2019-08-13 RegularMeridian City Council August 13, 2019.
A Meeting of the Meridian City Council was called to order at 6:02 p.m., Tuesday, August
13, 2019, by Mayor Tammy de Weerd.
Members Present: Tammy de Weerd, Joe Borton, Genesis Milam, Ty Palmer, Anne Little
Roberts and Treg Bernt.
Members Absent: Luke Cavener.
Also present: Chris Johnson, Bill Nary, Kevin Holmes, Warren Stewart, Mark Ford, Kevin
Fedrizzi and Dean Willis.
Item 1: Roll-call Attendance:
Roll call.
X__ Anne Little Roberts X _ _Joe Borton
X__ Ty Palmer X__ Treg Bernt
__X___Genesis Milam ______Lucas Cavener
__X__ Mayor Tammy de Weerd
De Weerd: Sorry we are starting a few minutes late. Thank you for joining us. For the
record it is Tuesday, August 13th. It's two minutes after 6:00. We will start with roll call
attendance, Mr. Clerk.
Item 2: Pledge of Allegiance
De Weerd: Item No. 2 is the Pledge of Allegiance. If you will all rise and join us in the
pledge to our flag.
(Pledge of Allegiance recited.)
Item 3: Community Invocation by Tim Pusey of Valley Shepherd Church of the
Nazarene
De Weerd: Item 3 is our community invocation. Tonight we will be led by Pastor Ken
Pusey with the Valley Shepherd Church of the Nazarene. If you will, please, join us in the
community invocation or take this as an opportunity for a moment of reflection. Welcome,
pastor.
Pusey: Thank you. Let's pray. Father, thank you for the opportunity we have to gather
tonight. We just in the pledge were reminded that we are one nation under God and so
tonight as your word instructs us, we are to rejoice in you. So, we take a moment just to
pause and to find our -- our joy, to find our center in you and, Lord, we -- we rejoice tonight
in -- in your presence with us. We rejoice tonight in your love and your care and
compassion for every citizen of our community. We thank you, Lord, tonight for those
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who serve our community and we pray especially for your leadership and guidance , for
we find our wisdom in you, Lord. So, we -- we seek your wisdom and guidance for them.
Bless them, Lord. Bless our Council and all the servants of our city. Bless our Mayor
and, Lord, as we are fast approaching an election season we pray for your wisdom and
guidance in that whole process as well and, Lord, for all that you do we give you thanks
and praise, amen.
Item 4: Adoption of Agenda
De Weerd: Thank you. Item No. 4 is adoption of the agenda.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: We are going to add a nine -- a new No. 9, which will be an Executive Session
pursuant to Idaho State Code 74-206(1)(f) and with that addition I move we adopt the
amended agenda.
Milam: Second.
De Weerd: I have a motion and a second to adopt the agenda as amended. All those in
favor say aye. All ayes.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
Item 5: Announcements
De Weerd: Under announcements, Council, I just have a couple. Remind you about
Friday Movie Night this Friday, the 16th. It starts at dusk. Main Street Market still going
strong on Saturdays from 9:00 to 2:00 and there is a unique opportunity to go and view a
Tabernacle of Moses at Scentsy through the 24th. It goes from 4:00 to 8:40 each night
and if you want more information you can -- I think we have some in the office that we
can help provide. With that any further announcements?
Item 6: Future Meeting Topics - Public Forum (Up to 30 Minutes Maximum)
De Weerd: Okay. Item 6. Mr. Clerk, any citizens signed up under this item?
Johnson: Madam Mayor, there were no sign-ins when I last checked. I am double-
checking right now. I apologize. There are still no sign-ins.
Item 7: Action Items
A. Resolution No. 19-2161: A Resolution Appointing Ginni
(Virginia) Hale to Seat 3 of the Meridian Arts Commission
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De Weerd: Okay. Thank you. Item 7 is Action Items. So, 7-A Resolution 19-2161 and
this is a resolution appointing Ginni Hale to Seat 3 of the Meridian Arts Commission and,
Council, you do have Ginni's information in front of you. I would entertain any questions.
If not I would entertain a motion.
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: I move that we approve Resolution No. 19-2161 appointing Ginni Hale to Seat 3
of the Meridian Arts Commission.
Little Roberts: Second.
De Weerd: I have a motion and a second to approve Item 7-A. if there is no discussion,
Mr. Clerk, will you call roll.
Roll call: Borton, yea; Milam, yea; Cavener, absent; Palmer, yea; Little Roberts, yea;
Bernt, yea.
De Weerd: All ayes. Motion carried. Thank you.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
B. Final Plat for Burlingame No. 1 (H-2019-0080) by Engineering
Solutions, LLP, Located at 1923 N. Black Cat Rd.
De Weerd: Item 7-B is a final plat for H-2019-0080. I will turn this over to Kevin for his
comments.
Holmes: Thank you, Madam Mayor, Members of Council. This item is the Burlingame
No. 1 final plat. The site consists of 31 building lots on 8.96 acres of land, zoned R-8,
located at 1923 North Black Cat Road. This is the northwest corner of Black Cat and
Cherry Lane. This property has received annexation and preliminary plat approval and
entered into a development agreement in 2018 . The reason this final plat application is
before you and not on the Consent Agenda is the applicant had some concerns with
Public Works site specific conditions two and three of the staff report. So, specifically
condition two requires the applicant to extend the water main to Turnberry Subdivision
No. 2 in the north. So, up here along North O'Conner Ave. and with this phase of
development, as there is insufficient water pressure at the end of the street, so rather
than making this water main connection with this phase, the applicant has proposed to
remove the northern most three lots, Lots 19, 20, 21. You can see the change over here
between the two plats. The service would solve the water pressure issue and staff is in
support of this change. Public Works site specific condition number three. The applicant
actually correctly identified that this condition is not applicable. We originally thought that
this would be a dead end, but it turns out this main sewer line will extend in the future .
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So, it's no longer applicable. The applicant has proposed to remove it and staff is in
agreement with that. Overall this final plat substantially complies with the approved
preliminary plat and staff is recommending approval with these changes. So, the removal
of Public Works site condition number three and the revision of condition two and all other
conditions listed in the staff report. And with that staff will stand for any questions.
De Weerd: Thank you, Kevin. Warren, any -- any comments?
Stewart: Madam Mayor, Members of the Council, no. It was correctly identified that we
have reviewed the proposed changes and -- and done the modeling and we are in support
of that.
De Weerd: Thank you. And you should thank Kevin for presenting for you.
Stewart: Thank you, Kevin.
De Weerd: Council, any questions for staff? Okay. Does the applicant have any
comment? Okay. Council, any further information needed?
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: If not, I move that we approve the final plat H-2019-0080 with the modified site
specific condition number two and the removal of site specific condition number three
and, then, inclusive of all of their conditions listed in the staff report as presented.
Little Roberts: Second.
De Weerd: Okay. I have a motion and a second to approve as -- with stipulations as read
into the record. Any comments?
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: I'm just not sure -- I'm just kidding. Sorry, Becky. I was going to bring you up
here.
De Weerd: Okay. Mr. Clerk, will you call roll.
Roll call: Borton, yea; Milam, yea; Cavener, absent; Palmer, yea; Little Roberts, yea;
Bernt, yea.
De Weerd: All ayes. Motion carried.
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MOTION CARRIED: FIVE AYES. ONE ABSENT.
C. Final Plat Continued from July 16, 2019 for Cherry Blossom
(H-2019-0064) by Doug Jayo, Jayo Land Development Company,
LLC ., Located at 615 W. Cherry Ln.
De Weerd: Item 7-C, the applicant has requested a continuance to the 27th of August in
order to address issues with an existing irrigation ditch, their encroachments, and to allow
for the redesign and required access easements after the final plat review. Any question?
If not, I would -- anything further from staff? Other than that, I would entertain a motion
to continue.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: Move we continue Item H-2019-0064 to August the 27th, 2019.
Milam: Second.
De Weerd: I have a motion and a second to continue Item 7-C, H-2019-0064 to August
27th. All those in favor say aye. Any opposed? Okay. All ayes. I didn't think I heard
everyone.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
D. Public Hearing for Rackham Subdivision (H-2019-0081) by
BVABC Eagle View, LLC, Located at 1020 S. Eagle Rd.
1. Request: Modification to the Development Agreement to
update the conceptual development plan and phasing plan
De Weerd: Okay. Item 7-D is a public hearing on H-2019-0081. I will open this public
hearing and before I turn it over to staff is there anyone who hasn't been here at City
Council before tonight? Okay. I will explain our process for our public hearings. We first
start with staff comments and, then, the applicant will come forward and add any
information about their application . They have up to 15 minutes to do so. Then we will
open the public hearing, our public comment period. The public has three minutes to
testify. There is a timer on the front podium on the computer screen and after public
testimony has concluded the applicant has an opportunity to come and summarize ,
answer any questions that came up during testimony and answer any questions that the
Council has and I would remind the audience that Council does have an extensive public
document that is available on our website, so you can see everything they have to make
a decision on and we have received agency comments as well. So, with that I will turn
this over to Sonya and thank you for being here tonight.
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Allen: Thank you, Madam Mayor.
De Weerd: I think you have been gone for a little while.
Allen: I have.
De Weerd: Welcome back.
Allen: It's been a while. Thank you. The next application before you is a request for a
development agreement modification. This site consists of 51.59 acres of land. It's zoned
C-G and is located at 1020 South Eagle Road, east of South Eagle Road on the south
side of I-84. This property was annexed back in 1995 and a development agreement was
approved earlier this year. The Comprehensive Plan future land use map designation is
mixed use regional. An amendment to the recently approved development agreement is
proposed to update the phasing plan depicted on the concept development plan and
amendment -- related provisions of the agreement. The plan here in your upper left-hand
corner is the existing concept plan and phasing plan and the one in the lower right is the
applicant proposed concept plan and phasing plan. The amendment to the concept plan
and phasing plan is needed because the existing plan depicts a phasing plan that is no
longer feasible for the applicant. Because the phasing plan was recently approved with
the preliminary plat that is consistent with the developer's timelines, staff is of the opinion
it isn't necessary to also include a phasing plan in the development agreement .
Therefore, staff is recommending the phasing plan is removed from the concept plan
included in the development agreement as shown before you and phasing of the p roject
occur consistent with that approved with the preliminary plat . This will assistant in
avoiding further future amendments to the development agreement for phasing reasons.
Written testimony has been received from the applicant Geoffrey Wardle. He is in
agreement with the staff report and staff is recommending approval . Staff will stand for
questions.
De Weerd: Thank you. Council, any questions?
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: One question, but it might be just kind of a primer for Geoff if he is coming up
here was what's the purpose generally of having a phasing plan in the DA ? Does it
provide some certainty that if adhered to that by removing it from the DA creates some
flexibility, but --
Allen: Madam Mayor, Councilman Borton, it does create more flexibility. Typically
phasing plans aren't included in development agreements. They are usually associated
with a preliminary plat. That's why staff recommended that we just stick with that. Where
this is a commercial site and it doesn't require a subdivision, you know, it can -- it can go
forward as it -- as it will. We don't necessarily need those parameters on it, so --
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Borton: Madam Mayor?
De Weerd: I think you usually see phasing plans in residential.
Allen: They are associated with the preliminary plat. Yeah.
Borton: Madam Mayor? Are they also in the DA, though, commonly in the residential?
Allen: Not directly, but indirectly they are included in the staff report that's attached to the
development agreement, so --
Borton: It creates a distinction. That's kind of a good answer.
De Weerd: Okay. Any further questions or comments? Would the applicant like to
comment? Good evening. If you will, please, state your name and address for the record.
Wardle: Madam Mayor, Members of Council, my name is Geoffrey Wardle of Clark
Wardle. Our address is 251 East Front in Boise. We are here in agreement with this and
to -- to answer Council Member Borton's question, remember the unique thing about this
site was it was annexed without a development agreement in 1995. So, as we came
forward with our development application the first requirement that was indicated by the
city was that we needed to put a development agreement in place . The development
agreement -- we were here this spring and got the development agreement approved, but
we were also processing the preliminary plat and the reason that we bifurcated that was
so that we could continue work and moving forward with the CZC for the Idaho Central
Credit Union headquarters building. So, we could have put all those together, but it's the
desire to move forward with ICCU. So, now that the preliminary plat has been approved
we are here with you tonight to ask that the development agreement be modified to reflect
those changes. And to Sonya's point, the reason that we are asking for this isn't so much
infeasibility, it's that we catch up with the design. We know where we are going to put
utilities. We know when we are going to do the utilities. So, it really becomes an issue
of if we are going to do that and do the preliminary plat , then, the phasing plan becomes
less of an issue. We provided a phasing plan at the request of your staff because there
was concern about what would be the timing for these applications , because it's an
entitled 51 acre site and when would be -- we would be doing things. So, at this point we
are just here to request that this be modified solely to permit us to conform it to the
preliminary plat and let us go forward with -- with the project. We have applications in for
review right now and we are on the verge of coming in with the second and shor tly
thereafter third commercial office building to reflect the fact that this is a location where,
you know, we can build the type of employment center that was envisioned and that it has
a lot of interest because of the number of companies that have their employment base
here in Meridian and want to be closer to where their employees are. So, that's the long
story. Yes, we agree that it was a convoluted process. Yes, I agree that I really didn't
need to come see you guys four times over the course of the last three and a half months,
but it's always a pleasure, so -- any other questions?
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De Weerd: Thank you. Council, any other questions?
Wardle: Thank you.
De Weerd: Thank you. Mr. Clerk, do we have someone signed up to testify?
Johnson: Madam Mayor, there are two names signed in to testify. One is the applicant.
The other is Alicia Eastman.
De Weerd: Welcome, Alicia.
Eastman: Thank you.
De Weerd: If you will, please, state your name and address for the record.
Eastman: My name is Alicia Eastman and I live at 1485 South Rolling Hill. It's the second
house from Overland Road.
De Weerd: Thank you.
Eastman: I want to say that I have been living there since 1989 and that property has
been in our family since 1973 when my father-in-law bought it. I feel that I live on a
residential street and I like living there. I -- I feel that it -- I want to be in a residential area.
Our street is not made for development, for more traffic, and I feel like if they improve the
street to do that we would just increase the traffic. I'm concerned about developing at the
end of the street, because it's just going to bring more traffic down the street. How will
they do that construction? What's going to happen? And I like where I live. I like the
location. I like that it's paid for. I can -- I have water and sewer. I have absolutely no
desire to ever connect to -- or annex to the City of Meridian and connect to city sewer and
city water. But I feel like I'm being encroached -- that people are -- that this development
wants to come around and kind of take over and I think that maybe the only solution I will
have is in 15 years when it just happens that I will have to develop my own property, which
I don't want to do, I just want to live there. Anymore improvements to the road also would
-- I think would -- like I said, increase the traffic and if they widen the roads to
accommodate for more traffic it would just take my front yard and I don't want that traffic
going by my door. So, I don't know what that solution is, but I just want you to know that
I like where I live and I have no desire to annex. This is a change for me. I can -- I can
afford to live there, because I don't pay sewer, I don't pay water and I can manage on my
income. Thank you.
De Weerd: Thank you. Council, any questions? This is a public hearing. Is there anyone
who would like to provide testimony? Yes.
Bernt: Long time no see, Denise.
LaFever. Mayor and Council. Yeah. I have been gone for a bit.
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De Weerd: Good evening.
LaFever: My name is Denise LaFever. 6706 North Salvia Way, Meridian, Idaho. I'm not
opposed to this development or what the conceptual is being developed here . There is
no issues there that way. I am, however, opposed to the MDA change, which I don't feel
is in the best interest of the residents or the city for the following reasons: I share some
of those same concerns that Joe has, because of the process and the procedure this
application has gone through, completely removing the phasing plan and not having it in
the staff report or anywhere else, because of the way this one's gone through may set a
bad precedence and eliminate phasing plans altogether. So, I would like to see them
have a phasing plan of some sort, so we know when it will be developed. I am opposed
to changing to a ground lease for sustainability in the future of Meridian. Decoupling of
ownership rights of land and building causes issues for the future -- for the future of
Meridian. The old location where Nampa -- I mean in Nampa where Macy's was at on
Garrity Boulevard has had issues selling, because the building and the ground lease are
separated. There is a ground lease. There is a building. That's caused issues with selling
and -- and moving that property to redevelop. As a past CFO and representing a company
that had this very issue with a building that sat on a ground lease, it restricts the number
of interested buyers. It also causes issues in the desire to put large dollar amounts and
remodels. Last thing and finally at this point not having a conceptual plan is just not good
policy. I think at this point we should be talking about a final plat . Overall, like I said, I
think this is really great for the community. It's a great employment opportunity. I would
just like to see us really stick to some policies and have some procedures that are fair
and consistent.
De Weerd: Okay. Council, any questions? Thank you. Is there any -- yes, sir. Thank
you for joining us. If you will, please, state your name and address for the record.
Fitzgerald: Madam Mayor, Council, my name is John Fitzgerald. I live at 1285 South
Rolling Hill. I am up the hill in the -- kind of the impacted area a little bit or just south of it
and my concern here is kind of what we had spoken about many times before addressing
you and that is that BVA , in my opinion, is very shifty. They have -- things have changed
a bunch and as a resident of that street, who has offered to sell to them ultimately because
of the amount of contracts that they have delivered onto our street, it is -- it's just not been
what they have said and so our concerns from the very beginning were that we wouldn't
be taken care, that they would ignore us, that big business would come in and that they
would have their way and seeing this today and just the interaction that we have had with
BVA I think substantiates that. I -- they just -- they do not -- honestly, they are -- they
are not in communication with most of the people on our street that they have offered
contracts to. Geoff has signed many of them and that's left people wondering what to do,
what -- what's going to happen. So, I would just ask that if -- if they are going to come
into Meridian and do this type of development that they would treat us in kind the way that
they are treating you, because we are the ones that are impacted the most by it. We live
there and if we are going to stay -- and I don't know if we are or not. My house is up for
rent. Possibly for sale. But it's a mess. Our street is a war zone. It's a disaster. There
is commercial signs. There is houses that need to be condemned. There is houses that
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are in great shape. But we are -- we are just being ignored and so I'm -- I'm left with
wondering what will happen. Has my property been completely -- is it just shot? Does it
have no value? Will it have value in the future? I realize that this is all part of what
happens in a growing city, but I would appreciate it if you would request that businesses,
as they come into this town and change things, that they treat those that are impacted
with some type of -- just respect and courtesy to help protect us, because while we don't
necessarily object to this, we think it's a beautiful development, we need to do something
with our properties and it's not being addressed . Calls to them get ignored. Texts get
ignored or they get returned with answers that are not answers. People are getting
pushed further and further out on what's happening and it just leaves our street in chaos.
We used to be a very very close street. I know my neighbors very very well and it's -- it's
just a mess. People don't like each other anymore, because they don't know what's
happening. Greed has entered our street. We need some type of governing body to just
say, hey, do what you said you would do on that street . Take care of those people. And
it's -- it's just really important. It's a mess.
De Weerd: Can you put up the other map, so Mr. Fitzgerald can show us where he lives
and -- and what street we are talking about.
Fitzgerald: Rolling Hill is the street that is adjacent to the farmstead. It runs -- it runs
north-south about -- bordering the east side of Rackham.
De Weerd: And you have contractors that are going through that street?
Fitzgerald: BVA. BVA has offered contracts to many of the people that are adjacent to
the old farmstead or the development that they -- that they have. Myself included.
However, they have yet to not only execute on those, they have got to sign many of those,
mine included, and it's been a long time and so people have no idea what's happening .
Communication has gotten difficult and shifty and so we have got a lot of homes that are
in complete disrepair. We have got neighbors that don't know what they are doing. We
have got a company that isn't being true to their word. And so why I bring that up is
because as his development changes and phasing goes away, while that used to be
phase four, is that going to be phase two? Is it going to be phase one? I mean I don't
know what is reality anymore and so what's my timing for trying to get out of there and
feed my kids as we go to the next spot. I mean how -- how much time do we have? Or
do we have forever? Do we have until next spring? Some type of answer from BVA slash
Brighton would be wonderful.
De Weerd: And -- and the contract is -- is for what?
Fitzgerald: Purchasing the properties on that street. So, purchasing the -- the residences
on that street. So, what they -- what they are proposing to do is to extend their purchase
along the freeway and the southern side of the farmstead all the way over to about the
canal and so they would just gobble up that whole section.
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De Weerd: So, it's not a contract for access. I thought you were talking about the road
again.
Fitzgerald: No. It's just -- it's just me standing in front of you asking for them to be
neighborly and to be people of their word and to deal with the people on the street now,
instead of keeping them all hanging in the balance and nobody knowing what's -- what's
happening. We really our a close street and there has been a lot of runaway freight trains
on pricing, because that's, of course, what greed does. But we -- nobody has any answers
there. It's all up and down. Things are changing all the time. Things are changing with
you and so I'm here thinking what are they doing next and it's just not okay for us to not
have any idea what the future of that street is . We really don't know. My house is up for
rent and I can't tell him what it will be like next spring, because I don't know if they are
going to wipe out everything north of me and -- and execute on all those contracts,
because they have yet to do it. I don't know if my house will be included in that purchase.
So, we just don't know.
De Weerd: And which is your house?
Fitzgerald: I am 1285. So, I am two south of the --
De Weerd: You can use the -- the mouse or the -- yeah.
Fitzgerald: Right there.
De Weerd: Okay.
Fitzgerald: So, they are -- they are working to purchase everything here. They have got
this under contract. They have got -- this one is under contract and will be the easement
to get the final access to get in here and, then, they have executed a couple of contracts
around here, but everybody has been delivered contracts from them they have yet to --
to execute and so we have got homes that are on -- they are just a mess. So, I -- all I --
what I'm asking for is some type of clarity from BVA, where it -- they offered me a contract
and now they are backing out of or at least appear to be and so we are -- we are all in
flux. We don't know what -- what they are doing and so it leaves us in a -- in a very difficult
situation to understand what to do moving forward as a neighborhood and as people that
need to sell our properties or rent our properties or whatever the next step is.
De Weerd: Thank you. Council, any questions? Thank you, Mr. Fitzgerald. Any further
testimony? Okay. Mr. Wardle, you want to make remarks.
Wardle: Madam Mayor, Members of Council, Geoffrey Wardle, counsel for the BVA
Development and I recognize the First Amendment rights in the United States. Recognize
a -- a civil forum waiver against libel, slander, and defamation, but I am a little troubled by
the characterization of the testimony you just heard from Mr. Fitzgerald. First of all, yes,
BVA has entered into contracts. BVA has been negotiating with some of those property
owners. BVA has acquired the Stockdale property. Why have we done that? Because
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property owners came to us and we are doing an assemblage there, but it has nothing to
do with this application. Second of all, I take significant umbrage at the characterization
of my client being shifty. In fact, Mr. Todd Peterson, BVA 's vice-president of development,
has been in Mr. Fitzgerald's home multiple times. Has met with Mr. Fitzgerald. We have
put various properties that are under contract. Why? Because we recognize what the
comprehensive plan envisions, that this needs to be a mixed-use node. There needs to
be an additional higher density residential up against the freeway. But that's a discussion
for another day and so -- so, it's not appropriate to stand up and claim that we are being
shifty. What are we doing? We have asked to modify a development agreement to
change the phasing plan that you approve d a month ago as part of the preliminary plat.
So, with respect to Ms. LaFever's testimony, it's not that you're getting rid of a phasing
plan, your removing a phasing plan from a development agreement that was incorporated
in your conditions and findings on the preliminary plat . We would love to be here in front
of you just as soon as we can on the issue of a preliminary -- a final plat. But why can't
you? Well, as you know, once you have approved the preliminary plat, we have to go
engineer and install the utilities, the public roadways, those things and, then, we will come
back to you. Second, with respect to Ms. LaFever's comments, whether or not this
property is developed with for sale product or with ground leases is irrelevant. That's not
a consideration for the City Council. It's not a consideration of the Local Land Use
Planning Act. Why are we inclined to do some of these via ground lease? Well, we are
inclined to do some of them via ground lease because that is what potential tenants want
to do. Also why are we doing some of these under ground lease? We are doing them
because that was the means by which we could move forward with an employer that
wants to have 150,000 square feet of space in this city for its employees. That was the
sole reason that we went forward. We have been very open about what we have done.
As a matter of fact, we have been far more open than we were absolutely required to
under your code or anything else, because we have identified the fact that we can proceed
with ground leases with some of these users. That's what they want. So, that has nothing
to do with the issue that's in front of you . It is -- it's disconcerting when citizens
misunderstand the nature of applications and we recognized that for the layman it can be
confusing, it can be fearful, but we were required to go get emergency secondary access
onto Rolling Hills. We did that, because when we were here in front of you at the
development -- when we first did this development agreement, the neighbors were upset
and concerned that we weren't adequately addressing that. So, went and acquired Mr.
Stockdale's property. Acquired his property shortly after we did the development
agreement for that. At that point other owners have come and visited with us, but this is
putting the cart before the horse and I apologize that Mr. Fitzgerald feels mistreated in
this process --
De Weerd: Mr. Wardle, I don't think you need to go any further.
Wardle: Okay. But that property is not subject to annexation, it's not subject at this time
-- it's not in the city. It's not part of this preliminary plat. So, let's not lose sight of that and
it is just -- it is all about conforming this development agreement to the preliminary plat
and we ask your unanimous support and approval of that. Thank you.
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August 13, 2019
Page 13 of 16
De Weerd: Okay. Council, any questions? Thank you.
Wardle: Thank you.
De Weerd: Okay. Council, any further information needed before you close the public
hearing? Okay.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: Move we close the public hearing on Item 7-D, H-2019-0081.
Palmer: Second.
De Weerd: I have a motion and a second to close the public hearing on Item 7 -D. All
those in favor say aye. All ayes.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: There has been some good discussion on what the application is and what it isn't
today, describing the purpose of this limited request. So, it's a request that, along with
staff, I'm supportive of as well.
De Weerd: Okay.
Borton: Unless there is any other discussion.
De Weerd: I don't see any.
Borton: I will make a motion and we will see. Madam Mayor, move we approve Item 7-
D, H-2019-0081, consistent with the staff report of August 13th, 2019.
Palmer: Second.
De Weerd: I have a motion and a second to approve Item 7-D. Is there any discussion?
Mr. Clerk, will you call roll.
Roll call: Borton, yea; Milam, yea; Cavener, absent; Palmer, yea; Little Roberts, yea;
Bernt, yea.
De Weerd: All ayes. Motion carried.
Meridian City Council Meeting Agenda August 27, 2019 – Page 38 of 403
Meridian City Council
August 13, 2019
Page 14 of 16
MOTION CARRIED: FIVE AYES. ONE ABSENT.
Item 8: Ordinances
A. Ordinance No. 19-1838: Amending Meridian City Code Section
6-3-8(D)(2), Regarding False Alarm Fees; Adopting a Savings
Clause; and Providing an Effective Date.
De Weerd: Item 8-A is Ordinance 19-1838. Mr. Clerk, will you, please, read this by title
only.
Johnson: Thank you, Madam Mayor. An ordinance amending Meridian City Code
Section 3-6 -- sorry. Section 6-3-8(D)(2) regarding false alarm fees, adopting a savings
clause and providing an effective date.
De Weerd: Okay. You have heard this ordinance read by title. Is there anyone who
would like to hear it read in its entirety? Thank you for that. Council, do I have a motion?
Little Roberts: Madam Mayor?
De Weerd: Mrs. Little Roberts.
Little Roberts: Madam Mayor, I move that we approve Ordinance 19 -1838 amending
Meridian City Code, to -- regarding false fire alarm fees and adopting the savings clause.
Borton: Second.
De Weerd: I have a motion and a second to approve Item 8-A. If there is no discussion,
Mr. Clerk, will you call roll.
Roll call: Borton, yea; Milam, yea; Cavener, absent; Palmer, yea; Little Roberts, yea;
Bernt, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
Item 9: Future Meeting Topics
De Weerd: Any item under nine?
Item 10: [Amended on to Agenda] Executive Session per Idaho State Code 74-
206(1)(f) To communicate with legal counsel for the public agency to
discuss the legal ramifications of and legal options for pending
litigation, or controversies not yet being litigated but imminently likely
Meridian City Council Meeting Agenda August 27, 2019 – Page 39 of 403
Meridian City Council
August 13, 2019
Page 15 of 16
to be litigated
De Weerd: If not, we did add an item to the end of our agenda for Executive Session. I
would entertain a motion to adjourn into Executive Session.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: Move we go into Executive Session pursuant to Idaho State Code 74 -206(1)(f).
Milam: Second.
De Weerd: I have a motion and a second to adjourn into Executive Session. Mr. Clerk,
will you call roll.
Roll call: Borton, yea; Milam, yea; Cavener, absent; Palmer, yea; Little Roberts, yea;
Bernt, yea.
EXECUTIVE SESSION: (6:40 p.m. to 7:11 p.m.)
De Weerd: Okay.
Palmer: Madam Mayor?
De Weerd: Yes.
Palmer: I move we come out of Executive Session.
Little Roberts: Second.
De Weerd: I have a motion and a second to come out of Executive Session. All those in
favor say aye.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
De Weerd: Okay.
Palmer: Madam Mayor?
De Weerd: Mr. Palmer.
Palmer: I move we adjourn.
Milam: Second.
Meridian City Council Meeting Agenda August 27, 2019 – Page 40 of 403
Meridian City Council
August 13, 2019
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De Weerd: I have a motion and a second to adjourn. All those in favor? All ayes.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
MEETING ADJOURNED AT 7:11 P.M.
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