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HomeMy WebLinkAbout2005 02-08 Meridian Citv Council Meetina Februarv 8. 2005. The regular meeting of the Meridian City Council was called to order at 7:00 P.M., Tuesday, February 8, 2005, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Keith Bird, Shaun Wardle, Christine Donnell, and Charlie Rountree. Others Present: Bill Nary, Will Berg, Tara Green, Brad Watson, John Overton, Brad Hawkins-Clark, Kenny Bowers, Doug Strong, Stacy Kilchenmann, Elroy Huff, Steve Siddoway, and Dean Willis. Item 1: Roll-call Attendance: Roll call. ~ Shaun Wardle -LChristine Donnell ~ Charlie Rountree -X....-Keith Bird --L.. Mayor Tammy de Weerd De Weerd: I will go ahead and open the regular City Council meeting. It is February 8th. It is 7:00 o'clock and I'd like to welcome you all here with us tonight. I will start the meeting with roll call attendance. Mr. Berg. Item 2: Pledge of Allegiance: De Weerd: Thank you. If you all will join us in the pledge of allegiance. Mr. Berg will lead us. (Pledge of Allegiance recited.) Item 3: Community Invocation by Joe Anderson, with Cole Community Church: De Weerd: Thank you. And, again, thank you for joining us. Item No.3 is our Community Invocation. Please join us at this time in the community invocation or take this opportunity for a moment of silence. With us to lead us inthis item is Joe Anderson and he's from Cole Community Church. Welcome, Joe. Anderson: Let's bow our heads. Psalm 34:1-8: I will extol the Lord at all times. His praise will always be on my lips. My soul will boast in the Lord. Let the afflicted hear and rejoice. Glorify the Lord with me and let us exalt his name together. I sought the Lord and he answered me. He delivered me from all my fears. Those who look to him are radiant. Their faces are never covered with shame. This poor man called and the Lord heard him. He saved him out of all his troubles. The angel of the Lord encamps around those who fear him and he delivers them. Taste and see that the Lord is good. Blessed is the man who takes refuge in him. As we assemble here today may our Meridian City Councii February 8. 2005 Page 2 of 23 thoughts, words, and actions be pleasing to you. May you give our Mayor de Weerd, Council-members, and other city leaders wisdom as they plan for our good. May you stretch out your hand of protection and comfort to our law enforcement and emergency response personnel? Bless them and their families and may you watch over our military men and women at home and abroad who fight for our freedom on our behalf. Thank you for their sacrifice. Lord, this world may bring conflict, stress, and challenges, which at times seem to overtake us, but you say in John 16:33: I have told you these things, so that in me you may have peace. In this world you will have trouble, but take heart, I have overcome the world. Amen. Item 4: Adoption of the Agenda: De Weerd: Thank you, Joe. Appreciate that. Item 4 is adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: We do have some deletions and additions. On the Consent Agenda, which I'll also go through with the Consent Agenda, Item E needs to be tabled to 2/15/05 at the request -- per the request of Captain Overton. The resolution numbers on those is 05- 459 and 05-460. On Department Reports, under Item C, Planning and Zoning Department, Mr. Siddoway has asked that we -- he as Item No.2, Western Heritage. And on the regular agenda, the ordinance numbers are 05-1131 on Item 11 and 05- 1132 on Item No. 12. And with that I'd move we approve the revised agenda. Rountree: Second. De Weerd: Okay. The motion is to approve Item 4, the adoption of the Agenda. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda: A. Findings of Fact and Conclusions of Law for Approval: VAR 04-008 Request for a Variance for off-site parking along N. 3rd Street for Holv Trinitv Charismatic Episcopal Church by Holy Trinity Charismatic Episcopal Church - 237 East State Street: B. Streetliaht Aareement for Saaeland Subdivision: C. Assessment Aareement for Boise Meridian RV Resort: D. Water Service Easement for Brent E. Borchers in regards to Locust Grove Utility Improvements: Meridian City Councii February 8.2005 Page 3 of 23 J. E. Approve Liauor License for Eddv's - 501 South Main Street: F. Black Cat Trunk Sewer and Lift Station Proiect Addendum No. ~: G. Award of Bid for Centrate Eaualization Proiect to RSCI: H. Resolution No. 05.459 : Approving Addendum No.2 to an Agreement by and between the City of Boise City (Legal Department) and the City of Meridian to Extend Prosecutorial and Police Leaal Advisor Services to Meridian: I. Resolution No. 05.460 Adopting Doa Adoption Policv as part of the City of Meridian Police Department Policy and Procedures Manual: Black Cat Trunk and Lift Station: K. North Siouah Sewer Trunk: L. Centrate Basin Construction: M. Water and Sewer Rate Increase Effective March 20. 2005: N. Storev Park Phase II Construction Chanae Order No.1 for Irriaation Line: Storev Park Phase II Construction Chanae Order No.2 for Irriaation Pump: O. P. Storev Park Phase II Construction Chanae Order No.3 for removal of irriaation line: De Weerd: No.5 is the Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: As I said, we need to table Item E on the Consent Agenda to 2/15/05, as per Captain Overton's request. H is Resolution No. 05-459. I is Resolution No. 05-460. And with that I'd move we approve the Consent Agenda and for the Mayor to sign and the Clerk to attest on all proper papers. Rountree: Second. Meridian City Council February 8. 2005 Page 4 of 23 De Weerd: Thank you. It's been moved to approve the Consent Agenda as amended. If there is no further discussion, Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 6: Department Reports A. Finance Department - Stacy Kilchenmann 1. Pavoff of existina Latecomer Aareements: De Weerd: Thank you. Item 6 are the Department Reports. We start with Item A, Stacy with the Finance Department. Kilchenmann: Okay. I'm here this evening representing the combined partnership of Brad Watson and myself as pertains to paying off the existing latecomers agreements. As you know, you approved a new assessment fee schedule and in that assessment fee it includes a portion for reimbursement payments to developers when they put in oversize lines. Well, we currently have -- well, we have 34 existing latecomers agreements, all with various fee schedules and the problem is is that we are charging the assessment and charging the latecomer fee, we are charging the person twice for the same thing and this -- it would become extremely tedious to keep track of all this. So, what we are proposing to do is that we go ahead and we payoff our existing latecomers fees -- or agreements, which is about 2.5 million. We have a fund that's called Fund 62, it's called latecomer fund, that's money that we have been collecting as an administration fee for some time. It's got almost 4.5 million dollars in it. So, we propose to use half of that to payoff the existing agreements, then, we would still have 2.5 million as seed money that we will add that reimbursement portion to. So, in the future when we collect an assessment fee, we will separate the part that's a reimbursement fund accounting-wise, so that we know how much we have collected and where we are at and so forth. So, are there any questions for Brad or myself? Bird: Madam Mayor? De Weerd: No. Just probably an hallelujah over this. Bird: First, yeah, hallelujah. This is the latecomers; right? Kilchenmann: Correct. Bird: And no more; right? Brad? No more? Meridian City CouncH February 8, 2005 Page 5 of 23 Watson: Madam Mayor, Council-members, Councilman Bird, there will be no latecomers agreements. There will be another form of agreement in place to address these reimbursements for off-size and over-size lines. Bird: But no latecomers? Watson: Correct. Bird: Good. I'm for it a hundred percent. Thank you, guys, for working and doing it. De Weerd: Thank you. Any further questions? Or comments? Bird: Let's just do it. Kilchenmann: That will appear on that -- with the budget amendment. We will add this item on there. De Weerd: Okay. Thank you, Stacy. Appreciate all the work. It wasn't an easy task I'm sure. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: Would you like a motion to approve that? De Weerd: Yes, please. Bird: So moved. Rountree: Second. De Weerd: Okay. It was so moved to approve the payoff of existing latecomers agreements. All those -- oh, let's do roll call. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. B. Attorney - Bill Nary 1. Discussion of Vicious Doa Ordinance: De Weerd: Okay. Item B is our city attomey. Meridian City Council February 8, 2005 Page 6 of 23 Nary: Madam Mayor, Members of the Council, the Mayor very subtly mentioned last week that we didn't have a vicious dog ordinance yet, so before you I have a draft ordinance to hopefully address some of the issues that have been raised about loose dogs in the street biting children, adults, and other animals. Our current ordinance doesn't really go very far to be able to address that problem. Predominately our animal control officers and police have to deal with that problem through our dog. off leash ordinance, which isn't a very effective tool when you're talking about a dog biting someone. The only other addition in the draft that's on the website -- yesterday I realized that we probably need to have a provision to provide an exception for our K-9 animals for the police department, because they do certainly bite people in public on public property and this is where the ordinance would come into play. So, I did draft an exception for K-9s -- for the police K-9s that were acting in the course and scope of their responsibilities for law enforcement. But other than that, what this does is it creates a couple of different things that are different than what we have had before. It does create a specific ordinance to address dogs that either attack, bite, or harm other people or children. It is a misdemeanor. All of our city ordinances are misdemeanors in general anyway, it's just specifically noted in this one. The circumstances that are the most significant change is what happens after your dog bites someone in public. This doesn't address dogs biting people on private property and the reason I didn't address it in the ordinance is because that's predominately a property problem between a homeowner or a dog owner and that person that's on the private property. This is really to deal within the public area. The circumstances after your dog bites someone, they can be declared to be -- can be declared to be vicious on the first occasion that this happens. You have -- at that juncture, then, your dog can be seized. by the police department and you're required to get a special license at that point. The special license is a couple of things. One, it's a notification to the city of this particular dog being determined to be vicious and it requires the property owner to not only acquire a license, but to acquire insurance to be able to cover any injury or any damages that particular animal may have. It also requires they provide identification of the animal to the police department, to animal control officers, they have to wear that license at all times and violation of any of those provisions is also a misdemeanor. It does allow the property owner some due process afterwards and I did get an e-mail from Chief Musser -- I know he isn't here tonight. He was a little concemed, but he -- I don't know whether he got sick after I explained the reason for it, but I know he's ill. This is a circumstance that if your dog has been declared vicious, that you can request a review by the police chief and the reason the police chief is the most appropriate person to review it is because he has oversight over any animal control enforcement responsibilities anyway, so he's, essentially, charged with reviewing his employees' performance and what they - - how they have determined that that dog was vicious and that met the requirements of the ordinance. The person can request that review by the police chief. If they are unsatisfied with the police chiefs review and determination, then, they have an opportunity to appeal to you, to the Council, to again review the actions of the police chief. If the decision that the dog was vicious is upheld, they are required to acquire the license and provide all the proof that's necessary. If it's determined the dog is not vicious and the circumstances warrant that that decision should be reversed, then, they are not required to acquire a license, but they are required to pay for the maintenance of Meridian City Council February 8. 2005 Page 7 of 23 the dog while the matter is pending, so that the city isn't going to be housing these animals for free, but the reason the city is housing -- maintaining them while this is pending is because, again, we don't know how significant or vicious this animal might be and so, again, it's a public safety concern. Again, all of the violations of it would be a misdemeanor. I think it addresses most of the other issues. I did send it over to our prosecuting agency with the city of Boise to review. I did get one comment back that they thought it probably may not even go far enough, but they were comfortable, at least, that it probably addressed the concerns that we had been facing in dealing with these types of animal complaints. And, certainly, I'd like to give the police -- I don't know if Chief Musser had an opportunity to send that to either patrol or the animal control folks to review and they probably need a little bit of time to do that before you get it back in front of you and I'd like to at least give them that opportunity to do that, but if there is other questions or concerns, Council, I could certainly hopefully answer those. De Weerd: Okay. Charlie. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Yeah. That's my name. Just on a quick read, Bill, there is say a citation and a couple questions as 6-2-1 and 6-2-10. It talks about any dog, which, when unprovoked, attacks or bites another person or other domestic animal upon the streets. And I suppose that's why we have lawyers, but how are you going to determine whether or not another animal that's provoked -- a domestic animal that's provoked a dog to bite it? I mean I just may not -- it may be a stupid question, but -- Nary: Madam Mayor, Members of the Council, Councilman Rountree, thank God we do have lawyers. That is exactly right. I think they are very circumstantially driven and, obviously, there are going to be issues that may be difficult to determine that animal was vicious based on that particular incident, but we have had occasions of reports where, essentially, people are walking their animal on a leash and didn't do anything, and a dog that's basically loose and attacked that animal while they were just walking down the street. You do have at least a witness to be able to attest to that. If it was simply someone's animal in the front yard, no witnesses to it, it probably would be difficult for the animal control officers to be able to make that determination, but I think they have to be factually driven. Rountree: Okay. DeWeerd: And, in fact, that very scenario just recently happened where an on-leash dog was attacked by two dogs at large and, then, one of those dogs went around the corner and killed a small animal that was tied up outside the front yard. So, you know, we do need to get going on this and there are some dog issues. I guess as we move these ordinances in dealing with dogs forward, I would also ask that our city attorney's office look at our leash laws and enforcement in our parks and how we can best Meridian City Councii February 8, 2005 Page 8 of 23 approach those as well, because people are taking their dogs to the parks and taking them off leash. If one of the dogs were to attack a child, I think there is some liability for the city if we don't have some kind of enforcement to protect those that are also on the park. Council, any other comment? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: How long before you can bring that -- get this out to the dog control officers and the police patrol? We need the people that we are going to ask to enforce it to look at this, I believe also, like you stated, Mr. Nary, so what have we got, two weeks, three weeks before we can have it back? Nary: Madam Mayor, Members of the Council, Council-member Bird, I transmitted it to the chief last week, I can transmit it to Captain Overton or whoever else the captain wants me to send it to, as well as our animal control officers in the morning and give them about a week to give me some comments back, so you should, hopefully, see it -- see this back, if it's all okay without anymore redrafts, by the end of this month. Bird: Okay. Thank you. I'm for it. De Weerd: Mr. Nary, I guess last week we were going to change our ordinance eliminating the swearing in portion. Nary: It's Item 11. De Weerd: Oh, is it? Thank you. Nary: You'll just have to swear them in tonight, Madam Mayor. Tonight's the last night. Berg: We have to publish them. Nary: Yeah. We have to publish the ordinance and, then, it will become effective. This will be the last night you will have to do that. De Weerd: Okay. Donnell: I'm going to miss it. Nary: Madam Mayor, one more note, just -- I did bring up the issue regarding the leash issue we have had in our parks to Mr. Baird, our deputy attorney, who used to do the park work for the city of Boise. In fact, he pointed out the section they had rewritten in the Boise city code to address parks specifically and dog off leashes. So, we are going to look at that language and see if we can incorporate some of that into that and I will Meridian City Councii February 8, 2005 Page 9 of 23 make sure to share that with Mr. Strong to see how it would work with his personnel in the parks and something we might be able to bring back to you fairly shortly as well. De Weerd: Thank you so much. Okay. Item C is the Planning Department. Steve. c. Planning and Zoning Department - Steve Siddoway 1. West 8th Street Sidewalk Improvements: Siddoway: Thank you, Madam Mayor, Members of the Council. I have two items for you tonight. The first is a report on the West 8th Street sidewalk project and the second is regarding the Western Heritage Historic Byway. You should have received from me today a couple of draft letters and I will go through those with you now. The West 8th Street project is located just adjacent to Meridian Middle School, south of Cherry Lane. Last fall, Council, you may remember prioritized the requested sidewalk projects that were submitted by local citizens to ACHD. There were four projects. The top priority out of those four for the city was this project, the West 8th Street sidewalk project. ACHD went through their own prioritization project and out of 48 total applications, this one was number five, so it was ranked fairly high in their process as well and so we began looking at a way to get it funded. The original application only requested sidewalks along the east side of 8th Street. This is 8th Street here and the east side was the subject of the request of the application. Now, ACHD, through further study, determined that this was a good potential project to go for federal funds through the -- what they call the STP enhancement dollars and, as such, they have proposed to expand the project to include sidewalks on both sides, because there is, actually, a need for sidewalks on both sides today, to improve crosswalks in front of the middle school, there is -- there is a micro-path connection in this location right here that goes between West 7th and West 8th and the connection between that micro-path. and the crosswalk is not in good condition at this point. So, they would propose to correct that as well. The micro-path portion of that work is outside of ACHD's right of way. The total cost of this project overall including both sides for sidewalks, crosswalk with in- pavement flashers, and the improved micro-path connection would be 325,000 dollars, of that the local match that would be required would be a total of 25,000. ACHD has proposed to make -- to pay for 20,000 of that local match and has requested that the City of Meridian pay for 5,000 dollars of the local match to go toward the portion of this project that is outside of ACHD's right of way. I have been coordinating on this issue with President Wardle and I don't know if you want to get into any specifics tonight on how this may be funded -- Mr. Wardle, would you like -- is that appropriate tonight or-- Wardle: Sure. Siddoway: In conversations we have had I thought it might -- as a micro-path it falls under the provision of pathways and, therefore, may make some sense to be -- come from the parks department budget. I have talked today with Mr. Strong and if the City Council so chooses to support this request, they could make that a part of their budget for next year when the funds would be coming, if they are successful, and, then, it would Meridian City Councii February 8, 2005 Page100f23 be -- we would need to come up with that amount at that time. What I have done today, I provided a draft letter to -- for Council's consideration that would pledge 5,000 dollars if ACHD's application is successful. Upon further thought, I would propose that we modify that language and I have a revised copy with me that would say that the City of Meridian would come up with 20 percent of the required match up to 5,000 dollars, so that if their application is successful for a lower amount, our local match requirement would also be reduced proportionally. So, I have modified that language. I will leave that original letter here with the city clerk, Mr. Berg, for the Council's consideration. And I will take any questions on this one. De Weerd: Steve, have you considered perhaps an LID among the neighbors? Mr. Bird? Should we not do an LID for the neighbors? Bird: Oh, I'd love to see an LID, but, then, it don't affect my property. Wardle: Madam Mayor? De Weerd: Yes, Mr. Wardle. Wardle: And just for the Council's consideration, when Steve brought this to me my first reaction was -- was to look at it as a funding mechanism and certainly the highway district has jurisdiction and is charged with providing these -- these areas and spaces and what Steve went back and found out is that, really, what we are doing -- really what they are doing is they are asking the city to help them with an off-site improvement, which will include shoring up some easements for that piece and really providing a safe pathway for the -- really, for the students to get to the junior high there -- the middle school. And so I asked him to bring it before the Council for consideration. De Weerd: Thank you. Council, any discussion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Yeah. I think that when we discussed this earlier, I believe we discussed it earlier -- an LID was brought up. I have no problem with an LID, but we need to do a much better job on our end of collecting -- collecting it. There is some ones from a city LID down here that haven't been collected in 20 years, so why do one if you're not going to collect the money. De Weerd: That wasn't me. I wasn't alive then. Bird: I wasn't either. Rountree: Oh, really? Meridian City Council February 8, 2005 Page11 0123 Siddoway: Madam Mayor? De Weerd: Yes, Steve. Siddoway: I'll also just submit to you if we do choose to go after the LID, as opposed to city funding, we will need to pull it from the request for this year, work out the LID first, and, then, make it part of next year's request. De Weerd: Thank you. Yes. No. I was kidding, just because Mr. Bird lives on that street. Siddoway: Okay. In regards to timing, ACHD has already submitted their enhancement application to Compass for these funds. The regional transportation advisory committee is meeting next Wednesday, a week from, tomorrow, on February 16th, to prioritize all the enhancement projects. I would just need to have the support from the city one way or the other solidified by then for that prioritization process. De Weerd: Okay. Well, we could have a motion tonight and ask Council to sign, that would be -- Siddoway: That would be great. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: With that, I'll move that we support the revised letter to ACHD supporting the West 8th Street sidewalk and their match of a grant of 20 percent of the local match up to 5,000 dollars. Donnell: Second. Bird: Second. De Weerd: Okay. The motion is to approve the request to provide the match of 5,000 dollars. I guess, Doug, do we need this in blood that it will be part of your budget? Already approved? Okay. Mr. Berg, since this is committing funds, I'd rather take a roll call. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. 2. Western Heritage Historic Byway: De Weerd: Thank you. Okay. Next item. Meridian City Council February 8, 2005 Page 12 0123 Siddoway: Our next item is regarding the Western Heritage Historic Byway. The Western Heritage Foundation has completed their corridor management plan, which many of you may have seen. I have a copy with me if any of you haven't seen it I can leave it. But this was adopted in September of 2004. I'm told that the City of Meridian supported their efforts to go for state byway status, which was granted last year and they were successful. We now have an historic byway that begins -- the top line is Interstate 84. Interstate 84. This is the Meridian Road interchange and, then, it goes down Meridian Road to Kuna and south to sites along the Snake River that picks up things such as Initial Point, the Birds of Prey area, Salvation Park, and other things, but the City of Meridian does have an important portion of this byway, because it is the gateway for them of the entire byway, as people with that destination leave the freeway. The foundation now desires to go after national scenic byway status and not just state. They currently have state status. They would eligible for more funding through a national byway designation. They have requested a letter of support for their efforts from the City of Meridian. Other agencies have already submitted letters and I have copies of letters from Governor Kempthorne, Idaho Power, BSU, Ada County, and I'm told there are five others that have already been submitted. I have provided a draft letter tonight for Council's consideration and if Council chooses to sign that letter tonight, I can deliver it on our next meeting this Thursday. Their drop dead deadline is their application is due for submittal by the 28th of this month. And I will stand for any questions. De Weerd: Thank you, Steve. Council, any questions? Bird: I have none. De Weerd: Okay. Siddoway: Do we need a motion for signature on that one as well or -- Donnell: Madam Mayor? DeWeerd: Mrs. Donnell. Donnell: I would make a motion that we would support, through our signatures and approval of City Council, the Western Heritage Historic Byway and send that support on to the Western Heritage Foundation. Wardle: Second. De Weerd: Okay. It's been moved and seconded to approve the letter before you. All those in favor say aye. All ayes. Motion carries. Rountree: Let the record show that I abstain. Meridian City Councii February 8. 2005 Page 130f23 De Weerd: Okay. It was not all ayes. Three ayes. One abstain. MOTION CARRIED: THREE AYES. ONE ABSTAIN. D. Parks and Recreation Department - Doug Strong 1. Park Issues: De Weerd: Okay. Parks Department. Strong: Thank you, Madam Mayor, Members of the Council. We had a few issues that we wanted to bring to your attention tonight that we are going to be bringing back to the Council for future action, but we wanted some preliminary discussion tonight. You see later on the agenda, the first Public Hearing for some recreation -- for recreation fees that we have had, that we have put together that are new fees, very recently we have had interest in a men's softball league that we are going to bring back to you. It's a new fee that we will bring to you in a couple weeks, along with some new fees for some summer programs that we have not had before the Council before. So, we would be bringing those back as additions or new fees for -- that will also require public hearings. In addition, in the fee category, our legal department has, in ordinance form, near final format for our park impact fees that will be brought to you soon. Nary: It's got to be published, so we have got to have two notices, so it's going to be at least three weeks. Strong: About three weeks. So, that's in the final stages to bring for action with the Council. So, we are going to bring those issues to your attention. Then, one issue that we have been working on for awhile that I know that the Mayor and I have talked about, is the Kiwanis park and the partnership we have with Kiwanis trying to finalize an agreement with the Kiwanis and proceed to get that park built and at least green. I'm the invited speaker on Thursday this week at Daybreaker Kiwanis and we are going to visit about that issue, but I have asked Elroy to be here tonight to talk to you about a plan that we have discussed in house that we think can move us forward to green up the park and still maintain a positive relationship with the club and some involvement from the club, but on a, you know, limited way compared where it started. So, I'll let Elroy talk about that and any questions I will be here. De Weerd: Thank you, Doug. Huff: Hi. Madam Mayor, Members of the Council, I have done some research on some things this spring and this winter on that park and due to some things that are going on with us and Kiwanis, we can tell that the original involvement that Kiwanis might have had in the development of this park will be just a little bit less and sometimes things just go that way. We still want to sign an agreement with them to help partnership in the development of that park. There has been a lot of work done on that park this last summer. You don't see very much of that, because most of that's underground utility Meridian City Councii February 8. 2005 Page 140f23 work, excavation for the lake -- irrigation lake has been done. A lot of that stuff we do have record of that and that's all stuff that was done in kind on this park. I will make sure that Stacy gets those numbers. But in order to get ahead a little bit where we didn't gel it as green like we would have wanted it last year, there is some things I need to do this spring and if we install our pump station and our irrigation lake liner, there is money budgeted in our current budget for the playground and we don't want to put that in until we have it green and create some excitement in that neighborhood and I know that the neighborhoods have pledged some money to go towards the purchase of a playground, so that will offset that, and we have budgeted a little bit. We would like to have a little community build day on that playground if we could. However, to do all those things, we need to finish some things up out there to get that park green. Those things would basically be once we have completed what I'm working on this spring, what would need to be completed would be final grading work, parking lot construction, sidewalks, pathway construction, irrigation installation and seeding, safety fencing to be installed on the perimeter from that big canal, the Ridenbaugh, and, then, tree planting. We will still have money in our current budget to go towards finalizing that much of the work in order to get ahead of that a little bit, in conjunction with all the other projects that I feel like we have in front of us this year, we'd like to get ahead of that one early. It may involve us requesting Council to help us out with additional impact fees to be attributed to that. I don't know those costs yet. We are wondering if Council would entertain the idea of taking the money we have left in that account, not counting the playground, and adding some to that, allocated from impact fees, to get ahead on that park and get some things done. That's where I'm at with it tonight. De Weerd: Thank you, Elroy. I think that, Council, we will bring a couple of things before you, probably over the next month, in looking at an irrigation solution that we started working with Public Works on at Chateau Park. I know you all realize after the looks of it last summer that there were some water issues. Elroy and Doug have worked out a solution, but we still need to bring back a cost to it. Also, we met with Councilman Bird, Chief Bowers, and Doug and talked about the open space that will abut Station Four and so we'd like to bring all those back to you in one package and we just don't have the numbers right now. This is justto kind of give you a heads up as to what's going on. Mr. Wardle. Wardle: Madam Mayor -- and just one other question that I had for Elroy and the parks staff as far as these issues and especially the partnership issues. Has the park commission, seeing discussed, talked about any of this at all? Huff: We have discussed it in the past. I'll certainly be talking to them about it tomorrow night. Wardle: Okay. Huff: We are just one day backwards there. So, we'd like to get ahead of this just a little bit if we could. Meridian City Council February 8. 2005 Page 15 of23 Wardle: And Madam Mayor? De Weerd: Yes. Wardle: That would be certainly my preference to involve our volunteer group in the parks commission to discuss these and, then, certainly bring it forward in the future for budget discussion. De Weerd: I think when we get into a tight time frame, sometimes -- the budget consideration is your purview and the commission, if we have the time, it's -- certainly they have a lot to add, but this has been back and forth in front of the parks commission, not for a specific vote, but, unfortunately, when we first started the partnership with Kiwanis, it appeared to be more of a regional Kiwanis involvement and it's turned out to be more just that club and if you narrow it down a little bit further, I think it should be called the Gordon Harris Park, because Gordon has just put tremendous time, energy, resources, he's gone out and fought and found many of the donations of equipment and -- I mean he's just a one man wonder. And his wife is sick right now and things have slowed down. I think that the neighbors would like to see something happen there and so would our staff. So, we appreciate that you continue to be a catalyst in that partnership. Good luck, Doug, with your presentation there. They are a great group of people. Huff: Thank you very much. De Weerd: Thank you. Strong: Madam Mayor, Members of the Council, just to add what you just said, when the school year started last year, it was the first year for Mountain View High School and the access going into the school that was planned in the design, the neighborhood fenced off and would not allow access. So we provided a temporary pathway from the access that goes into the park over to the school grounds and with the hope that by -- when school year opens in September this year, that we would have a permanent pathway in a green grassy field, rather than mud for kids to walk through, so that's part of the motivation. The neighbors are very excited or interested or concerned, whatever term we want to put -- when is the park going to be there. So, we need to move this partnership along and we feel like this would be a reasonable way to do that and still keep the club involved and Gordon Harris, in particular, has expressed some very specific interests in things that he wants to finish at the park, so we will bring some numbers and see what we can get done. Item 7: (Items Moved from Consent Agenda) De Weerd: Thank you, Doug. Okay. There were no items moved from the Consent Agenda. Meridian City Council February 8, 2005 Page 160f23 Item 8: Tabled from February 1, 2005: FP 04-084 Request for Final Plat approval of 33 single family residential building lots and 3 common lots on 10.07 acres in a R-8 zone for Arcadia Subdivision by Pinnacle Engineers, Inc. - 5995 North Jericho Road: De Weerd: So, I will move to Item 8, which was tabled from February 1st, FP 04-084. Hawkins-Clark: Madam Mayor, Members of the Council, you have received -- well, we received, staff did, an e-mail today from Dave McKinnon, representing Arcadia, requesting another one week continuance on this and while the reason wasn't given in the e-mail, we understand verbally that they are dealing with the Public Works Department on a looping of the water main issue and it's contingent on a preliminary plat that the Planning and Zoning Department hasn't received yet. Obviously, it's up to the Council what you'd like to do with it, but I mean I think since final plats are not public hearings and the chance of this being completely processed by next week in order for us to confirm that this loop can happen is pretty slim, I would say, so I would just offer for your consideration possibly pulling this item, unless you want to continue to have it on your agenda week after week, but we did receive a request asking for a one week deferral on this. De Weerd: Okay. Council, do you want to see it week after week? Bird: No, I don't. Madam Mayor? De Weerd: Mr. Bird. Bird: I want to see it when it's ready. I don't want to be pulling it every week and continuing it on. I believe this is the third -- be the third time we have continued it. So, I would definitely go off of staff's recommendation. De Weerd: Okay. Do I have a motion? Bird: I move that we remove -- let me get the number here. FP 04-084 from the agenda. Rountree: Second. De Weerd: Okay. The motion is to remove Item No.8 from our agenda. Ms. Green. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 9: Continued Public Hearing from January 11, 2005: CUP 04-050 Request for Conditional Use Permit for a 3-story, 100-room hotel in an I-L Meridian City Council February 8. 2005 Page 17 of23 zone for Countrv Inn & Suites Hotel by Boise Hotel Enterprises, LLC & ABC 2, LLC - north of East Pine Avenue and east of North Eagle Road: De Weerd: Okay. Item No.9 is a continued Public Hearing from January 11th on CUP 04-050. I will open the Public Hearing again and I guess since we haven't approved the new ordinance that will repeal the mandate that I swear everyone in that would like to provide testimony, if anyone who wishes to provide testimony would, please, raise your right hand. Nary: For the last time. Rountree: The last time. You're the select group. De Weerd: Yeah. Feel very honored. Is the testimony you provide tonight the truth, the whole truth, and nothing but the truth, so help you God? If so, answer yes. (Affirmative answers.) De Weerd: I won't have anymore fun with that one. Okay. Staff. Hawkins-Clark: Thank you, Mayor, Members of the Council. Before I give my staff report, there was some conversation of the applicant with the city attorney just before the hearing and I guess I'd just like confirmation that I should proceed with the full -- the full staff report at this time. De Weerd: Okay. Mr. Nary. Nary: Madam Mayor, Members of the Council, we did discuss -- I did discuss with the applicant -- part of this, if you recall, about a month ago we had a discussion about the current zoning of that particular area and in my discussions with the Planning and Zoning staff today and last week, it's my opinion that although I think it was proper -- it was an exercise in trying to figure out what was done back in 1991 and it was an interesting view as to the ordinances that existed at the time and the actions that were taken by the Planning and Zoning Commission -- like Commissioner Rountree back in '91. Rountree: Careful. Nary: I think everything was done properly in '91. I think what happened since, then, is there were ways that we -- that the city could have made this a little cleaner for all concerned in regards to what the zoning is in this particular area from, essentially, both -- about a quarter mile each side of Fairview -- from Fairview down to the railroad tracks and my recommendation and Mrs. Canning when she was in before she was out of town, agreed that -- my best recommendation is that the city move to rezone all of this area into a commercial zone that is more appropriate to the uses that currently exist, as well as the future uses that are anticipated and to make it more consistent with the Meridian City Council February 8, 2005 Page 180f23 Comprehensive Land Use Map. I do believe -- and it is my legal opinion that it is a defendable situation with the current -- the current way that the zoning and the conditional uses are being allowed in that -- in that particular area, but it's very murky and from an applicant's standpoint, murkiness generally means delay and if there are certainly objections and concerns that are being expressed about a particular project, delay is very critical and probably fatal sometimes to getting these things done. So, it would be my -- and I think Brad's also collected opinion that tonight the Council direct staff to proceed with a rezone of this entire area, so that we can clear up all of these zoning issues that seem to crop up and the only reason we seem to resolve them is by the collective memory of people and eventually we won't all be here to remember that and it would make more sense to do it cleaner. But, again, in talking with the applicant I think they are probably not wanting to go forward at this time on this project, but want to help get this -- get the rezoning done and, then, revisit this application in some form in the future and maybe on this property, it may be in a different form, maybe in some other fashion, I don't know, but I think they are going to ask to either withdraw it or delay this particular project, but I'd let them certainly have the mike for that. De Weerd: Okay. Would the applicant like to come forward? Please state your name and address for the record. Simons: Thank you, Madam Mayor, Members of the Council. I apologize for my lack of being able to talk real well, but I don't think we will need an interpreter tonight. In light of all the information that we have here, I think it's in the best interest of all of us and also with our discussions with the homeowners board of the Crossroads Subdivision, that we just withdraw our application for now and clean all this up. Oh. I'm sorry. Andrew Simons, ABC2, LLC, P.O. Box 15407 in Boise. De Weerd: Thank you, Andy. So, you're requesting to withdraw this application? Simons: I'll answer any questions if there are any. De Weerd: Are there any questions? Bird: I have none. Donnell: None. De Weerd: Okay. Thank you. Simons: Thank you. De Weerd: Okay. So, the application for Item 9 has been requested to be withdrawn. Mr. Attorney, do I need a motion to accept? Nary: Madam Mayor and Members of the Council, yes, it would probably be the best just to -- a motion to accept that request for withdrawal would be appropriate. Meridian City Council February 8, 2005 Page1gof23 Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we withdraw CUP 04-050, as per applicant's request. Rountree: Second. De Weerd: The motion is to withdraw -- or accept the request to withdraw on Item No. 9. Ms. Green, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Rountree: Madam Mayor, question -- De Weerd: Mr. Rountree. Rountree: -- concerning Counsel Nary's comment. Whose lead is it, then, to clear up the murkiness? And that's got to be a legal term. And I remember being part of this at some point in time. What I didn't remember it was that many years ago. Nary: Madam Mayor, Members of the Council, Councilman Rountree -- and all joking aside, actually, I think the 1991 action was probably the one that was correct. I think since, then, it probably wasn't cleaned up as it probably should have been and could have been and it's just an oversight. But I think both Mr. Hawkins-Clark and I, in our discussion today, feel that, really, it's the city's responsibility to probably clean this up and I think that's why we were seeking simply that direction from the Council to go ahead and begin that process to do that rezone. Rountree: Do we need to direct that? It sounds like they have got it under control. De Weerd: Yes. So, you know your marching orders. Hawkins-Clark: Yes, we do. And, yeah, we just felt that since -- if this was only one property that was zoned light industrial that was proposing commercial uses, it might be appropriate for the applicant to proceed on their own behalf on their own dollar, but given that the entire Meridian Crossroads Shopping Center really has improper zoning, as well as some of the uses on the west side of Eagle Road, we are dealing with multiple properties, multiple acreages, different legal descriptions and I think just from a staff perspective here we just felt that it would -- it would be cleanest and it's probably long -- long overdue that we get the appropriate zoning, as we did about five years ago with the residential portion, which also was zoned light industrial until about four or five years ago. Meridian City Councii February 8. 2005 Page 20 of 23 De Weerd: And we hate to tell the neighbors it was an illegal use, but we cleaned it up. You're legal now. We are legal. Okay. Thank you very much. And thank you all for joining us tonight. I apologize that you came, but I think this works out so that we have clearer expectations for development as well. Thank you. Item 10: Public Hearing: Parks and Recreation Fees: De Weerd: Okay. Item 10 is a Public Hearing for the Parks and Recreation fee. I will open the Public Hearing with staff comments. I don't think they want to comment. Council, do you have any questions on the fee schedule in front of you? Bird: On the fees? De Weerd: Uh-huh. Bird: I certainly don't, Mayor. I think they have-- Donnell: I have no questions. Bird: I have to tell you, I think this is the best fee setup we have had come before us from the parks department. De Weerd: Good job, Katrina. Is there anyone who would like to offer testimony on this? Okay. Well, thank you. Council, there is no testimony on this item. I would take a motion to close. Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: I move we close Public Hearing for Item No. 10. Bird: Second. De Weerd: The motion is to close the Public Hearing on Item 10. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: If there is no discussion or further information needed, I will take a motion to approve. Rountree: The liaison probably ought to make that. Bird: Christine. Meridian City Council February 8. 2005 Page 21 of 23 Donnell: Oh, you want me to? I haven't even been to a meeting yet, but I would love to make this motion. I would move that we would approve the parks and recreation fees as presented by staff. Wardle: Second. De Weerd: The motion is to approve Item 10. If there is no further discussion, Ms. Green, would you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 11: Ordinance No. 05-1131 : Repealing Title 1, Chapter 7, Sections 7 (G) of the Meridian City Code regarding the Rules of Procedure for Public Hearinas and providing for a waiver of the reading rules: Item 12: Ordinance No. 05-1132 Amending Title 6, Chapter 3, Section 6 of the Meridian City Code regarding Exemptions for Noises Creatina Public Disturbances: De Weerd: Good job. Okay. Items 11 and 12 are Ordinance No. 05-1131 and 05- 1132. Ms. Green, will you, please, read these two items by title only. Green: Thank you, Madam Mayor, Members of the Council. Ordinance No. 05-1131, an ordinance repealing Title 1, Chapter 7, Section 7G of the Meridian City Code regarding the rules of procedure for Public Hearing and providing for a waiver of the reading rules and providing an effective date. Green: Ordinance No. 05-1132, an ordinance amending Title 6, Chapter 3, Section 6 of Meridian City Code, regarding the exemptions for noises creating public disturbances and providing for a summary and providing for a waiver of the reading rules and providing an effective date. De Weerd: Thank you. You have heard these two brief ordinances read by title only. Is there anyone who would like to hear them read in their entirety? Seeing nothing, do we have a motion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve Ordinance No. 05-1131 and 05-1132, with suspension of rules. Meridian City Council February 8, 2005 Page 22 of 23 Rountree: Second. De Weerd: The motion is to approve Items 11 and 12. Ms. Green, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 13: Executive Session per Idaho State Code 67.2345(1)(c)&(f): De Weerd: Thank you so much. Item 14. Bird: Madam Mayor. De Weerd: Yes, Mr. Bird. Bird: I move we go into Executive Session as per Idaho State Code 67-2345(1 )(c) and (f). Donnell: Second. De Weerd: Okay. The motion is to approve going into Executive Session. Ms. Green, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. EXECUTIVE SESSION: Rountree: Madame Mayor, I move that we come out of Executive Session. Bird: Second. De Weerd: The motion is to move out of Executive Session. All those in favor say aye. ALL AYES. MOTION CARRIED. De Weerd: I am not sure if I am supposed to note for the record or not, but no decisions were made. Donnell: Madame Mayor I move to adjourn. Rountree: Second. Meridian City Councii February 8. 2005 Page 23 of 23 De Weerd: All those in favor say aye. ALL AYES. MOTION CARRIED. MEETING ADJOURNED AT 9:25 P.M. ~~ tJç DATE APPROVED