional information, but I don't have anything on that,
so --
Siddoway: Yeah. We do have the information available on some of the questions
raised in the letter regarding donations of property and acreage and things like that, if
the Council would like that information.
De Weerd: So, there is not a representative from Thousand Springs with us tonight?
Okay.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Steve, what you're wanting is just the waiver of the fee for this -- for April 6th --
16th? Is that what you're asking for tonight?
Siddoway: That's what she's requesting, yes, for. the -- the picnic shelter and their
temporary use permit.
Nary: Madam Mayor?
Meridian City Council
April 5, 2011
Page 39 of 63
De weerd: Mr. Nary.
Nary: Members of the Council, just to refresh the Council's memory, if you recall when
we originally had put the TUP ordinance into place we didn't -- we didn't charge
anything for them and the concern the Council had was that as we move forward we
made them 501(c)(3)s and we made it for school fundraising activities. And the concern
the Council had was by limiting it to at least a 501(c} type of tax exempt organization or
a school fundraising activity, that would, then, avoid every single club outfit in town
asking for a waiver of the fees. There is two fees here that we are talking about. One is
the maintenance fee for renting the shelter, which I think is 32 dollars, and the TUP fee,
which I can't recall how much that is. Do you recall how much that is?
Holman: Mr. Nary, I don't remember off the top of my head. I can look it upon our fee
schedule.
Nary: Yeah. And so the person I think is requesting waiver of both of those fees, the
TUP, as well as the maintenance fee. And as Mr. Siddoway said, I mean she had
addressed some other issues in her letter that we have other information that the
Council would want further information to respond to some of that.
Siddoway: Madam Mayor--
De weerd: Mr. Siddoway.
Siddoway: -- Members of the Council, the closest other type of event like this that we
have -- we do have an Easter egg hunt that's been put on annually for a number of
years in Bear Creek Park by the Nazarene Church. As a nonprofit organization their
TUP fees have been waived, but they pay the 31 -- the 32 dollars for the picnic shelter
reservation. The homeowners association is not a nonprofit in the same way that the
church is, but they have provided to Nancy something called an 1120(h) status as a
nonprofit. So, I do submit that for your consideration as you consider -- as you decide
how to address this.
De weerd: Thank you, Steve. Questions from Council?
Holman: Madam Mayor, that fee is 50 dollars.
Siddoway: It's more than that, isn't it? A TUP?
Holman: I'm looking at our fee schedule -- temporary use permit, which would be a
temporary sales unit, 50 dollars. From the schedule I have got pulled up here.
Hoaglun: Madam Mayor, while they are looking at that --
Holman: Oh. I apologize. One hundred fifty special event in a park.
Meridian City Council
April 5, 2011
Page 40 of 63
Hoaglun: Just to ask Mr. Nary or Mr. Siddoway, what was that 11 -- they submitted a
what form?
Siddoway: The a-mail I got from Nancy Radford says it's an 1120(h). Not familiar with
that.
Nary: Madam Mayor, Members of the Council, that's a form that's required by the
Secretary of State to register your homeowners association with the Secretary of State.
Siddoway: Okay.
Nary: It doesn't establish them as a nonprofit or a not for profit, it's just the state filing
requirement to have status as a HOA.
Bird: As an HOA.
Siddoway: That makes sense.
De Weerd: And I guess just for a point of reference, we have 300 HOAs in the city --
various homeowners associations in the city.
Hoaglun: I guess Madam Mayor and -- I don't know if it's Steve or Bill, but -- because
this goes back before my time. Was -- was the seven acres donated by the developer
or the homeowners? Were they part of that? What --
Nary: I can -- I have that, too.
Siddoway: Go ahead, Bill.
Nary: Madam Mayor, Members of the Council, the Finance Department gave us a
breakdown and what is now the Gordon Harris -- as you know it wasn't originally that --
was donated in pieces. The original piece was donated by the developer of Thousand
Springs, which was Far West, LLC. That was 2.859 acres -- was donated in 2000. Los
Alametos Park developer also was Far West, LLC, donated 2.232 acres of the park.
Back in '96 G.L. Voigt donated in regards to -- they donated four acres to the park -- of
what's become the park in 1996 and, then, Keen Eye Partners donated 1.856 acres of
the park, which was part of the Gramercy Subdivision when Gramercy came to the city.
So, all of -- none of them had any retention rights of any sort in the donation by any of
the developers of that. So, the total amount of park acreage there is 11.126 acres. As
you all know, Gordon Harris did a lot of the ground work for that in conjunction with the
Kiwanis Club and, then, all the green up and costs of all the other improvements were
paid for by the impact fees and the city's general fund.
Bird: Madam Mayor?
Meridian City Council
April 5, 2011
Page 41 of 63
DeWeerd: Mr. Bird.
Bird: Yeah. It was Gordon Harris, not the Kiwanis Club. Well, I -- to add to that, I --
when most of those homes were built out there I don't believe we had a park impact fee.
When Thousand Springs was being --did we have a park impact fee? I don't think so.
Rountree: Yes. Madam Mayor, I believe it was in place, but we didn't have an open
space requirement and my recollection is this was part of the original annexation and
platting of this project and if you will recall there was also a well site donated by Marty
Goldsmith, who was the developer, that's since been disposed of by the city, because
we couldn't -- couldn't necessarily develop it, but it was all brought to the city through
the developer and through donations on his part as part of his commitment to the city
when he came to the city to ask for annexation and approval of the preliminary and final
plat.
Bird: I was thinking -- excuse me, Madam Mayor.
DeWeerd: Mr. Bird.
Bird: I was thinking that the impact -- I was thinking that the impact fees was just on the
-- the part of Thousand -- that was down on the south towards Victory, because the
other was, basically, approved and put in before I come on Council in '98 and our
impact fee wasn't put in place until about '99 or 2000.
Rountree: Not '99.
Bird: I was on the deal, so a lot of that. Now, Steve, on the Nazarene we -- they pay
the 32 dollars for the maintenance?
Siddoway: For the shelter reservation, yes.
Bird: They don't pay the 150?
Siddoway: That's correct. Because they qualify as a nonprofit for the waiver of the two
fees.
Bird: Yeah. The only thing I look at it, too, is they don't pay taxes on their property.
These people do pay taxes to us. I could go along with the same arrangement we got
with the Nazarene Church myself. I could waive the 150.
Nary: Madam Mayor, Members of the Council, the four acres was from Resolution Sub.
That was the four acres that was donated in 2000 -- or, actually, originally in'96.
Bird: '96 would -- yeah, that was the original donation. That was when Marty started --
FarWest started that first -- yeah. But we didn't have park impact fees.
Meridian City Council
April 5, 2011
Page 42 of 63
Nary: No.
Siddoway: I do show the warranty deed for the portion that Thousand Springs
developer donated and it was donated in April of 2000 by Marty Goldsmith.
Nary: Madam Mayor, Members of the Council -- I don't mean to keep bouncing back
and forth. The portion Council Member Rountree recalled was we did have the donated
parcel that was along the Ridenbaugh Canal for a well site. It was not developable for
us as a well site. We sold it at a public auction and I think we received -- if I recall from
the documents today, we sold it at a public auction on November 14th, 2005, for 3,500
dollars.
De Weerd: Mr. Nary, who maintained that? Did the city?
Nary: That parcel?
De Weerd: Uh-huh.
Nary: Yes. Prior to the sale of it the city still maintained it. If you recall, it was adjacent
to another property owner, but he actually parked on it, but we actually maintained it. I
don't think it was even grass at the time, I think it was just gravel.
Bird: I think you're right, Bill.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: In support of what Councilman Bird said, I believe, the fees for reservation --
reserving the shelters are a recovery mechanism for the expense that it takes to make
sure ten groups don't show up at the same time and perhaps clean them up after they
are done. So, I agree with charging that fee. The other fee I could see waiving if -- if
this were a group that was bringing in booths and things where they were going to have
people selling stuff, I think we should be charging that fee to review their plans. But for
a community Easter egg hunt I could see waiving that portion of the fee. A third
question, though -- the description that I'm hearing differs from what is described in the
lady's letter and I don't know whether this is necessary or not, so this is a question.
Would we want to respond to her letter and correct some of the differences in her
assumption of their ownership of this piece of property?
De Weerd: Mr. Zaremba, I think a letter is appropriate to respond to some of the
statements in there and to just clear the record. I think that would be appropriate. Right
now the city has National Night Out. HOAs have been paying the Tuse P -- the TUP
fee for that, which I had just heard last week, since that is a city sponsored program I
thought it was probably good that we no longer charge that fee to HOAs, since it is a
city sponsored and it has definitely that public benefit to bring our public safety agencies
Meridian City Council
April 5, 2011
Page 43 of 63
and encoura a that dialogue. I think that the
and our neighbors face to face g
resident said, in waiving this and certainly the East egg
overarching concern, as the p
' d S rin s is -- is an event -- if you could distinguish
hunt for the residents of Thousan p g
' u would be willin to waive versus a blanket waiver for
what would be something that yo g
with the rocessin of these TUPs, I would ask for that
a potential drain on staffs time p 9
' fee to offset staff time and bear in mind that there is 300
kind of detail. You establish a .
' t we know of currently. So, again, I look at as you set this
homeowners associations tha
as a policy we try and be specific.
' or a uestion for Bill or Steve or Jaycee. Is this -- is this a
Rountree. Madam May q
' rictl for the subdivision? Because there is reference to the
public event or is this st y , ,
k. That's advertised as a public event and it s well attended by
Nazarene at Bear Cree
ount not 'ust in Bear Creek or within the Nazarene Church
folks from across the c y, 1
communit . So, to me there is kind of a difference there as well.
Y
• m Ma or and Councilman Rountree, I believe the intent -- their intent
Siddoway. Marla y
' residents of the subdivision. I don't think they are going to restrict it to
is that is for the
onl that if other friends or family wish to come they will be invited as
property owners y, ~ , , i
' ublic in that sense that others wouldn t be turned away. But their intent s
well. So, its p
for the subdivision to be invited.
dam Ma or. What I see in the letter on the second page, the association
Hoaglun. Ma y
ne event each ear where we invite our homeowners and their families to
only has o Y
ici ate in huntin Easter eggs, enjoy each other's company while partaking in some
part p g
ra e. So to me that -- that's, okay, this is just -- while it may include
food and beve g ,
' ended famil it's limited to that association and the event at Bear Creek
friends and ext y,
' ck several ears and I'm a member of that church and have worked that
was going ba y .
man ears was to be a communitywide Easter egg hunt and advertised as
event for y y
and somethin since the city didn't have one of those, that we would take it upon
such g
do it on behalf of the community, so -- and based on the hundreds and
ourselves to
sand hundreds of kids we get, it's been pretty successful and it just keeps
hundred
' er eve ear which is reat, so -- and they do have a 501(c} (3}, so that
getting bigg -y Y 9
et the code so -- and happy to pay the maintenance fee to -- for the cleanup, even
m ,
we cleaned it u I'm sure there is a few things we missed and a lot of trash to
though p,
be hauled out afterwards.
erd: Council so I uess, a ain, this came to you because it's a policy discussion
De We g g
u know certain) we want the Easter egg hunt and the families to benefit from
and, yo Y .
his. But it became one of those policy questions that we needed to bang to your
t
attention and seek your counsel on.
ntree: Madam Ma or, m comment is that we are making a black and white issue
Rou Y Y
' f ra for staff no matter what we do, but at this point we attempted in the
kind o g y .
' nce tot to et around all of these kinds of situations with the 501(3)(c} and the
ordina ry g .
of events and that sort of thing. I'm not saying one way or another on this request.
scho
-- ' this re uest has merit, then, it has merit for all 300 plus subdivisions in the
If if q
Meridian City Council
April 5, 2011
Page 44 of 63
' n need to modif our ordinance so it isn't a gray issue
community and as such we, the , Y
' xt time it comes across their desk is this or is it not
for staff to try to figure out the ne
__ • e ordinance. So, I just pose that if we approve it, I
something I can is waived by th
to and understand that there were no reasons for them
think we need to take the next s p •
__ at said I'm a non rofit, I meet your ordinance, but there were some
to that I saw th p rk or
' rt of the a licant or the requester that they owned the pa
presumptions on the pa pp ,
• ich in fact wasn't the case. And thats unfortunate and, you
they provided the park, wh ,
t I see no basis in that to make a decision to approve. If
know, it s kind of hard to sell, bu
' ~ II let's a rove it. But if we do, then, we need to clarify the
it s the right thing to do, we , pp
' nce so we don't have staff scratching their head every time one comes across
ordina ,
• ke this to Council or not. In my mind whatever we do tonight we
their desk, do you to
• royal or denial. But let's come out of here still kind of black
establish a precedent, app
and white, instead of creating another shade of gray.
Weerd: And that's certainly what we were hoping for. Mr. Bird.
De
' need to seta olic that --and so that the staff
Bird: I agree wholeheartedly. I think we p Y
' these kind of thin s before us every time they happen. But I also
don t have to bring g
' ed to -- to look at a lot of -- I guess -- I didn't not realize that homeowner
think we ne ,
' n't 501 3 c s and I'm sure some of them are, if -- I dont know how
associations were ()( )
they could be, but maybe they --
Nary: I don't know that they can.
' I don't know how a church is a 501(3)(c), but I guess
Bird. Maybe some of them are
they can be.
Nary: Madam Mayor?
'wasn't ou wouldn't be able to deduct yourtithing from yourtaxes.
De Weerd. If it y
Bird: Yeah, you can.
De Weerd: No, you can't.
Bird: Yeah, you could.
De Weerd: Mr. Nary.
m Ma or Members of the Council one other thing that might -- might help
Nary. Marla y ,
little bit that -- a ain, not to rehash our old discussion -- we did try to draw some
you a g t a
' he Ma or stated in creatin that and using the 501(c)(3) was a -- was at las
lines, as t y 9
in the tem ora use ordinance I'm reading, neighborhood events or block
tool. But also p ry .
' all be ermitted in the residential districts without a temporary use permit.
parties sh p
h a citizens use ermit would be required. I don't -- that tells me -- that's not in
Althoug p
at's in their nei hborhood. So, in their neighborhood if they want to do
the park, th g
Meridian City Council
April 5, 2011
Page 45 of 63
' hborhoods -- and I don't know about Thousand
something -- you know, many of the neig , ,
it own rivate -- rivate facilities in their park and we
Springs, but many of them have the p p .
' -- So there is something that HOAs can do in their
dont require when people HOAs
' ro ert without requiring the use of a permit. So,
own neighborhood on their HOA p p y .
in that -- in the same code to address it to just a degree.
there is something that exists --
rstand that. But we did draw the line and parks I
It s not that same thing and I uncle ,
' ted 'ust t in to create some clarity to everybody as to
think as the Mayors already sta , j ry g
' 's necessa to hold functions in the park versus on their own in
what s allowed and what ry
HOA property.
Siddoway: Madam Mayor?
De Weerd: Mr. Siddoway.
' or and Council, at the heart of one of the points is the question
Siddoway. Madam May
' is a ublic event or not and that may be a critical distinction that we can
of whether this p . .
'' rmined that this is not a public event, because there is a specific
weigh in on. If its Bete
' ~ '' ited to the subdivision, then, perhaps a TUP is not required and
invitation list and its lim
' other lar er reservation in the park that still pays their fee for the
they would be like any g
__ servation but a TUP would not be required and is not required for an
for the shelter re ,
ublic. You know, iven that their subdivision is invited, it's -- I guess
event that's not p g
' ' n in m mind is should this be deemed a public event or a private event
that s the questio y , ,
-- HOA. If it's a rivate event for the HOA, then, its just a shelter
for the for the p
' lar a event and the would pay that and do it that way without having
reservation fora g Y
to seta recedent on waiting. But I just throw that out for discussion.
p
reciate that because, personally, I believe it's a private event and
De Weerd. And I app ,
it would not fall underthe TUP.
Rountree: I think that --
DeWeerd: And so that is a great way to clarify it.
' t solves art of the issue that we are talking about.
Rountree. At leas p
n: Madam Ma or, if I can interject a couple of questions. First, if we were to go
Holma y , ,
' tion how would the clerk's office be able to determine whether its a public or
that direc
' vent. And second) ,how would we be able to determine if it was an event
private e Y
' b a homeowners association and not one that's a member of a
sanctioned y
wners association who would like to have a big event in the park? Do you
homeo . ,
rstand what I'm ettin at here? When these come into us, then, it's under-- its on
uncle g g
' re out is it ublic or rivate? Is this sanctioned by the homeowners' president
us to figu p p
' -resident or the secreta or who is part of this and it just falls on us and how
or vice p rY
would we go about doing that?
Siddoway: Madam Mayor?
Meridian City Council
April 5, 2011
Page 46 of 63
De Weerd: Thanks. Yes, Steve.
. ethin as the administrator Iwould -- I would
Siddoway. To help maybe offer som g, , .
• ' ' ' anctioned b an HOA specifically or not. It can be
suggest that it doesnt matter if its s Y
al distinction is there -- is the general public invited,
an event offered by anyone. The re
' • r e hunt or is there a finite invitation list and if there is a
as it is with the church s Easte gg
-- I think that would be the distinction for me and
finite invitation list that s limited to
' 's a ood one, but I could see that as a way to draw the
would seek your counsel if that g
line.
Nary: But not to be the party's pooper, but --
De Weerd: But every party has one.
concern Steve, thou h, that the clerk's office is
Nary: -- it would seem to me that the g
' ~ oin to re ulate that? So, if they come into the clerk's office
raising is how is anybody g g g
' to event for our homeowners association only and we just want to
and say this is a priva
' for the da for free or just a maintenance fee and, then, they
rent the entire park y,
ise it and hundreds of people show up, the larger the event the more
actually advert
ice review arks review, all the different reviews that go into why
necessary for the pol , p
use ermit. Who re ulates if they actually advertise it and
we have a temporary p g
w u ? So I mean I understand your intent and I understand the
hundred of people sho p ,
' I that in the realit is going to be very difficult when we don't
logic to it, but trying to app y Y .
fter we have issued it to them to prevent it now. They told us it was
have any way a bod on
' ut the ut an ad in their local flier and now it's on Facebook and every y
private, b y p ht
' a e sees it and now 500 people show up to an event that we thoug
their Facebook p g
was about fifty.
' ~ ve -- Madam Ma or, Mr. Nary, we would only have the
Siddoway. We would only ha Y
' ' that if it tried to become an annual event and we have had to address some
ability to do .
' st where rou shave reserved shelters in the park and -- for a private
of these in the pa g p
d into somethin much larger, which we see, and we flag them for next year
event, turne g w
when -- if the contact us again that we -- we know to tell them, okay, we sa
so that Y 'it's
last ear ou re a TUP. But we may not catch it the week of if
what happened y , y
happening the first year.
' e were loin that, because that really opens us up to liability of
Nary: I didn t know w g
' riciousness. That's -- that could be real problematic to even do it that
arbitrary and cap
wa now. If we are doing that now we should probably --
Y
Siddoway: Well, we only know if they tell us.
Na : Ri ht. What I'm saying is I don't think we should be doing that.
ry g
Siddoway: What?
Meridian City Council
April 5, 2011
Page 47 of 63
Doin what ou're saying is deciding next year it's --
Nary g Y
De Weerd: Hello.
Nary: Sorry.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: Would you get control of this, please.
Weerd: That's kind of what I thought I would just say remember me.
De
or I'm lad Bill brought that up and I'm glad to hear the
Rountree. Madam May g
' t made because what's been going through my mind is how do
comment that Steve jus ,
' ' we -- if the don't tell us we don't know, so they can -- anybody
we control it anyway if y .
' r a ark shelter reservation and get one. They don't necessarily have
can come in ask fo p . ,
' 'for. If -- if the know they are going have a crowd there and it s for
to specify what thats Y
' omethin like that, the typically will ask for some tables and that
a family reunion ors g Y
' u could et a re uest out of the blue and I doubt anybody checks on
sort of thing, but yo g q
' '' -- ' e maintenance folks happened to be there that day that they find
-- in fact, it s just if th
' somethin has rown beyond the proportions than they originally
these issues where g g
' we are loin what we do so well, making .really simple things really
thought. So, I think g
' h. Back to this to ic, I think that we look at our ordinance as it relates
complicated. Yea p
far as somebod having the ability to reserve a portion of the park or
to the TUP, but as Y
' ' ink we need to have control of that for their own good, so when they
a park facility, I th
' ver it is the are tanning and they show up they got a spot and in
are planning whate Y p
' s a fee because we have to sign it, we have to respond if
my mind that require ,
' in that s ace when the people who have reserved show up and
somebody is occupy g p
of thin s. As far as the TUP goes, Ithink we -- we need to take a look at our
those sorts g
' e this discussion even though it seems like a rather straight forward
ordinance, becaus ,
' is not and I think we better define for these folks what the intent of that
and easy issue
' have an intent at all, and come forward in the ordinance with something we can
i s, if we
rce and that's an issue where we need the police department involved.
enfo
De Weerd: Or code enforcement.
So I uess on this articular application I'm to the point that I would move
Rountree. g p .
-- we waive the TUP re uirement and continue the required park reservation
that that q
rvation of the shelter, rimarily to insure the folks that's it's going to be
fee for the rese p
there and cover our staff cost to do that.
De Weerd: Okay. And that's your motion?
Meridian City Council
April 5, 2011
Page 48 of 63
Rountree: That would be my motion.
Bird: I will second itfor--
erd: Oka . I have a motion and second. Discussion?
De We y
ouncilman Rountree, you're waiving the TUP requirement,
Zaremba. Just to clarify, C
not re uiring the TUP and waiving the fee.
q
Rountree: Waiving the TUP fee.
De Weerd: TUP requirement.
Rountree: Requirement.
Zaremba: But they still have to go through the process.
De Weerd: No.
Rountree: No. I'm waiving the requirement.
aremba: Your motion is that they don't have to go through the TUP process.
Z
Waivin the re uirement. Yeah. The requirement of going through the
Rountree. g q
process.
m Ma or further clarification for the motion maker. But the
Hoaglun. Marla y ,
maintenance fee of 32 dollars, is that still --they would be --
DeWeerd: The shelter fee paid.
• helter reservation fee is -- is there to cover the city's cost and to protect
Rountree. The s
their reservation.
Hoaglun: Okay.
Rountree: Thank you.
Nary: Madam Mayor?
De Weerd: Mr. Nary.
• m Ma or Members of the Council, (think --and if I misunderstood -- I think
Nary. Marla y , ,
r. Siddowa was sa in was that he has the ability in the park code to,
what M y Y g ..
treat this as a -- as a rivate event and, then, you're not waiving anything
essentially, p
Meridian City Council
April 5, 2011
Page 49 of 63
' and that would be consistent with other type of
until we can re-evaluate the ordinance
activities. Did I understand that right; Steve?
• ~ ~ rivate event -- it's not part of the parks code, it's the
Siddoway. If this is deemed as a p
TUP ordinance. This applies to public events.
't o ened the door to anybody that we are going to waive
Nary. And, then, you haven p
other events like -- I think the example you used, a large
things, but it s treated like
' like that that we dont require a special event permit for
family reunion or something ,
eve hing and, then, we haven't waived anything.
Rountree: Oka .Thank you, Mr. Nary. I retract my motion.
Y
' • Second a rees. I was so confused I don't know how I would vote.
Bird. g
' ' n for staff because I'm sure they are confused as well,
Rountree. And I think for directio ,
' artment has the discretion to identify this as a private activity,
is that the Parks Dep
• a TUP but .that there still is a requirement to provide the shelter
which does not require ,
reservation and maintenance fee.
. I would su est, though, that staff does get together and have a
De Weerd. Okay gg
' nstitutes that rivate event, so the parks director is not stumped
discussion on what co p
' office mi ht be, 'ust to put some clarity behind it. With our city
like the city clerks g J
' enforcement cit clerk's office, and Parks Department, and
attorney, with our code Y
artments to ether brin s the minds to the table and if we need to
getting those four dep g g
' back to Council we will do so at a later date. Okay. And now that we
bring something
have spent that much time on anon-issue, we will move on.
Zaremba: And Madam Mayor?
De Weerd: Yes, Mr. Zaremba.
Se aratel who would send a letter of response clarifying some of the --
Zaremba p Y
De Weerd: Thank you.
Zaremba: Would that be the legal department?
erd: Which was m -- m next topic. Probably our--our legal department.
De We Y Y
Nary: Madam Mayor, maybe we could craft --
DeWeerd: And I would recommend that our parks director review it.
Nary: Absolutely. I was going to suggest --
Meridian City Council
April 5, 2011
Page 50 of 63
De Weerd: For normal language. Yes.
' su est Mr. Simison. We can help craft the first draft.
Nary: I would going to gg
Bird: Make sure you don't get anywrong words in there.
in De artment: Cost Share and License Agreements
C. Plann g p
' Ada Count Hi hway District (ACRD) for the Landscaping
with y g
and Maintenance Associated with the Ustick, Duane to
Cam ton and the Franklin, Ten Mile to Linder Roadway
p
Projects
r that wasn't him. It wasn't him. Okay. Moving on. We are
De Weerd. Well, remembe ,
' our Plannin De artment. I would turn this overto Caleb.
at Item C with g p
Ma or Members of the Council. I have got a presentation to
Hood. Thank you, Madam y .
' ' le bit uicker than that last item hopefully. City staff has been
give you, it should be a litt q .
' ~ rai Herndon is the roject managerforthe two projects that
working with ACRD staff. C g p
this evenin at ACRD and we have been working with their
I m here to talk to you about g
been workin with Mr. Steve Price over at ACRD and their
ACRD staff. Mr. Nary has g
' n ua a and some cost sharing license agreements on two
commission on some lag g
' e fair) familiar with these projects. I didn't bring any diagrams,
projects. You should b y
' ick from Duane Drive to Campton, which is actually in Boise, so
but the first one is Ust
ost ed a of the cit on Ustick Road, Duane Drive, almost to
its right on our eastern m g Y
' ro'ect -- the are doing the intersection at Cloverdale and
Cloverdale and, in fact, that p ~ Y
en Ten Mile -- or, excuse me, Franklin, Ten Mile to Linder.
Ustick concurrently. And, th
' familiar with. So, both of those projects are planned for
So, that project I know you re .
• is a little bit further along in the Franklin, Ten Mile to Linder
construction in 2012. ACRD
tanned for construction here in the next fiscal year at
project, but both of them are p
' ' ht of wa rocess -- acquisition process -- at least the
ACRD. They are in the rig y p
' k ro'ect and these -- these -- the terms of these draft
appraisal process for the Ustic p ~
the cit 's res onsible for reimbursing ACRD for the installation,
agreements call out that y p
ri between the curb and the sidewalk for sections of
maintenance of the parkway st p
' ill in Ada Count and haven't yet annexed and, therefore,
those properties that are st Y
we re uire with city code. I discussed these -- these
don t have the trees that q
interim treatments with you all during the January 18th
agreements and the preferred
• ion about ravel or rock and you all landed on rotomill.
meeting. We had a discuss g .
'commission the seemed pretty receptive to that and that is one
Took that to ACRD s Y
' these cost share a reements as they rotomill and parks ~s
of the terms that are in g
' st share a reements get signed to seek the funds to maintain
prepared if these two co g ~ ~ h a
' hrou h the FY-12 budget process. We did hit a snag, thoug ,
and reimburse ACRD t g
with some of the language that s in these cost share
couple three weeks ago
' e cit adherence or concurrence to the ACRD cost share
agreements regarding th y
u h it's been some time, it was I think early 2009 or 2010
policy. You may recall, altho g
hare olic was ado ted as such by the ACRD board of commissioners
when the costs p Y p f the
' d that. I testified over at ACRD on the cost share and some o
and we discusse
Meridian City Council
April 5, 2011
Page 51 of 63
concerns that the Council had with that policy. Mr. Nary attended the ACRD
commission meeting on the 23rd, but was unsuccessful in convincing the district
commissioners to remove that language that says we adhere to that policy. So, the
ACRD approved drafts that are before you this evening do still contain that language
stating that we will adhere to the cost share policy. I don't -- what -- to make this real
quick, tonight what I would ask for is just a one week continuance. We did send a letter
off -- the Mayor signed a letter and we sent it off Friday I think it was to ACHD asking
them to reconsider that action. We had some language or some changes to those
agreements that we would hope that the commission would consider, but they -- but
they took action and didn't, so we have asked for some reconsideration. That is on their
agenda for tomorrow at noon. I think Mr. Nary will be there. I did talk to Mr. Herndon
during this meeting and it does sound like their process is similar to ours, their
commission will consider the request for reconsideration and, then set -- if they do pick
up that reconsideration they will, then, have a hearing a week or two later to, basically,
start the process over. So, that's kind of where we are at. We won't really know until
tomorrow if -- if the commission will even reconsider our request for reconsideration.
So, hopefully, they will take it up. Time is of the essence, though. I will stress these are
2012 construction projects, they are moving right along and right of way is really that
decision point where do the plans show a detached sidewalk and, therefore, they need
about two or three more feet of right of way on either side or do they purchase the right
of way for attached sidewalks. So, that's really what's of issue here. Staff thinks that --
at least planning staff thinks that's the most important thing is that detached sidewalks
we think are important. Distinguishing characteristics for the city, not a lot of the other
cities have the detached sidewalks and aren't willing to go to these agreements and pay
for this interim condition where we can have those detached facilities that are a little bit
nicer for the drivers, as well as the pedestrians. There is that whole policy versus
ordinance thing and I don't know if Mr. Nary wants to get into that now with you all or
not, but it's still my assumption that you all don't want to adhere to or at least don't want
to give the perception that we agree with everything in cost share and, therefore, we are
still trying to convince ACHD that these agreements can work without that language in
there. They don't need it, we don't need it, but -- but that's where we are at. So, again,
I would ask for a one week continuance. I would just also note I will not be here next
Tuesday, so if you do continue it one week, I did talk to Mr. Nary and he's willing to do
that follow up with you all, but we -- again, with time being the essence that we -- so
that's my presentation tonight. If you don't have any problems and don't have any
issues with that adherence to language in these agreements, you could sign them
tonight, but staffs recommendation is to continue that for one week.
De Weerd: Thank you. Any questions from Council?
Bird: I have none, Mayor.
Rountree: None.
De Weerd: So, is it Council's desire to continue this discussion to next week?
Meridian City Council
April 5, 2011
Page 52 of 63
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I would move that we continue the discussion on the cost share and license
agreements with ACRD until April 12th, 2011.
Hoaglun: Second.
De Weerd: Okay. I have a motion and a second to continue this until next week. All
those in favor say aye. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
De Weerd: Thank you, Caleb.
Hood: Thank you.
D. Planning Department: Budget Amendment for Welcome Signs
and Software for aNot-to-Exceed Amount of $6,668.00
De Weerd: I assume that you have this next item as well.
Hood: I'm going to keep standing up here.
De Weerd: Okay.
Hood: Although I may ask for some help from Mr. Simison on this item, but the next
item on your agenda is a budget amendment request from the Planning Department. It
is actual) two amendments. I got my hand slapped a little bit by Stacy, but she allowed
Y
it to go through as we requested. We are proposing to remove some money from the
professional services budget in two separate accounts. The first one would be a new
line item under the Mayor's department for the welcome signs. Robert and I did a joint
presentation last month on those welcome signs and we have some cost estimates on
that and we have some consulting dollars in planning that we haven't earmarked yet for
work this year, so we can move some of that money to purchase these signs and the
hardware to put up those welcome signs, at least the metal --the metal welcome signs.
I did get some information as was questioned -- I believe it was from Councilman Bird
on the -- the cost differential. The signs we were looking at were 24 by 36. The
question arose about 18 by 24. The -- the estimates that we got -- it's around 160
dollars a sign for the 24 by 36, including post and anchors and nuts and bolts and
things. To go to an 18 by 24, same engineering grade sign, it's about 142 dollars. So,
you save about fifteen dollars by going to the 18 by 24 as the 24 by 36, so --
Bird: Madam Mayor?
Meridian City Council
April 5, 2011
Page 53 of 63
De Weerd: Mr. Bird.
Bird: Caleb, I think my question was will one post hold a 24-36.
Hood: Yes.
Bird: You don't have to double pole it.
Hood: And, Madam Mayor, I did clarify --thank you, Councilman Bird. I did clarify with
ACRD that they understood our request, too, to not run it vertical, but run it horizontal
and they did say, yes, that is a maximum and they did understand it, that it --
Bird: 36 by 24.
Hood : Right.
Bird: Okay.
Hood: So, I did clarify that with Kendall Kemmer at ACRD traffic and they said one post
and so we are good there as well, so -- so, that's one side of this budget request is for
those 26, 27, 28, where Robert and I actually did some site checks late last week and
first thing this week. We have about -- like I said, about 27 signs that we would like to
purchase with those. And, then, the second part of this request is for some computer
software that we would move from the planning department's electronic budget. Brian
McClure has a skill set that we haven't had in our department and there are some
electronic tools out there, some software, that if we can get in his hands I think he can
do some pretty amazing things. So, that's kind of the separate amendment, but it's all
tied in in this one request. So, that's the basic outline and I will stand at this point for
any questions.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Caleb, on your budget amendment form wouldn't -- is ours updated? Because we
have no signatures from the Mayor, the liaison, the department director, or the chief
financial director.
Hood: Madam Mayor, Councilman Bird, I don't have that copy either, but I did get --get
a copy to our liaison that's Councilman Rountree. Stacy has been -- I do not see. her
signature, but she signed off electrically saying, yes, I'm good. She made some
changes. I believe the clerk did as well. So, all of those lines should be filled in. I don't
know where the original is at this point, but they should be filled in is my understanding.
De Weerd: With the clerk.
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April 5, 2011
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Rountree: Madam Mayor, I have signed that and I have delivered it to finance and at
that oint Stacy signed it and made some minor modifications to it and scolded Caleb
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and away it went.
Bird: Okay.
De Weerd: I have signed it, as has the clerk, so --
Bird: No problem. Just asking.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I would move that we approve the budget amendment request for the
welcome signs and software not to exceed 6,668 dollars.
Bird: Second.
Zaremba: Second.
De Weerd: I have a motion and a second to approve the budget amendment request.
Madam Clerk, will you call roll.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
De Weerd: Mr. Bird?
Bird: We are going with the 36-24? Yeah. 36-24?
Hood: Yes. That's my understanding. Yes.
Bird: Okay.
E. Continued From March 22, 2011- Planning Department: Eagle
Road Safety Improvements Request Letter to the Idaho
Transportation Department (ITD)
De Weerd: Okay. Item E.
Hood: Okay. Thank you, Madam Mayor. I have got one more and I think at this point
will ask Sergeant John Gonzales to come up. I think I will do most of the speaking, but
Meridian City Council
April 5, 2011
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this is, essential) , a joint request from police and planning and the Traffic Safety
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Commission at a meeting -- actually, last two meetings of the Meridian Traffic Safety
Commission we discussed safety along Eagle Road. It was actually brought up as we
were following upon our speed limit change request on Meridian Road and kind of what
the status was of that request south of Overland, between Overland and Victory there,
and I contacted Kevin Sublon at ITD. Sergeant Gonzales and myself met with Kevin on
Februa 21st and kind of discussed some of the issues and our concerns with Eagle
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Road and speed limits and the driveways and some of the signs they recently put up
and -- and had a good discussion with him. I subsequently drafted a letter with some
help from Sergeant Gonzales that we vetted through that traffic safety commission at
their next meeting and they asked that we present this -- a letter to you all for the
Ma or's si nature to send on to ITD. I won't read the letter for you, but it, basically,
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requests them to -- ITD to do a speed study in the peak -- peak hour to look at the
speed limits there, basically, from the interstate up to -- how .far do we go? Do we go to
20-26? Okay. So, to look. at some of that. We did attach some crash data. I mean
safet is the real reason for this request. And, then, we asked for some signs to be
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changed out. They think -- the police believe that some of the language -- the no left
turn versus right-turn only may be some better-- better sign to turn over. I may -- I don't
know if John has any -- Sergeant Gonzales has anything to add to that. Certainly a lot
of that data and the request came from police, so I will yield to maybe if he has some
things he'd like to add.
Gonzales: Madam Mayor and Council, really just the problem is that we are trying to
address here is 11 of our top 20 crash locations are located on Eagle Road from I-84
north to the city boundary at Bald Cyprus, which is north of Ustick Road. The traffic
team of the police department has increased our enforcement activities in that area, but
we also know that the enforcement is not the only approach to this and we need some
engineering changes and hoping that your support would give us that opportunity with
ITD.
De Weerd: Thank you. Council, any questions?
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I question the merit of a speed study during peak hours. You're going to get
the response speed limits are set to the 85th percentile, meaning you're going to set the
speeds at what 85 percent of the folks drive it and during peak hours they are not going
50, the are not going 45, they are not going 55, and I guess to that if you can correlate
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accidents in that time frame, which I suspect you have, but I'm not sure, but if you can,
then -- then maybe there is some value in that, but I don't see setting the speed limit
based -- happening based on the peak hour, if that's when the accidents occur. If the
accidents are occurring throughout the day, then, maybe the median control is the first
thing you do and expect a whole bunch of accidents after that goes in and then -- and,
then, maybe it will have. an impact of some of the crazy movement that goes on out
Meridian City Council
April 5, 2011
Page 56 of 63
there. But I'm just -- do it, but I'm -- I would be curious as to what value it results in if --
if ITD will even do it. I mean they will do a speed study and they will do it throughout the
day, but it's -- it's going to show you that the speeds are not terribly unsafe I would think.
Gonzales: Our crashes in that area are typically rear-end crashes and a lot of that's
inattention. Part of that is speed. In our investigations we really don't attribute speed in
a lot cases to being the cause, because it's easier for the officer to rule it as inattention
or following too closely and we really don't get the speed indicators that we would need
to to be able to contribute speed as an issue. However, based on the number of
crashes we work out on that roadway, I think part of our problem is the inconsistency of
speed in a lot of vehicles in that some are going faster than others, because the. speed
limit is so high, but traffic congestion does not allow traffic to go that fast.
Rountree: Call it defensive driving.
Hoaglun: Madam Mayor?
De Weerd: I had another word in mind. Mr. Hoaglun.
Hoaglun: I had a question for Sergeant Gonzales or Caleb. One of the things I found
interesting looking up the number of accidents at these intersections, it occurred to me
that those are -- I mean those are some of the highest volumes in the state, that
Fairview Eagle. and Franklin and -- but it didn't tell me, then, really what is that
compared to other intersections that have lesser volume. I thought, you know, if you
break it down per thousand how many accidents per thousand vehicles, you could
statistically be at .7 per thousand and another intersection that, you know, has three
times less the volume you could be at one per thousand, which, actually, makes it
higher statistically an accident occurring than those ones. We have a lot of accidents
because there is a high volume, but just that number saying there were 38 accidents in
-- at this intersection in this month or this year, compared to -- if you break it down
otherwise that would have given me a little more information to say, yeah, that's --that's
a very dangerous intersection in comparison. Now, I don't dispute the need to look at
the safety measures, I mean because of the high volume in and of itself. There is some
things that we have to do that -- that make it -- make it a safer -- safer roadway. So,
you're on the right track that way. And I did have one other question and that was when
they talk about candles, I want to be sure on those. Left turn -- I'm sorry, right turn only,
right-in, right-out functions, and I think we talked about putting candles out a little farther
like I saw the other day a vehicle going in heading north turning left into the Peterson
Sports, Jimmy Johns, into the right-turn only deal, doing that little with a U, they were a
2C license plate, okay, you give them -- give them some slack, but are those -- that's
where you would put the candles to extend that out a bit? I wasn't sure where those
candles were going to go, sergeant.
Gonzales: These candles are -- are designed to go in the middle of turn lane, so that
you could only turn left and you couldn't drive across the intersection. One of the things
I think is important here is that a number of traffic patterns within the roadway be limited
Meridian City Council
April 5, 2011
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to avoid crashes and by doing that I think when we get raised medians in that will help
reduce some crashes. So, as a temporary low cost fix these candles could be installed
in the turn lanes to where vehicles inside of the turn lanes still could access the
businesses by turning left, but they wouldn't be able to go across -- across Eagle Road
all the seven lanes of traffic plus the turn lane, which is dangerous
Hoaglun: Okay. That was my question. Where were those planned to be placed.
Gonzales: And my understanding they are two and a half to three feet tall. They can
take about a thousand hits by a car before they need to be replaced. So, something
that we will see a few replacements I'm sure, but something that should be durable.
Hoaglun: Thank you.
Hood: Madam Mayor, just to maybe follow up on the first part of Councilman Hoaglun's
request. I don't know what Sergeant Gonzales has accessible in cars. I don't have
access to the web cars or the reporting of crashes. I know ACHD does track -- I think
it's per million vehicles, not thousand, but they do have ratios that I can show you. This
is a state facility, so I don't know if they -- if that's counted that way or not. But even the
volumes that the percentage of crashes is still very high on Eagle Road compared to
other roadways that are lesser volume, but per million vehicles entering they still -- your
table is going to look real similar with the top 20 -- most of these would still be in your
top 20. Certainly the Eagle Road -- Eagle Road volumes there is not going to be
anything higher in the city. Some of the cross-streets, though, are pretty minor. The
Florences, the Ventures, there are not a lot of cars going through there. When you
have an accident there it's -- it's a very high ratio those cross-street people that are
using those cross-streets that are involved in accidents. So, just to follow up on that.
And I do think that the design -- we aren't trying to design this for ITD, but I think some
of the design may be similar or there may be warrants to allow a left in in some of these
places. They can do some cool things with channelization of those, where it just doesn't
allow people to turn left out of a property. That really seems to be where -- where if we
can get -- get right-in, right-outs and maybe some left-ins to some of these places with
design -- you won't see --the length of those has to be extended enough they don't get
people going the wrong way and turning in, but -- but these are intersections, we'd just
really like them to look at that a little bit more and Iwill -- I may mention as well, just for
Councilman Bird's edification. He made a comment about the -- the turn lane at St.
Luke's not being long enough and we requested that in this as well. Heard some
concerns about that in the a.m. peak stacking up and not being deep enough, because
-- of that. So, that is in this letter as well, Councilman. That came up as well, so I forgot
to highlight that earlier.
De Weerd: Anything furtherfrom Council?
Rountree: Madam Mayor. Caleb, does the letter reflect that it's still our desire to see
them move fonNard with their median project? And I was told not too long ago that they,
in fact, were moving forward with that. Now, that can kind of go up and down, but these
Meridian City Council
April 5, 2011
Page 58 of 63
are 'ust temporary measures that we are asking for, but we still support and encourage
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them to get that done.
Hood: Madam Ma or, Councilman Rountree, I hope they don't take a thousand hits. I
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really hoped that --
Rountree: Yeah.
Hood: -- b the time they get put in a median follows shortly thereafter, because the
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avement rehab stuff -- and we would actually asked them, so, yeah, to answer your
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uestion it's the fourth bullet I believe on here that this says we are under the
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understanding that from Fairview up through Eagle that pavement rehab project -- its
current) in '13. I don't know if I should say this or not, but Kevin said it may be in '12
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the are looking at advancing that. So, we are trying to support that little interjection
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here that we support that pavement rehab and center medians in Eagle Road and as an
interim measure we'd like to see those candles, so --
Rountree: Great.
Hood: And retrofitting, by the way, as well in that one mile that they just did, with
medians. Not just the candles, but with medians, so --
Rountree: Press on.
De Weerd: So, do I have a motion for -- to authorize me to sign?
Bird: So moved.
Rountree: Second.
De Weerd: I have a motion and a second to approve the signature on this item. All
those in favor say aye. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
F. Police Department: Budget Amendment for the Department of
Juvenile Corrections (DJC) I Enforcing Underage Drinking
Laws (EUDL~ Grand Award for aNot-to-Exceed Amount of
$7,420.00
De Weerd: Okay. Item 9-F is our police department budget amendment and I will turn
this overto Lieutenant Overton.
Overton: Good evening, Madam Mayor, Members of Council. In the interest of being
quick, this first one, number F, although it does say it's a grand award, while we agree
Meridian City Council
April 5, 2011
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with that language, it's also a grant award and, to be quite blunt, it's 7,420 dollars used
in the following manner: It's going to be paying for officer overtime, payments to
uncover youth for six different dates. It's going through February 2012 for shoulder tap,
compliance check operations, party patrols, bar checks and delivery sting operations we
are going to be doing throughout the city in our different institutions as part of our
underage drinking enforcement. And I will stand for any questions.
De Weerd: Well, we just appreciate these EUDL grants and that we have the ability to
put them to use. Council, any questions on this?
Rountree: I have none.
Bird: My second to -- to that, Mayor.
De Weerd: Do I have a motion?
Hoaglun: It sounds like, Madam Mayor, it would be a good ride along time. Madam
Mayor?
De Weerd: Mr. Hoaglun.
Hoaglun: I move approval of the budget amendment of the Department of Juvenile
Corrections enforcing underage drinking laws grant award for not to exceed amount of
7,420 dollars.
Bird: Second.
Rountree: Second.
De Weerd: I have a motion and a second to approve this budget amendment request.
Madam Clerk, roll call, please.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, .yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
G. Police Department: Budget Amendment for Drug Free
Communities (DFC) PY2009 Carryforward Balance in the
Amount of $20,923.00
De Weerd: Item 9-G is also a police department budget amendment. I will ask
Lieutenant Overton to present this.
Meridian City Council
April 5, 2011
Page 60 of 63
Overton: I happen to be ready to do the next one. The next one is also our grant
carryover. This is from our Drug Free Communities grant FY2009. Under the grant we
had substantial savings due to an increase in in-kind donations. Also we had to hold
money back each year due to federal requirements for a potential training class that
they haven't held each of the two years. So, with those funds we are using them for
increased median marketing for the MADC dealing with ads at the Majestic Theater for
the print screens that go before movies. E-news letters. Radio and television public
safety announcements. Utility bill inserts. We are also looking at sending additional
coalition members to the Northwest Alcohol Conference and getting two of our local
high schools in to receive the impact coaching program that Rocky Mountain High
School got to go through this last year. So, with that I will stand for any questions.
De Weerd: Thank you.
Bird: I have none.
Hoaglun: Madam Mayor, I move approval of the budget other amendment for Drug
Free Communities 2009 carry forward balance in the amount of 20,920 -- 20,923
dollars.
Rountree: Second.
De Weerd: I have a motion and a second to approve the budget amendment in front of
you on Item 9-G. Madam Clerk.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Item 10: Ordinances
A. Ordinance No. 11-1478: An Ordinance of the Mayor and the
City Council of the City of Meridian for Annexation of a Parcel
of Land Located in a Portion of Lot 3 of J. E. Pfost's
Subdivision, Recorded in Book 4 of Plats at Page
157, Records of Ada County, and a Portion of the North
Meridian Road Right-of-Way; Said Parcel Situated in Known as
the Borup Property and is Located in the Southwest Quarter of
Section 8, Township 3 North, Range 1 East, Boise Meridian,
Ada County, Idaho (AZ 10-003)
De Weerd: Item 10-A is proposed ordinance number 11-1478. I will ask for our Madam
Clerk to, please, read this by title only.
Meridian City Council
April 5, 2011
Page 61 of 63
Holman: Thank you, Madam Mayor. City Meridian ordinance number 11-1478, an
ordinance AZ 10-003, Borup property, for annexation of a parcel of land located in a
portion of Lot 3 of J.E. Pfost's Subdivision, recorded in Book 4 of Plats at page 157,
records of Ada County, and a portion of the north Meridian right of way, said parcel
situated in the southwest quarter of Section 8, Township 3 North, Range 1 East, Boise
Meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands
and territories situated in Ada County, Idaho, and adjacent and contiguous to the
corporate limits of the City of Meridian, as requested by the City of Meridian,
establishing and determining the land use zoning classification of said lands from RUT
in Ada County, to C-G, General Retail and Service Commercial District, in the Meridian
City Code, providing that copies of this ordinance shall be filed with the Ada County
assessor, the Ada County recorder, and the Idaho State Tax Commission, as required
by law, and providing for a summary of the ordinance and providing for a waiver of the
reading rules and providing an effective date.
De Weerd: Thank you. You have heard that ordinance read by title only. Is there
anyone who would like it read in its entirety? Seeing none --
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we approve Ordinance No. 11-1478 with suspension of rules.
Rountree: Second.
De Weerd: I have a motion and a second to approve Item 10-A. Madam Clerk, will you
call roll.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
De Weerd: Item 10-B was considered earlier this evening and will be the second
reading on April 19th, in addition to public testimony at that time.
Item 11: Future Meeting Topics
De Weerd: So, we move to Item 11. Any items forfuture meetings?
Holman: None from the clerk's office.
De Weerd: Okay.
Nary: No, ma'am.
Meridian City Council
April 5, 2011
Page 62 of 63
.Thank ou. We are atthe end of our agenda --
DeWeerd . Okay y
. nce discussion on TUPs, but other than that --
Rountree. We have a future ordina
workshop items.
De Weerd: Okay.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
' hedulin a 'oint meeting with ACHD commission at
Zaremba. Are we working on sc g 1
anytime?
' HD director and said that we would greatly appreciate
De Weerd. I talked with AC .
' ' tin s with the commission and he will bring that back
reinstatement as of our jointly mee g
and we will work on setting a date.
Zaremba: Thank you.
We are at the end of our agenda. Do I have a motion to
De Weerd. Thank you. Okay
adjourn?
Rountree: So moved.
Bird: Second.
De Weerd: All those in favor? All ayes.
MOTION CARRIED: ALL AYES.
MEETING ADJOURNED AT 9:49 P.M.
(AUDIO RECORDING ON FILE OF THESE PROCEEDINGS)
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