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CITY COUNCIL REGULAR
MEETING AGENDA
Tuesday, November 20, 2012 at 7:00 PM
1. Roll-Call Attendance
O David Zaremba X Brad Hoaglun
X Charlie Rountree X Keith Bird
X Mayor Tammy de Weerd
2. Pledge of Allegiance
3. Community Invocation by Pastor Mark Bryan of Harvest Church
4. Adoption of the Agenda Adopted (Pg 2)
5. Consent Agenda Approved (Pg 2-4)
A. Agreement for Use of Cougar-Tracking Dogs
B. Amendment to License Agreement with Ada County Highway
District (ACRD) Regarding Ten Mile-Overland Interchange
C. Findings of Fact, Conclusions of Law for Approval: AZ 12-009
Villas @Lochsa Falls by Arete Investment Group, LLC Located
West Side of N. Linder Road Between Chinden Boulevard and
W. McMillan Road Request: Annexation and Zoning of 5.67
Acres of Land from RUT in Ada County to the R-8 (Medium-
Density Residential) Zone
D. Findings of Fact, Conclusions of Law for Approval: PP 12-008
Villas @Lochsa Falls by Arete Investment Group, LLC Located
West Side of N. Linder Road Between Chinden Boulevard and
W. McMillan Road Request: Preliminary Plat Approval of 31
Residential Lots and 5 Common Lots on 4.95 Acres in a
Proposed R-8 Zone
E. Findings of Fact, Conclusions of Law for Approval: PP 12-011
Hacienda East by Jayo Development Located at East Side of N.
Meridian Road and South of Chinden Boulevard Request:
Meridian City Council Meeting Agenda -Tuesday, November 20, 2012 Page 1 of 3
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.
Preliminary Plat Approval of 17 Residential Lots on 2.14 Acres
in an Existing R-8 Zone
F. Findings of Fact, Conclusions of Law for Approval: AZ 12-010
SGI by G4 Acquisitions, LLC Located 2420 N. Eagle Road
Request: Annexation and Zoning of 1.45 Acres of Land with a
C-G Zoning District
G. Findings of Fact, Conclusions of Law for Approval: CUP 12-
008 SGI by G4 Acquisitions, LLC Located at 2420 N. Eagle
Road Request: Conditional Use Permit for a Drive-Thru
Establishment in a C-G Zoning District Within 300 Feet of an
Existing Residence and Residential District
H. Findings of Fact, Conclusions of Law for Approval: PP 12-009
Zebulon Village Subdivision by The Traditions by Amyx II, LLP
Located Approximately 1/4 Mile West of N. Eagle Road and
South of E. McMillan Road Request: Preliminary Plat Approval
Consisting of 40 Building Lots and 7 Common /Other Lots on
14.94 Acres of Land in the R-4 Zoning District
I. Resolution No. 12-891: VAC 12-006 Spurwing by The Club at
Spurwing, LLC Located at North of Chinden Boulevard and
West of N. Linder Road Request: Vacate a Portion of N.
Spurwing Way Right-of-Way (1.39 Acres) Platted with the
Spurwing Subdivision
J. Resolution No. 12-892: VAC 12-005 Central Valley Corporate
Park by Scott Schoenherr Located at 690 S. Industry Way (Lots
10 and 11, Block 1) Request: Vacate a 10-Foot Wide Public
Utility, Drainage and Irrigation Easement Shared on the Interior
Lot Line of Lot 10 and Lot 11, Block 1
6. Items Moved From Consent Agenda None
7. Action Items
A. Public Hearing: RZ 12-003 Rockcreek Apartments by Iron
Mountain Real Estate Located 1023 & 1025 W. Pine Avenue
Request: Rezone of 0.58 of an Acre from the L-O to the R-15
Zoning District Approved (Pg 4-7)
B. Public Hearing: CUP 12-010 Rockcreek Apartments by Iron
Mountain Real Estate Located 1023 & 1025 W. Pine Avenue
Request: Conditional Use Permit Approval for aMulti-Family
Meridian City Council Meeting Agenda -Tuesday, November 20, 2012 Page 2 of 3
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.
Development Consisting of Two (2) 4-Plex Structures (8
Dwelling Units) in a Proposed R-15 Zoning District Approved
(Pg 4-7)
8. Department Reports
A. Planning Division and Legal Department: Discussion of
Annexation Procedures for Meridian Heights (Pg 7-11)
9. Future Meeting Topics None
Adjourned at 7:27 p.m.
Meridian City Council Meeting Agenda -Tuesday, November 20, 2012 Page 3 of 3
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 Citv Council November 20, 2012
A meeting of the Meridian City Council was called to order at 7:00 p.m., Tuesday,
November 20, 2012, by Mayor Tammy de Weerd.
Members Present: Mayor Tammy de Weerd, Charlie Rountree, Keith Bird, and Brad
Hoaglun.
Members Absent: David Zaremba.
Others Present: Bill Nary, Jaycee Holman, Pete Friedman, Sonya Watters, Scott
Colaianni, Parry Palmer, Clint Dolsby and Dean Willis.
Item 1: Roll-call Attendance:
Roll call.
O David Zaremba X Brad Hoaglun
X Charlie Rountree X Keith Bird
X Mayor Tammy de Weerd
De Weerd: Welcome to the regular City Council meeting. We appreciate you all joining
us this Thanksgiving week. For the record if is, Tuesday, November 20th. It's 7:00 p.m.
Madam Clerk, will you, please, start with roll call attendance.
Item 2: Pledge of Allegiance
De Weerd: Thank you. Item No. 2 is our Pledge of Allegiance. If you will all rise and
join us in the pledge.
(Pledge of Allegiance recited.)
Item 3: Community Invocation by Pastor Mark Bryan of Harvest Church
De Weerd: Item No. 3 is our community invocation. Tonight we will be led by Pastor
Mark Bryan. He is with Harvest Church. If you will all join us in the community
invocation or take this as an opportunity for a moment of reflection. Welcome, Pastor
Mark.
Bryan: Thank you very much. Let's pray. Father in Heaven, we thank you for this day
and for your grace to live it and as we come together I pray for the leaders of our city,
our City Council and those members of the city that would have concerns here tonight.
We would consider whether they be citizens or business folk or developers, whatever
the case, the wisdom that we need to do well always comes from you. So, we ask for
that wisdom and blessing upon our city, upon our leaders, that we might continue to see
grace upon a city that is good to raise a family in, to educate children and pray for
protection for our law enforcement communities, our first responders, Lord, we pray
Meridian City Council
November 20, 2012
Page 2 of 12
protection and wisdom for those that lead and those that govern, those that protect and
especially, Lord, in this season we pray for families, single mothers, families whose
incomes have been hit and who look forward to the holiday season without joy and we
pray that we would be sensitive to the needs of those around us and remember to look
beyond our own family's borders and look around that we could be a help and a
strength to others in this season. Let your blessing rest upon deliberations and may
there be the collaboration of wisdom and the blessings of unifying forces that come
when we work together, in the mighty name of Jesus we pray, amen.
De Weerd: Pastor Mark. You don't have to stay here the whole meeting, but I do have
a City of Meridian pin, because I don't think you have been -- provided the invocation
before this evening, so if I could -- thank you for joining us.
Item 4: Adoption of the Agenda
De Weerd: Item No. 4 is adoption of the agenda.
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Hoaglun: A couple items to note. Under 5-I, that resolution number is 12-891. 5-J is
resolution number 12-892 and I would move adoption of the agenda as printed.
Rountree: Second.
De Weerd: I have a motion and a second to adopt the agenda as printed. All those in
favor say aye. All ayes. Motion carried.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 5: Consent Agenda
A. Agreement for Use of Cougar-Tracking Dogs
B. Amendment to License Agreement with Ada County Highway
District (ACRD) Regarding Ten Mile-Overland Interchange
C. Findings of Fact, Conclusions of Law for Approval: AZ 12-009
Villas @ Lochsa Falls by Arete Investment Group, LLC Located
West Side of N. Linder Road Between Chinden Boulevard and
W. McMillan Road Request: Annexation and Zoning of 5.67
Acres of Land from RUT in Ada County to the R-8 (Medium-
Density Residential) Zone
D. Findings of Fact, Conclusions of Law for Approval: PP 12-008
Meridian City Council
November 20, 2012
Page 3 of 12
Villas @ Lochsa Falls by Arete Investment Group, LLC Located
West Side of N. Linder Road Between Chinden Boulevard and
W. McMillan Road Request: Preliminary Plat Approval of 31
Residential Lots and 5 Common Lots on 4.95 Acres in a
Proposed R-8 Zone
E. Findings of Fact, Conclusions of Law for Approval: PP 12-011
Hacienda East by Jayo Development Located at East Side of N.
Meridian Road and South of Chinden Boulevard Request:
Preliminary Plat Approval of 17 Residential Lots on 2.14 Acres
in an Existing R-8 Zone
F. Findings of Fact, Conclusions of Law for Approval: AZ 12-010
SGI by G4 Acquisitions, LLC Located 2420 N. Eagle Road
Request: Annexation and Zoning of 1.45 Acres of Land with a
C-G Zoning District
G. Findings of Fact, Conclusions of Law for Approval: CUP 12-
008 SGI by G4 Acquisitions, LLC Located at 2420 N. Eagle
Road Request: Conditional Use Permit for aDrive-Thru
Establishment in a C-G Zoning District Within 300 Feet of an
Existing Residence and Residential District
H. Findings of Fact, Conclusions of Law for Approval: PP 12-009
Zebulon Village Subdivision by The Traditions by Amyx II, LLP
Located Approximately 1/4 Mile West of N. Eagle Road and
South of E. McMillan Road Request: Preliminary Plat Approval
Consisting of 40 Building Lots and 7 Common /Other Lots on
14.94 Acres of Land in the R-4 Zoning District
Resolution No. :VAC 12-006 Spurwing
by The Club at Spurwing, LLC Located at North of Chinden
Boulevard and West of N. Linder Road Request: Vacate a
Portion of N. Spurwing Way Right-of-Way (1.39 Acres) Platted
with the Spurwing Subdivision
J. Resolution No. :VAC 12-005 Central
Valley Corporate Park by Scott Schoenherr Located at 690 S.
Industry Way (Lots 10 and 11, Block 1) Request: Vacate a 10-
Foot Wide Public Utility, Drainage and Irrigation Easement
Shared on the Interior Lot Line of Lot 10 and Lot 11, Block 1
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Meridian City Council
November 20, 2012
Page 4 of 12
Hoaglun: Under the Consent Agenda, as noted 5-I is resolution number 12-891 and 5-J
is resolution number 12-892. I would move approval of the Consent Agenda with the
Mayor to sign and Clerk to attest.
Rountree: Second.
De Weerd: I have a motion and a second to approve the Consent Agenda. Madam
Clerk, will you call roll.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 6: Items Moved From Consent Agenda
De Weerd: There were no items moved from the Consent Agenda.
Item 7: Action Items
A. Public Hearing: RZ 12-003 Rockcreek Apartments by Iron
Mountain Real Estate Located 1023 & 1025 W. Pine Avenue
Request: Rezone of 0.58 of an Acre from the L-O to the R-15
Zoning District
B. Public Hearing: CUP 12-010 Rockcreek Apartments by Iron
Mountain Real Estate Located 1023 & 1025 W. Pine Avenue
Request: Conditional Use Permit Approval for aMulti-Family
Development Consisting of Two (2) 4-Plex Structures (8
Dwelling Units) in a Proposed R-15 Zoning District
De Weerd: And before we move to Item No. 7, Action Item, I would like to welcome
Ralph. We haven't seen you for awhile. He's our regular attender, so we always miss
him when he's gone.
De Weerd: Item 7-A is a public hearing on RZ 12-003. Item 7-B is public hearing CUP
12-010. I will open these two public hearings with staff comments.
Watters: Thank you, Madam Mayor, Members of the Council. The next item before you
is for a rezone request and a conditional use permit. This site consists of .58ths of an
acre. It's currently zoned L-O and is located at 1023 and 1025 West Pine Avenue on
the south side of Pine midway between Linder and Meridian Roads. The applicant is
requesting a rezone of .58ths of an acre from the L-O to the R-15 zoning district
consistent with the Comprehensive Plan future land use map designation of high
density residential. A conditional use permit is also requested for approval of a multi-
Meridian City Council
November 20, 2072
Page 5 of 12
family development consisting two four-plex units. Excuse me. Two four-plex
structures containing a total of eight dwelling units. The proposed development will
need to comply with the specific use standards for multi-family developments. A
minimum of 2,000 square feet of common area and two site amenities are required to
be provided for this development. This is a copy of the revised site plan that the
applicant submitted this afternoon. Common area will be provided between the
structures here and the two ground floor patios at the rear of the structures. The
applicant plans to provide an enclosed .bike storage area and a barbecue and picnic
area with tables as amenities as shown. Access to the site is provided via Pine Avenue
and was approved and constructed with the coverall Rockcreek development. The
parking lot and street buffer landscaping has already been constructed. This picture
here is a view from Pine Avenue. The two proposed lots are right here in front. To the
rear of that is the rest of the Rockcreek development. Building elevations for the two
apartment buildings, as well as the carports, have been submitted as shown. All
structures are required to comply with the design standards in the UDC, as well as the
guidelines in the Meridian design manual. The elevations for the carports will need to
be revised -- actually, that was a condition of the last Commission hearing. They have
been revised. These are the revised carports right here. The last ones were just a flat
roof. Now they have a pitched roof to match the other structures. The Commission
recommended approval of this application. Kent Brown testified in favor. No one
testified in opposition or commented. Written testimony was submitted by Kent Brown
and no written testimony has been submitted since the Commission hearing and there
are no outstanding issues for Council. Staff will stand for any questions Council may.
De Weerd: Thank you. Council, any questions?
Rountree: I have none.
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Hoaglun: Sonya, on the east side where they show the parking stall, there is just a -- it
shows 19 feet, 34 inches. Is that a parking space or is that just an extra -- they just
didn't have enough room? And I'm looking at the -- yeah. Got it right there. Is that a
full parking space or is that just kind of extra space they had at the end?
Watters: Madam Mayor, Councilman Hoaglun, the applicant can answer that, but it
doesn't appear to be a full width stall.
Hoaglun: Okay. I was just --
Watters: I'm guessing it's one extra, but Kent can address that.
Hoaglun: Okay. Thank you.
Meridian City Council
November 20, 2012
Page 6 of 12
De Weerd: Okay. Would the applicant's representative like to make comment?
Brown: For the record I'm Kent Brown. 3161 Springwood, Meridian, Idaho.
De Weerd: Thank you. It's nice to see you again.
Brown: Yes. We are in agreement with the conditions of approval and that space there
is a part of the grass. It's not asphalt or else we would have a space. All the parking
stalls were installed with the original development when they were looking at having
some offices there and they are adequate per your ordinances.
Hoaglun: Madam Mayor. Kent. Yeah. I was curious about that. It just -- from this it
looked odd and I couldn't figure that out.
Brown: Yeah. On this one it -- on this looks different than like on the landscape plan
that I was looking at.
Hoaglun: Okay. That satisfies my curiosity on that.
Brown: Okay. Thanks. Any other questions?
De Weerd: Council, any questions?
Brown: Thank you.
De Weerd: Thank you. This is a public hearing. Is there any members of the public
who would like to provide testimony on this item? Okay. Seeing no further comment,
I'm just excited to not see weeds there.
Bird: Amen. Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we close the public hearing on RZ 12-003 and CUP 12-010.
Rountree: Second.
De Weerd: I have a motion and a second to close the public hearing on items 7-A and
B. All those in favor say aye. All ayes. Motion carried.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Meridian City Council
November 20, 2012
Page 7 of 12
Bird: I move we approve RZ 12-003, Rockcreek Apartments and to incorporate all staff
and applicant comments.
Hoaglun: Second.
De Weerd: I have a motion and second to approve Item 7-A . Any discussion by
Council. Madam Clerk.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: THREE AYES. ONE ABSENT.
De Weerd: Item 7-B.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we approve CUP 12-010., Rockcreek Apartments, and to incorporate all
staff and applicant comments.
Rountree: Second.
De Weerd: I have a motion and a second to approve Item 7-B. Madam Clerk, will you
call roll.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 8: Department Reports
A. Planning Division and Legal Department: Discussion of
Annexation Procedures for Meridian Heights
De Weerd: Item 8-A is under our Planning Division. Pete.
Friedman: Thank you, Madam Mayor, Members of the Council. A few weeks ago
Council met with representatives from the Meridian Heights Sewer District and
representatives from Mr. Lee Centers and had a fairly lengthy discussion about the
potential of entering into a service contract with the district for the city to handle and
treat the sewage from the Meridian Heights, Kentucky Ridge area. At that time it was
Meridian Ciry Council
November 20, 2012
Page 6 of 12
the sense of the Council to direct staff to engage with both of those parties and start
vetting the various issues that are related to a potential contract of all of the cost of
utilities and maintenance, long-term costs to the city, protection of the rate payers,
things like that. One of the questions that came up was the discussion about
annexation and the sense that we carried away from that meeting was that the Council
seemed to direct that if any annexations were to occur it would have to be sort of one
large annexation of the affected properties, both the vacant properties owned by Mr.
Centers, the common properties owned by the Meridian Heights Sewer District, which is
the lagoon properties, as well as the two subdivisions. So, I know that there have been
some extensive discussions going on between the parties and the Public Works
Department. Mr. Nary and I were reviewing the annexation options under the state
statutes and as Council knows 99 percent of the annexations that come before you are
the Type A or consentual annexation, so that the property owners approach the city and
want to avail themselves of city services and so forth. As counsel for Mr. Centers said
there has been some discussion about phasing annexation and so forth. So, what Mr.
Nary and I were looking at is we were looking at the possibility of two annexations
running concurrently, one would have been the Type A annexation or the consentual
annexation of Mr. Centers and the other would have been a Type B, which has to do
with -- which is more the city initiated annexation. In a Type A, of course, the applicant
makes their application, pays the fees, and so forth. In the Type B the city, in effect, is
the initiator.. So, Mr. Nary and I have been going through the statutes, .have been
looking at the various implications of each. You have got a -- sort of an analysis of the
amount of property that's owned by the respective parties. The one thing we don't know
is, of course, what the level of consensus is among the -- either the homeowners in
Meridian Heights or the homeowners in Kentucky Ridge, but at the end of it all we
concluded that it would probably be in the best interest of everyone involved if this
moves forward as a Type B annexation, because we have apparent consensus from 50
percent of the landowners. If you look at just what Mr. Centers owns and what -- the
common areas owned by the Meridian Heights Sewer District, as well as Mr. Hansen's
property and if -- this will be part of a report coming to Council in a few weeks. There is
a Meridian Heights sewer plan that is going to be really the vetting of all the work that
Public Works is doing and we are, you know, going to slide in that whole annexation
question into that. But we just wanted to make you aware of that. Clearly there is going
to be some expenses involved. There needs to be a discussion on roles and
responsibilities and how those expenses are covered. That is a conversation we
haven't had as yet, but we do need to have with all the parties. But I think Mr. Nary can
supplement anything else I might have to say, but at this point I think our conclusion is
it's probably in the city's best interest in terms of being able to get our arms around all
the properties in one annexation is for us to initiate the annexation.
Nary: Madam Mayor?
De Weerd: Mr. Nary.
Nary: Madam Mayor, Members of the Council, I mean probably I can't add a whole lot
more. Pete's really covered it very well. I mean the Category A annexation, which is
Meridian City Council
November 20, 2012
Page 9 of 72
the most common that we have used, because that's a consentual annexation, in this
particular circumstance actually probably works against us, because what you'd end up
with potentially is all of the property owners that are just willing to consent today that are
going to be contiguous, like Mr. Centers, the Hansen property, and the Meridian Heights
Sewer and Water District, you could theoretically, then, be left with a significant number
of properties that aren't willing to consent. The way Category B is designed in the State
Code, it's -- it divides up the analysis by both parcel number -- so the amount of parcels,
but also acreage. So, if you have more than a hundred parcels you need at least 60
percent of the acreage of the entire area to consent to be under Category B and what
Category B has is it's just a -- at that point it's a process of planning and analysis and
public hearing to get feedback and the opportunity for -- to be heard by residents in that
area that didn't choose to want to be annexed, but if you -- if you split them into two and
you take only the people that you have that want to consent, then, you're left with only
the people who won't consent or who aren't contiguous, but would like to consent, and
what you end up with is it actually ends up as a Category C and a Category C requires
a vote. There isn't any city in Idaho that's tried to do a Category C annexation since
they created the statute, because it is very cumbersome and incredibly expensive to do
that. So, most cities around here or anywhere else have used either the A, because it's,
obviously, the most simple system to do it or the B for the unique circumstances that we
are facing here. You know, the -- Boise to the east has done a number of these,
because. of their extensions of sewer, so that's, again, part of the reason uve are even
pondering that. But this is just one piece of the big puzzle, like Pete said. Tom in the
Public Works staff in working with the -- the residents, the sewer district, Mr. Centers
and such, are still working on the piece that has still got to come and that's what we
hope to get back in front of you potentially in December if at all possible, so that you can
kind of basically see what the progress is and whether we should continue on with more
progress, but we have really got to make the -- you know, the case of what can work
both financially for the city, as well as financially for the residents. There is, obviously,
some financial impact regardless once you annex. Of course, there is other costs and
expenses that is part of your property that weren't before. So, there are some issues
that we probably can't overcome completely, but I know Tom has been working very
hard with the -- with the district and such to at least try to figure out how to make this
work, so it's financially doable for the district, not a huge financial impact to the
residents, although there will be some and that it will not be a financial impact to the
city, the part of the contract we can negotiate. But it doesn't -- it doesn't make sense
under the statute to try to annex in phases. My biggest fear in advising you is that if you
were to wait to phase and to annex the risk is that the law will change between now and
then and at that point, then, you might be serving under a contract with the expectation
to annex that the law at that point in time might not allow us to do. So, it's much riskier
to wait on that. It's probably wiser to contract -- if we are going to do this to contract
with some -- with some deadlines and some benchmarks that need to be met in some
ways to deal with those benchmarks if they aren't met, but to --away to annex in
phases really doesn't make much sense. I have had some correspondence with the
counsels for both the district and Mr. Centers and gave them my thoughts on it. They
are in agreement. I mean we haven't put pen to paper or tried to figure out a contract or
anything yet, but they are in agreement that it kind of makes the most sense if we are
Meridian City Council
November 20, 2012
Page 10 of 12
going to go down the path of -- of providing service, that we would annex and we would
use the Category B as the method to get there.
De Weerd: Thank you, Bill. Questions from Council?
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Hoaglun: Bill, just a -- the time for a Category B is that a long process? Fairly short
process? What are we looking at?
Nary: Madam Mayor, Members of the Council, Council Member Hoaglun, I'd have to
look at the time -- the timing requirements, because when the city initiates there is a lot
of other background work that needs to get done in creating, basically, an annexation
plan. You have public hearings, you have some public outreach. Similar to what we
have done in the comprehensive land use map changes. So, you know, it's certainly
not something that could be done very quickly, it's probably a three to six month window
to do. But I think what the parties are looking for on the legal side is the parties are
looking for some comfort level that they have to reach, because of their pending lawsuit,
which we aren't a party to, they have to make a decision on their own whether or not the
progress that they are at is sufficient to deal with the court issue or not and that's, again,
something we can't really control. All we can do is try to put together a plan that we can
bring forward to you to say do we continue on to get a finalized agreement or not and,
then, they will have to independently decide if that's adequate from the court's
perspective.
De Weerd: Mr. Rountree.
Rountree: Bill, just answered my -- the question I had, but I'm still -- what I heard from
Pete was A and B concurrent and from Bill B if this moves forward in terms of
annexation, so it's all in one fell swoop, as opposed to having a consentual group and a
mixed group.
De Weerd: Pete's recommendation was B.
Friedman: And Madam Mayor, Council -- yeah. Council Member Rountree, I apologize
if I confused it. What we did look at was both one of the scenarios we ended up with, as
Bill said, was having these A and B running side by side and we felt that that was not an
efficient or appropriate way to handle it, particularly for the reasons Bill outlined, plus
you would end up -- one of the unintended consequences, you could have -- process A
and, yes, you could have annexed these large vacant parcels and, then, potentially not
have annexed the people actually receiving the services. So, we finally concluded that
processing it through the B process would be the most appropriate.
De Weerd: Thank you. Any other questions from Council at this point? Okay. Well --
Meridian City Council
November 20, 2072
Page 11 of 12
Rountree: At such a point in time as we make a decision at least this part's clear.
That's how we are going to move forward.
De Weerd: Step by step.
Rountree: Yes.
De Weerd: Okay. And I do understand that the residents, Mr. Centers, have been
meeting and so, Mr. Nary, could you maybe give us an idea of when this will be back?
Nary: Yes. Madam Mayor, Members of the Council, originally when we met with Tom
and he said they had a very productive meeting last week with the representatives of all
the parties and so there is some homework on both sides that got -- has to get done.
Originally Tom -- Tom had told them the deadline was the end of the year, that we
needed to bring something back to the Council the first meeting in January. I
communicated that to the counsels for both Mr. Centers and the district today and they
both said that they need to have a decision to the court to begin the process of
discovery by the end of the year. So, if we wait until the beginning of the year that may
be problematic. Now, they said if it can't be changed and that's the way it is, they will try
to work with it, but they were concerned about the timing. So, I communicated that to
Tom. Our last meeting in December is the 18th and so Tom said he would try, but that
was fairly ambitious, but we may be bringing it back on the 18th to say we are not quite
ready or we may be back to say here is the conceptual plan that we have, but we have
this many pieces and parts to still determine before we can bring it to you further than
that. But, anyway, he said he -- you know, again, we would try, we would do what we
can to speed this along, at the least bring you something by the 18th if at all possible
and, then, counsel for the other side said they understand and they will certainly work
with whatever they got to work with.
De Weerd: Thank you for that interesting answer.
Nary: Well, you don't want a short answer.
Rountree: A legal answer.
Item 9: Future Meeting Topics
De Weerd: Okay. Council, we are at the end of our agenda. Any future meeting topics
for upcoming agendas?
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Hoaglun: Just a real quick future meeting topic. I was at the senior center board
Meridian City Council
November 20, 2012
Page 12 of 12
meeting today and at some point, probably the first of the year, they'd like to -- and
maybe during one of our workshops, just come and make a presentation to the City
Council on where they are with their new center and what the numbers look like and
everything else, so something we might look forward to the first of the year.
De Weerd: Very good. That would be welcome. Okay. At this point I would entertain a
motion to close.
Rountree: So moved.
Hoaglun: Second.
De Weerd: All those in favor say aye. All ayes..
MOTION CARRIED: THREE AYES. ONE ABSENT.
De Weerd: Happy Thanksgiving.
MEETING ADJOURNED AT 7:27 P.M.
(AUDIO RECORDING ON FILE OF THESE PROCEEDINGS)
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