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HomeMy WebLinkAbout2005 04-26 Meridian City Council Meetina April 26. 2005. The regular meeting of the Meridian City Council was called to order at 7:30 P. M.. Tuesday, April 26, 2005, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Keith Bird, Shaun Wardle, and Christine Donnell. Members Absent: Charlie Rountree. Others Present: Bill Nary, Will Berg, Anna Canning, Brad Watson. Bill Musser, John Anderson, Tara Green, Catrina Thomas, Doug Strong, and Dean Willis. Item 1: Roll-call Attendance: Roll call. -1L- Shaun Wardle -L-Christine Donnell - Charlie Rountree -L-Keith Bird ---X- Mayor Tammy de Weerd De Weerd: Okay. I will go ahead and open the regular meeting for City Council and we will start with roll call attendance. Item 2: Pledge of Allegiance: De Weerd: Thank you. Item No.2 is the pledge of allegiance. We will ask Chief Musser if he will lead us in the pledge. (Pledge of Allegiance recited.) Item 3: Community Invocation by Pastor Randy Rodes, Meridian Vineyard Church: De. Weerd: Thank you. Tonight we have Pastor Randy Rodes with us. He is with Meridian Vineyards Church. He will lead us in our community invocation. Please take this moment to join us or an opportunity for a moment of silence. Rodes: Thank you, Mayor Tammy. It's good to see you all. And Council Members. Thank you so much for this opportunity. Let us pray. Father in Heaven, we thank you for such a tremendous place to live. Thank you for this city. Lord, I just pray for Mayor de Weerd and everyone that serves under our oversight in this city. I pray, oh, God, that you would be with each one of them. We ask for your continued protection over this city. And, Lord, in the recent days as we have heard the tremendous increase in the population figures of Meridian and all the growth that has taken place, it is so abundantly clear that the decisions that this Council makes, even this evening, will have the potential of affecting many people and so tonight would you just give them your Meridian City Council Apnl 26, 2005 Page 2 of 32 wisdom and just give them the insight that they need to make the decisions that will be for the good of all the citizens of this great community. So, we give you this meeting, we commit it to you, and we ask all of this in Jesus' name, amen. Item 4: Adoption ofthe Agenda: De Weerd: Thank you so much for joining us. Item No.4 is adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: First of all, Item B in the Consent Agenda, the resolution number is 05-470, and also -- which we will also repeat this when we do the Consent. On Item F, the approval of beer, wine, and liquor licenses pending completion of application, we need to scratch the Royal Dynasty and West of Philly. They are no longer in business. Item H resolution number is 05-471. And parks -- or under Department Reports, in parks we need to add an item three, the discussion of open space at Jabil fields. And we would like to -- I'd like, if Council approves, to move Item 10 to No. 11 and make Item 10 the -- setting the date for the public budget hearing, which we need to do to get to the county. And with that I would move we approve the revised agenda. Wardle: Second. De Weerd: Okay. All those in favor of the amended agenda say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 5: Consent Agenda: A. Approve minutes of April 5, 2005 City Council Regular Meeting: B. Resolution No. 05-470 :CPA 04-003 Request for a Comprehensive Plan Map Amendment to change approximately 48 acres from Industrial to Mixed-Use Regional for Ten Mile Development. LLC by Hansen-Rice, Inc. - SWC of North Eagle Road and East Pine Avenue: C. Tabled from April 19, 2005: Findings of Fact and Conclusions of Law for Approval: RZ 04-017 Request for a Rezone of 61. 63 acres from I-L & L-O to CoG zone for Ten Mile Development. LLC by Hansen-Rice, Inc. - SWC of North Eagle Road and East Pine Avenue: Mendian City Councii Aprii 26. 2005 Page 3 of 32 G. D. Tabled from April 19, 2005: Findings of Fact and Conclusions of Law for Approval: CUP 04-051 Request for a Conditional Use Permit for a Conceptual Planned Development for commercial! retail uses for approximately 615,430 square feet of building areas in a proposed CoG zone for Ten Mile Development. LLC by Hansen-Rice, Inc. - SWC of North Eagle Road and East Pine Avenue: E. Approve Beer, Wine and Liquor Licenses: Bolo's - Beer & Wine Smoky Mountain Pizza & Pasta - Beer & Wine The New Frontier - Beer & Liquor Jacksons Food Store #99 - Beer & Wine Jacksons Food Store #98 - Beer & Wine Jacksons Food Store #97 - Beer & Wine Jacksons Food Store #56 - Beer & Wine Jacksons Food Store #35 - Beer & Wine Jacksons Food Store #11 - Beer & Wine Jacksons Food Store #1 - Beer & Wine Louie's Pizza & Italian - Beer & Liquor Johnny Carino's Italian - Beer & Liquor F. Approve Beer, Wine and Liquor Licenses Pending Completion of Application: Sa Wad Dee Thai Restaurant Baja Taco Harry's Bar and Grill Maverick Country Store Meridian Speedway China Town's Quik Wok Ram Restaurant and Brew House Royal Dynasty St. Lukes' 127 Club Whitewater Saloon West of Philly Top Shelf Eddy's Vina Restaurant License Aareement with Nampa Meridian Irriaation District for Southern Sprinas Subdivision (Ten Mile Drain): H. Resolution No. 05-471 VAC 05-001 Request to Vacate East Manderly Lane and a 30-foot wide agricultural easement, both being one and the same as shown on the plat of Meridian City Council Aprii 26. 2005 Page 4 of 32 I. J. K. L. M. Larkwood Subdivision, at the north boundary line of Lot 13, Block 2 for Tustin Subdivision by SCS Investments, LLC - northwest corner of East McMillan Road and North Locust Grove Road: Line Item Transfer for the Centrate Basin Construction: Line Item Transfer for Well 20B: Chanae Order No.1 for the Centrate Basin Construction: Aareement for Well 27 Test Well Oversiaht with Hvdro Loaic: Wastewater Treatment Plant Expansion Proiect Task Order No. Z,: N. Fifth Addendum to Exhibit 'C' to the Citv of Meridian I Meridian Rural Fire Protection District and Life Preservation Service Contract and Joint Exercise of Power Aareement: O. Overland Road Waterline Reimbursement - Silverstone Business Campus: P. Reimbursement Aareement - Silverstone Business Campus ISundance Companv): Q. Aareement for Wireless Area SourceOne. Inc. : Network Services with De Weerd: Item 5 is the Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we approve the Consent Agenda, which includes resolution 05-470, Item B, and Item H, 05-471, resolution number, and on Item F, delete Royal Dynasty and West of Philly and for the Mayor to sign and the Clerk to attest on all proper papers. Wardle: Second. De Weerd: Okay. The motion is to approve the Consent Agenda as amended. Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, absent; Wardle, yea; Donnell, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Meridian City Council Apn126,2005 Page 5 of 32 Item 6: Department Reports: A. Mayor's Office 1. Arbor Dav Proclamation: De Weerd: Okay. Item No.6. I have our Arbor Day Proclamation and we will be having a ceremony on Friday. I hope you will all be able to join us and I will ask Mr. -- Bird: I thought it was Thursday, the 28th. De Weerd: Oh, is it Thursday? The Arbor Day presentation? Friday? Donnell: At Peregrine Elementary. De Weerd: We will ask Doug to reconfirm that under his department report. I will go ahead and read the proclamation. Whereas in 1872 Jay Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees and whereas this holiday called Arbor Day was first observed with the planting of more than a million trees in Nebraska and whereas Arbor Day is now observed throughout the nation and the world. And whereas trees can reduce the erosion of our precious top soil by wind and water, cut heat and cooling costs, moderate the temperature and clean the air, produce oxygen, and provide habitat for wildlife and whereas trees are a renewable resource, giving us paper, wood for our homes, fuel for our fires, and countless other wood products, whereas trees in our city increase property values, enhance the economic vitality of business areas and beautify our community. And whereas trees, wherever they are planted, are a source of joy and spiritual renewal. Now, therefore, I, Tammy de Weerd, Mayor of the City of Meridian, Idaho, do hereby proclaim Friday, April 29th, 2005, as Arbor Day in the City of Meridian, Idaho, and I urge all citizens to celebrate Arbor Day and to support efforts to protect our trees and woodlands. Now, further, I urge all citizens to plant trees to gladden the heart and promote the well-being of this and future generations. Dated this 26th Day of April, 2005. So, we appreciate the efforts on behalf of our parks department in celebration of Arbor Day and also in their caring and nurturing of our city trees and our ordinances that also encourage the planting of trees, that it does add to the esthetic beauty of our community. So, thank you. B. Parks and Recreation Department: 1. Namina of Park Located in Lochsa Falls bv Doua Strona: De Weerd: Item B is the parks and recreation department. Doug. Strong: Madam Mayor, Members of the Council, just to confirm Friday, 2:30, at Peregrine Elementary is the Arbor Celebration this year. You're all invited to attend and Meridian City Council April 26,2005 Page 6 of 32 we will plant a tree, as we have in previous years as well. The item -- well, one of the items that I have before you tonight is the naming of the parks. As you may recall, there are a number of parks that haven't been officially named that we have in our inventory that we have been over time referring to -- related to whoever we bought the property from or the development that it's near by or such situations as that. So, the Commission has taken upon itself to -- in the months coming to name a park at every monthly meeting. To propose a name every monthly meeting. We are trying to stick to that. So, the proposal we had before you tonight is -- is a proposed name that's been through Commission discussion and recommendation that I bring forward to you tonight for the 30 acres part -- parcel that we have on North Ten Mile Road near the Lochsa Falls development. Rather than calling it Lochsa Falls, which has been a common reference, the proposed name is Hero's Park and there has been some discussion just -- of one of the Commission members proposed this name and it was discussed and it was proposed in a formal written letter per our parks naming policy and I just -- I wanted to give you a little bit of insight behind the name. The larger parks that we are going to name in the community, there has been some discussion about having them either represent some type of heritage that's typical of the community or, in this case, the discussion started out with something like Veteran's Park. You know, how can we commemorate the heroes in our community and since this particular park will be used by a large portion here by PAL, the discussion revolved around that -- that as you grow up or you mature you go through a developmental period in life, you have heroes that you look up to, whether it's a coach or an athletic director or your dad, because he coached your soccer team or something like that. So, it would lend itself to some of the other things that we could do in the park, like a hero's walk where you commemorate people that have made significant contribution to either the community or PAL soccer or whatever might be going on related to youth sports in the community, and it just seemed like a name that kind of fit the use of that park. So, that's the name that I bring forward tonight and for your consideration and, hopefully, a new name for the park. So, I will open it for discussion. De Weerd: Council, any comments or questions? I think that's an excellent reason we can have a Hero's Park and a Champion Park, so, you know, we can adequately recognize all of our Heroes in our community. Any other comments? Donnell: Madam Mayor? De Weerd: Mrs. Donnell. Donnell: And also it might have been your mother that was your coach. Strong: Could be. Not in my case, but it could be. Donnell: With that comment. -- is it appropriate for a motion at this time? De Weerd: Yes, please. Mendian City Council April 26,2005 Page 7 of 32 Donnell: Madam Mayor and Councilmember's, I would like to make a motion that we approve naming of the park located in Lochsa Falls area Hero's Park. Wardle: Second. De Weerd: Okay. The motion is to approve the recommended name of Hero's Park. Is there any further discussion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: And I probably am looking -- reading over the letter, so who is purchasing the bricks and the walls or whatever we are doing for the hero? Is there some people that are donating it to it or -- and where is the money going or are we getting excess money or is it like the optimist fields down there that -- where the hall offame -- 13 or 14 that are in the hall of fame are put up with the pictures and stuff by the optimists? What is the -- to put something in there, how do you go about it? Strong: Madam Mayor and Councilman Bird, there has been no definite plan for that. It was proposed some months back as a fund raiser for PAL soccer, to raise money to complete the project there, to sell names for fields and, then, our naming policy there is some consideration for -- as you might recall, short-term naming based on a contribution of a certain dollar amount, and the bricks will be a similar kind of fundraising effort that the PAL folks would need to bring to us for consideration and bring to the Commission, then, for some kind of recommendations. Bird: Follow up. In other words, PAL will do the fundraising and keep the proceeds? Strong: Well, the proceeds, my understanding it will go back into the development of the park. Bird: Okay. Now, how much -- how much of the cost of this park is PAL putting towards it? And are they given exclusive use of it? Strong: Per our agreement they will have use of the park for about eight weeks of the year, four months in the spring -- or four weeks in the spring, four weeks in the fall, for their most active play time. Bird: Okay. De Weerd: Only four? Strong: A total of eight weeks throughout the year. Of course, they will use them for practice fields and that, but as far as exclusive use for tournament play -- Meridian City Council April 26, 2005 Page 8 of 32 De Weerd: It sure seems longer when your kids are in the program. Okay. Any further questions? Bird: I have none. De Weerd: Okay. The motion is to approve the name of this park. Mr. Berg, for the record, will you call roll. Roll-Call: Bird, yea; Rountree, absent; Wardle, yea; Donnell, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. 2. Discussion reaardina purchase of new recreation software bv Catrina Thomas: De Weerd: Thank you. Okay. Item 2 is discussion of software. Thomas: Good Evening. I am -- Madam Mayor and Members of the Council, I am here today to talk about we -- during the budget process we have been looking over one of the things that we needed to get for the recreation department was new recreation software. The software that we currently have is -- the company that created it is no longer in business. They went out of business I think in 2001. So, we have no service for it. Luckily, we have somebody in IT that knows a little more about computers and he's been very helpful with it, but we are kind of on our last string and don't know if something else goes wrong with it what we will do. So, we were looking at different companies to try and find out who we could get our recreation software through and the company that we had it narrowed down to was a company called Active Network and the software is called Rec Net and we had gotten a quote from them in January and we were calling them again during the budget process just to make sure that the quote was still close to what the price would be and, actually, they had bought out their competitor and their price has gone up from 3,000 dollars to 10,000 dollars. So, we requested that they be able to honor their quote from January, if we were able to purchase this within the next, you know, few weeks. And they agreed to honor their quote and I have gone over the information with Terry from IT to make sure that this is the type of software that we can use and that it would be compatible with our program in the future of what the city is doing with it and he really -- he recommends the program. It's an online -- we don't have to purchase the actual software, what we are purchasing is training and we don't have to worry about upgrades, all the upgrades are kept on the computer, on the web -- on their server, so we don't have to worry about compatibility and the only fees that would be included with this new software are for a one and a half percent transaction fee and a two and a quarter percent Visa fee and those are fees that we would incur as a parks department for any transactions that we do. If the consumer does any of the purchases online, they would be charged six percent and we wouldn't be charged anything. So, I did a cost estimate based on what our revenue was for last year and what it would cost us this year if we were on that new software program and that's the handout that I just handed out this afternoon, the one sheet, and it's really only Mendian City Council April 26,2005 Page g of 32 going to cost us 131 dollars, once we have the software, once we are using it, that's what our extra cost is. The reason for that is that since we are a small organization and we don't have as many Visa charges, we get charged four percent for any of our Visa transactions. Whereas they are a larger corporation, they are only charging one and a half percent. So, it ends up kind of balancing out. I think -- what else? So, basically, the fee for us right now is the 3,000 dollars for the training and we have money in our budget this year for fiscal year for 1,500 for our computer slash software purchases and we didn't have anything that we were in dire need of as much as we are of this and, then, the other 1,500, after speaking with Stacy, I'm going to be on maternity leave this summer, so we are going to have savings in our -- that must be where to get the funds, but there will be savings in our wages, line item, so we will have savings from that that we can transfer from that as well. So, what I would like to propose is that we transfer some funds for the 3,000 dollars, so that we can purchase the software and become up to date. If you have any questions? De Weerd: Council, any questions? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Catrina, explain what this new software does. What do we get? Thomas: What we get -- we, actually, get a lot for it. The -- sorry. I'm not used to the formalities. De Weerd: You don't have to. Bird: You don't have to. Just Keith is fine. Thomas: Thank you. Okay. Basically, the software that we are purchasing we will do the same thing that we have, where people register for activities online, like any of our recreation programs, they can do it online or we can do it online and, then, the other added benefit that we don't currently have is that we will be able to do our facility reservations online. Right now we do everything by hand for all of our shelters and with the increase of new parks and new shelters continuing, it's really becoming time consuming and so that would be an added benefit that we don't currently have and need. So, those are the software that we will get. Bird: Thank you very much, Catrina. De Weerd: Thank you. Mr. Wardle. Wardle: Madam Mayor. Catrina, is this a proprietary ASP software? Thomas: I don't know. Could you clarify? Meridian City Council Aprii 26, 2005 Page100f32 Wardle: Is this a web-based software? Thomas: Yes. Wardle: Who is going to administrate it from the city? Thomas: Who is administrating it? Wardle: Administrating it. Yes. Thomas: They are administrating it. They take care of everything. So, we just go online to do any of our -- like I would go online and input all the classes -- is that what you mean? Wardle: Yes. Thomas: I would go online and put in all of our classes and have control over what we can do, what's available for reservations and registration, but it would be open to the public to -- to check on it to make a reservation. Wardle: Right. But you're making the changes? Thomas: Yes. I would make them all. Wardle: Is there an additional site license fee after the first year or is this -- Thomas: No. The only fees would be -- like they have it set up originally that you have a minimum per month -- or per year, but with our registrations that we have, our transaction fees would cover all of that. Wardle: Okay. Thomas: And that was one of the reasons why Terry recommended it, because the other software that they have -- that the city of Boise has is over 30,000 and you do have an annual fee that you have to pay as well, plus you have to purchase the software and maintain it yourself, which we won't have to do any of that. Wardle: Thank you. De Weerd: Great. Thank you. Any further questions? Do I have a motion? Donnell: Madam Mayor? De Weerd: Mrs. Donnell. Meridian City Council Apni 26. 2005 Page 11 of32 Donnell: I would like to make a motion to approve this expenditure for Rec Net to upgrade our recreation software. Bird: Second. De Weerd: Okay. The motion is to approve -- Mr. Berg, I'll let you call roll on this, too. It's a budgetary item, for the record. Roll-Call: Bird, yea; Rountree, absent; Wardle, yea; Donnell, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Thank you. Donnell: And, Catrina, we are just very grateful that you are going to go on maternity leave to save the city some money. We will have to make sure we hire only people that can go on maternity leave and save the city -- Thomas: Anything I can do to help. Thank you. Donnell: That's really -- yeah, we didn't even know. We couldn't tell. 3. Jabil Fields Discussion. De Weerd: Item 3 is discussion on the Jabil fields. Earlier this year I discussed with you the owner of this property, when we approved splitting that piece of property, and split off the soccer fields that are out there and the owner had asked if the city would be interested in utilizing those fields until there is a development that wants to go in there. Elroy had put together some costs. We have worked out the water issues, so there will be water to the fields, if Council would like to move in that direction. I believe that Elroy had -- I have forwarded that e-mail all to you a month or two ago. There is around 4,000 -- or 14,000 dollars to maintain that through the growing season. Mr. Strong, do you have anything to add? Strong: Madam Mayor, Members of the Council, I think our primary interest in maintaining this field certainly is so that it doesn't just go to seed and it becomes another useful field for soccer play or practice in the community. We certainly are looking for open green space anywhere that we can find it or at least the youth sports teams are in the community. So, it's not that large of a field, it wouldn't be very difficult to maintain and certainly seems like it would be an appropriate thing to do until something happens with the property. So, we are certainly willing to take that on and -- of course, we would need your approval to do so. De Weerd: And I guess, Mr. Strong, we had kind of talked about it might be an ideal location for one that's currently being used out at Settlers Park, the adult soccer league that's going on out there. Mendian City Council April 26,2005 Page 12 of 32 Strong: Yes. We have a Sunday Hispanic soccer league that plays at Settlers Park every Sunday and they start early in the season. When Pal starts playing there, then, there is a little bit of competition for space. So, it would make some additional space available that would probably work very well for that league, since they, typically, only have no more than two games going, typically just one game going at a time, so -- De Weerd: And I guess, Council, I would -- if this is a direction you would like to us to move in, we should ask Doug to notify PAL, Low League or Cal Ripkin and Optimist football, because those will be ideal soccer -- or practice fields as well. It's good open space. There are soccer nets up -- or bars, but I think you could utilize that space very well. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Optimist has been notified. Anyway-- De Weerd: Consider yourself notified. Bird: We are notified. I think this is -- I think something on the maintenance of it as a cost of 14,000 I believe there was, I would really entertain having us check with a private lawn-mowing company and see what they would charge us to mow it. We could probably take care of -- but we are going to have to haul mowers around to do that little deal. I think it's -- Boise has certainly got a lot more acres to mow than we do and they do one heck of a lot of theirs with private contractors on their mowing. So, I think this would be a nice field to start that avenue and see how it works out. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I agree with Councilman Bird's suggestion and agree that this is certainly great open space and it would be nice for the City of Meridian to take down the private use signs, please call before utilizing, and would certainly do that and I think from a business standpoint the company, which is already maintaining that site, might have an interest in coming in with a low bid to see what we can do. So, I certainly agree that Meridian should -- should pick up that expenditure, but would like to see if we can get it low by going out to the private industry. Bird: Madam Mayor, could I add something else? And at that same point, this is privately owned. With our motion, when Christine makes it, we need to make sure that a copy of our insurance is on file with Mr. Van Auker, excluding him from liability or helping him with liability. You don't exclude him, but -- Meridian City Council April 26, 2005 Page 13 of 32 Donnell: Does he own that property? Bird: Yes. De Weerd: Okay. Mr. Berg. Berg: Madam Mayor, if I could ask a question. Do we have an agreement of some sort with Mr. Van Auker that I could send to the insurance, so we could get a certificate of insurance and -- De Weerd: This is to get approval to move forward with that. Berg: Okay. Thank you. De Weerd: Mrs. Donnell. Donnell: Madam Mayor -- are we ready? De Weerd: Yes, we are. Donnell: I'd like to make a motion that we approve the expenditure of funds to maintain the fields at Jabil, Incorporated, and to ask that our director, our parks director, explore what the savings -- possible savings might be if we were to use a private contractor to do the mowing there and whatever we are supposed to do with the insurance, I'm sure the city clerk will follow through with that. Bird: And that is to make an agreement with Mr. Van Auker. Donnell: Yes. Bird: Second that. De Weerd: So, that would ask the city attorney to draw up an agreement. Bird: For his approval. De Weerd: For Mr. Van Auker. I just wanted to say -- Bird: Can he do it while the summer is still on? De Weerd: Okay. Any further discussion? Bird: I have none. De Weerd: Okay. Mr. Berg. Meridian City Councii Apni 26, 2005 Page 140f32 Roll-Call: Bird, yea; Rountree, absent; Wardle, yea; Donnell, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. C. Police Department - Bill Musser 1. Update on Police K-9 Training Facility and Request for waiver of all associated fees as the project moves towards application for CUP. De Weerd: Thank you, Mr. Strong. Okay. Item 6-C, our Police Department. Chief Musser. Musser: Madam Mayor, Members of the Council, I'm before you this evening to provide an update on our community project that we have been working on with Hubble Homes, our K-9 training facility. We do have plans that have been completed at this point for most of the -- of the facility. We are completing the CUP application at this point as well and we have already met with our building inspector -- I'll get the name here, so I know it. I believe it's Bob Whitaker to make contact with him, along with Lieutenant Lavey, because part of our building designs are going to -- bid the sections for the specifics on plumbing and electrical and for the HV AC systems, aren't included at this time, because they are a planned design, which means that they will do it as we get to that point and take it in for the inspection review and approval before it actually gets placed into the building. But we have everything else in place at this point and they are asking when they can get ready to break ground, as soon as we get the CUP in and I told them -- I said, well, there is one little issue that we got to look at and what I'm here tonight for is to request from the Council approval by a motion to waive all fees associated with the CUP application process and the inspections, And, other than that, if you have questions, I'd stand for those at this point. De Weerd: Thank you, chief. Council, any discussion? Okay. Mr. Wardle. Wardle: Madam Mayor, I move that we approve the waiver of all fees associated with the police K-9 training center facility. Bird: Second. De Weerd: Okay. The motion is to approve the request from our police chief. Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, absent; Wardle, yea; Donnell, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. D. Attorney's Office Meridian City Council Apn126,2005 Page 150f32 1. Update I Comments on Vicious Doa Ordinance: De Weerd: Thank you. Okay. Item 6-D, our attorney's office. Nary: I'm going to move over here tonight, Council. I had a couple of items on here that are pending ordinances. I know Mr. Bird is really good at keeping track of how quickly we return these things and so there are three of them listed and there is, actually, a couple of other ones that are kind of out there pending that you will see and I just wanted to make sure these were fine before we brought them forward. The first one was the vicious dog ordinance. We talked about that a few months back. The last direction from the Council was to get the police -- the police department's input and we have received their input, I have incorporated their changes into the ordinance. When I'm going to actually bring it back and what you will see on it is I'm going to ask for a window of time from passage to implementation. There is going to be some time that's going to be necessary to provide some public education. I mean this is a significant change to people and most people aren't going to realize when their dog bites somebody now, they may have some serious consequences to that in requiring another license or going through a process to see whether or not they are going to have to have a license. So, some education is going to be necessary. Secondarily, somewhat logistically, there is going to be some time that's necessary to implement that. We have to actually order physical licenses, we have to actually create a process, so that way when this happens, how these get issued and how they get -- get given out to people or done. So, it will have a window of time. I have chatted with Mr. Berg about that and trying to figure out what the appropriate amount of time to have that implementation. I think we are looking at probably a gO-day window from passage to when it actually would take effect. But I wanted to give you a heads up about that. So, you should be seeing that within the next week or two in front of you for approval. If you want to have public comment on that, that's certainly your decision, if you think that's appropriate on this one, again, because it is a significantly different change from the way we have done business in the past. So, 'lIleave that to your discretion. If you want me to take out the waiver clause that we generally included in that, just let me know and if you want to have public comment, we can certainly do it that way. De Weerd: Well, Mr. Nary, it certainly has been one that the citizens have been asking for or those who have had the misfortune of being a victim. So, we appreciate your efforts on this and certainly the close attention to detail. 2. Update I Comments on Center Turn Lane Ordinance Nary: Thank you, Madam Mayor. The next one, the update, the center turn lane ordinance, I'm one of the members of the Traffic Safety Commission that we have and last week at our meeting -- and this is probably the fastest turn around you probably could ever see -- last Tuesday at our meeting one of our traffic officers indicated that the traffic patrol would like to have a similar ordinance that the city of Boise has, which prohibits traveling in the center turn lane for more than 100 feet. It's existed in Boise for Meridian City Council Apnl 26, 2005 Page 16 of 32 a few years and my initial comment to the officer was we already did this, we already passed this ordinance. We discussed it with my predecessor Mr. Nichols, we had the language drafted by our police attorney Ms. Tate. This is done. It got accomplished. It didn't get done. It's on the web page. It never got approved, it never got back -- put back in front of the Council. I took Mrs. McCandless' name off of it and mine and you will have it back in front of you next week, so that we can actually approve something we thought we did back in 2003. I think if you want, certainly, to ask the chief, I think this is -- there are -- there are potential crashes in that center lane all the time. This is a very easily enforceable ordinance. When I served as a prosecutor with the city of Boise we had a number of these, they are very easy to go forward on, and, again, they do help avoid collisions in the center turn lane. Donnell: And Madam Mayor? De Weerd: Yes. Donnell: The city of Boise has had that for quite some time, because I do remember getting a ticket many many years ago for traveling further than a hundred feet in the center lane. Nary: What actually happened is the state used to have a law that prohibited it as well. The state repealed it and left it to the local jurisdictions and that's when Boise implemented the ordinance. It's been at least three or four years in Boise that it was an ordinance versus a state code, but, anyway, it should have been done in 2003 and it will get done here in the next week or two and back in front of you. 3. Update I Comments on Repealina Bicvcle Reaistration: Nary: Item 2, repealing bicycle registration. One of the members of the Traffic Safety Commission is also an employee of the Ada County Highway District and called me a few weeks ago and said that it is a misdemeanor in the City of Meridian not to register your bicycle or to notify the police department when you sell it or transfer it. And he was perfectly happy just to register his son's bicycle, except we don't have any mechanism, nor a license to actually issue that. This ordinance was written back in the '60s. I'm not sure when we stopped doing it, but I'm sure we stopped doing it awhile back. I did speak with the police chief about it and they are looking at a program to have a voluntary registration, because it certainly is a valuable tool to the department if a bicycle gets stolen and recovered, we have a means in which to get it back to the owners. But having it be a -- having it be a misdemeanor seems a little onerous for bicycle registration. When I looked at the ordinance, the only provision left, if you took out all the registration parts of the ordinance, the only provision left was you can't ride your bicycle on the sidewalk. The state law already has a number of bicycle -- bicycle regulations as to where you can ride it and when you can ride it and all the other requirements, so it's really redundant for the city to have that. So, repealing the entire ordinance makes the most sense. So, that will be in front of you in a couple of weeks, if you have any questions about that. Vender/solicitors. You probably recall we had a Mendian City Councii April 26,2005 Page 17 of32 discussion a couple of months ago regarding the hot dog vender down by the Rite-Aid store. One of the directions for the Council was to create a vendor/solicitor temporary merchant's license, so that there is more specificity of location, some way for the city to regulate that activity and have some awareness of where that activity is occurring and have some way to fashion where they go, what they look like, those kinds of things. I have put a draft ordinance together I borrowed from some local jurisdictions that seem fit our needs. I did forward that on to the planning department, the police department, and the clerk's department for comments and I'm waiting for that to come back and you should see that within a couple of weeks as well. That may need also a little bit of implementation time period as well to get for some education and for some physical licenses actually ordered and those kinds of things. But you should get that within a couple of weeks. The Traffic Safety Commission also requested a cut-through ordinance. In the city of Boise they passed an ordinance a couple of years ago that prohibited people from basically cutting across a parking lot to try, essentially, to avoid the corner, avoid the light, speeding through the parking lot. Jim Fisher, one of the members of the Traffic Safety Commission, while doing security at Meridian Middle School, said that it's becoming a recurring problem through their lot where people are, essentially, getting off of 8th Street -- or, excuse me, off of Cherry Lane and cutting through it at high speed, 25, 30 miles an hour, cutting through that parking lot in the morning, and trying to get back out on 8th Street quicker and so I have looked at the draft and the ordinance that Boise passed. There is a couple of language things that I want to make sure that we don't have any -- any gaps with, I don't want us -- certainly I don't know it's the intent of the city to enforce that on people who drive into a lot that has a drive-thru or has a bank drive-thru or a food drive-thru and they decide not to go there, so they continue through the lot and don't stop. We need to fashion it to make sure we don't deal with that or people who get confused -- we have a lot of drivers sometimes that just are confused where to go or how they should exit the lot. We don't want that to be a violation. But we certainly do want to stop people that are just cutting through and there is another area at Franklin and Ten Mile, the same thing, that people are cutting through the corner lot on there to, again, avoid the corners and avoid the stop. So, you will be seeing something like that in a couple of weeks. Certainly, I'll send those to the police department before you get that. The last two things I have aren't on the agenda, they are just a very quick HR note. I just want to make you aware, in case you haven't, I think I have mentioned to you before, this Thursday is our first Bring Your Child To Work Day. We have a lot of different employees that have expressed a tremendous amount of interest in that and I think it's going to be a lot of fun. The police have helped us in putting a program together. I think it will be a lot of fun for the kids. It's going to be a half-day program. Mr. Bird has helped us put some stuff together for that as well and it's going to be I think a lot of fun. Again, a lot of -- the intent of the program is to make sure that -- or not to make sure, but to get kids connected more with their parents and understand what their parents do at work, get a better understanding of what happens here and I think that's really good. The last thing I have is I have the privilege, I guess, as the Human Resource Director; we have a certificate of appreciation, in grateful appreciation for your service to the City of Meridian. Our success is measured by the value of those who chose to remain and grow with the city for five years of service for Mayor de Weerd. Meridian City Council April 26,2005 Page 18 of 32 E. Public Works Department - Brad Watson 1. Discussion on The Courtyards at Ten Mile Off-Site Improvements: De Weerd: Thank you. Well, it sounds like you're busy. Item E is our Public Works Director Brad Watson. Wardle: Madam Mayor, I'm actually going to just kick this off real quick. I have asked Brad to bring this forward as a department report. I received a call from the folks that we saw here last week about a clarification for The Courtyards and through some staff direction asked Brad to give this as a report and ask for direction from the Council. De Weerd: Okay. Watson: Thank you, Madam Mayor, Council member Wardle. It's my understanding from speaking with Brad Hawkins-Clark this afternoon, that -- and he had been in conversation with Doug Campbell this morning, and I think Tom Bevan as well, the -- just a real quick rundown. It sounds like ACHD is completely on board with the improvements they are planning at that intersection. There is an issue with a Qwest junction box on the southeast corner that is going to take some time to resolve and get relocated. It's my understanding that they can get this improvement made in 45 days. I'm not sure if that was a requirement that came -- that Brad imposed or if that was an offer that they could meet -- a time that they could meet. I think what the -- what the issue is is that they would like to be able to get four certificates of occupancy on buildings that are going up right right now or practically finished, with a letter of credit posted for those improvements. This is a somewhat unique situation for the -- well, building, engineering, and the Planning and Zoning Departments, because we won't issue a certificate of occupancy unless all city requirements are done. Usually that entails water, sewer, pressure irrigation, landscaping, fencing, those sorts of things, and we don't have an off-site roadway improvement, so that's what makes this a little bit unique to us. As far as actually issuing the COs, it doesn't affect the building or engineering department to any degree and probably even the Planning and Zoning. This is the off-site improvement that -- which is normally beyond the bounds of our inspection or authority. So, I guess we are just looking for some direction from Council on whether or not the proposal is acceptable and I'm sure Mr. Bevan would be available to clarify anything I have managed to mess up during that. De Weerd: Okay. Thank you, Brad. Mr. Bevan. If you will, please, state your name and address. Bevan: Tom Bevan, 4202 North Marcliffe, Boise. 83704. De Weerd: Thank you. Mendian City Councii Aprii 26, 2005 Page 190f32 Bevan: Thank you. De Weerd: Do you have anything to add to that? Bevan: Well, actually, no. I just basically came to listen tonight. Whatever you want me to do, that's what we will do. I didn't -- you know, we have talked about this a number of times, but we just want to do what you want to do. If you want to put the road in, we will put the road in, the lanes and just -- what happened, basically, is after that meeting last time -- what was that, Tuesday? We went to -- you know, sat down and talked about it and we talked about different things that we could do and I said, well, let's just put it in. If that's what they want, let's put it in. So, I took my project manager, woke him up at 7:30 every morning, at his house at 8:00 o'clock, and we just started making the rounds, what do we got to do to get this done, and we got great cooperation from the city, we got great cooperation from the county, and we got -- the ACHD said they would do it, they would do it on a fast track, which they did. We appreciated that. Went to Jerry over at Concrete Paving -- I mean Asphalt Paving and he could get right out next Tuesday. That was great. Went to the -- and we got to this phone box that's around the corner. The phone box on the corner, we went to Qwest and that's where we hit our snag, four to six weeks. So, I said, well, you know, let's do what we have to do, if we can go in and talk to someone, maybe they can give us some type of a variance. The problem I have is the people that built the buildings, they -- they had a problem, but they were granted a variance and so they could get occupancy and so we are holding them up. So, they wrote me a letter and said we are going to charge you a hundred dollars a day between now, because we can get an occupancy -- until I can get them an occupancy. So, I thought, well, okay, I got to pay a hundred dollars a day. So, what I would like to do is just see if I can get four occupancies and solve that problem and, then, we will get the thing done. . Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Now, Tom, is this going to be a permanent lane deal? I thought we had discussed last week and Council -- Christine and Shaun remind me if I'm wrong, but I thought there is no sense of -- we kind of discussed that there is -- you know, there would be no sense in going out there and putting in some temporary turn lanes when next year I believe was on the scope -- Donnell: '07. Bird: '07. That's right. '07. Is on the scope to have the complete intersection done right and this is -- I just felt that we were throwing money on top of money, you know, that we don't need to be doing and I thought that was in agreement with -- with Public Works with Brad Hawkins-Clark and I thought we had basically took care of it. I didn't know. Maybe I was off base or something. Meridian City Council April 26,2005 Page 20 of 32 De Weerd: agreement. Mr. Bird, what would be necessary is to amend the development Bird: That's what we did. De Weerd: And they would have to come back with an application, we would have to have a Public Hearing on it and invite the neighbors to come in for their comment. It sounds to me like the developers have discussed that and found probably the quickest way of moving forward is to put some turn lanes in, because you still don't know what the outcome would be after the Public Hearing and gaining testimony from those who are looking for those lanes to go in. Bird: I agree, but there is an obstacle there that is not going to allow them to put it in. De Weerd: Mr. Nary, is there an opportunity to allow that temporarily in light of the stipulation in the development agreement? Nary: Well, Madam Mayor, I guess there really isn't -- there really isn't a temporary way to allow that. I mean I think you have to have some assurance it's going to get accomplished. I understand Mr. Bevan's concern, that another four to six weeks and the cost of that and we are certainly eating up the cost on what we are -- essentially, the benefit we are getting. I guess the original discussion we had had is if there is some other way to provide that level of assurance and I think that's something the Council certainly can consider is is there some way that Mr. -- we use bonds a lot, but this one is kind of hard to bond for necessarily, but something to make some specific assurance that it's going to get accomplished. That's the only real leverage we have is giving that certificate of occupancy to make sure it gets done. So, I guess I would -- I don't have a better suggestion than something that the Council or maybe Mrs. Canning or Mr. Watson have some way to get that level of assurance that it's going to get completed. I recognize there is this temporary setback and we don't necessarily want to wait another six weeks, but -- De Weerd: Mr. Wardle. Wardle: Madam Mayor, just to address staff's concerns, this is, essentially, a staff level review, which was brought forward to us last week, because of some discrepancies within the development agreement and so if we are inclined to do this -- and this is, again, something that I asked Brad to bring forward, so we could discuss, my preference would be to have the staff be able to do that. They are asking for four occupancies currently. My personal opinion is the city needs some assurance that this will be done in a timely manner. The developer, as well as the county, as well as all the parties involved have said 45 days. We can take that to the public and let them know that in 45 days something will be done or, again, a letter of credit will be I assume forfeited, but those are kind of legalities and that's kind of where we are at. Mendian City Councii Aprii 26. 2005 Page 21 of 32 Bevan: Well, I would be glad to put up a letter of credit to make sure they are done and I appreciate that, if you would let me have these four occupancies and guarantee I'll never be back asking for something like this again, I can guarantee you that. De Weerd: Now, that's a guarantee. Bird: And then don't -- Nary: That's why we type all of these things out, so - Madam Mayor, I think -- at least with that level of specificity of the number and the time period, at least allows the Mayor and the Council to be able to revisit the issue in that time period again, if it's not going to get accomplished or what and I guess the only reason I have a concern is if you have other adjoining properties that have similar issues of access, right across the road to the north and right across the road to the west and they are going to have the same issues of access points and turn lanes and all of that, so we want to make sure this gets done or we are going to not be waiving it for one, we would be waiving it for everyone. Bevan: Can I just make one -- Qwest is the longest lead item we have and they have told me four to six weeks. That's 45 days. So, if Qwest -- you know, we are at their mercy. Everybody else has said they'd get right on it and so we filed the application to move it already today with Qwest and so I'm hoping that it's, you know, four to six weeks, when they said 45 days, I think we meant that that's the Qwest deadline, not -- we are going to do this as immediately as we can. As soon as that thing is moved, we are going to do it. We have got the contractor lined up, we have the ACHD on line and we are going to do this very quickly, but that box is the stopping point. Bird: That's right. De Weerd: So, you won't come back for additional occupancy until that's done? Bevan: Right. De Weerd: Okay. Bird: But what he's saying, Madam Mayor, is he needs more than 45 days and I agree with him, because there is a lot of -- De Weerd: And that's true, but he won't come for more occupancies until it is done. Bird: That's -- we can stop that. Bevan: Yes. Wardle: Madam Mayor? De Weerd: Yes. Mendian City Councii Aprii 26, 2005 Page 22 of 32 Wardle: I guess my question would be how much time would be reasonable? Is 60 days reasonable? Bevan: Yes, sir. Wardle: Okay. My preference would be, then, to place first a letter of credit and to have that as a provision that the letter of credit be forfeited if it's not completed within 60 days. Bevan: Very good. Wardle: As long as you're comfortable with that. Bevan: Yes. Comfortable. Thank you very much. Wardle: Thank you. De Weerd: All right. I guess I would offer, if you want to give me a copy of that, we could certainly call Qwest as well from our office and see if there is any way we can get that moved forward. Bevan: We would sure appreciate that very much. Thank you very much. De Weerd: Okay. Anything further from Council? Okay. Are we clear the direction we are going in releasing the four occupancies and -- and limiting them, Council, on any further occupancy permits until that improvement is made? Wardle: Madam Mayor, just a clarification. Brad, Anna, is that enough direction or would you like a motion? Canning: Madam Mayor, Members of the Council, I just want to clarify one thing. These are multi-unit buildings, so are we talking four structures or four units? Bevan: Four structures. Canning: Okay. Bird: You're talking about 16 units? Bevan: Four buildings. Bird: You're talking about four buildings. That's what I thought. So, we are talking about 16 occupancy-- Bevan: Out of 14 buildings we are asking for four. Meridian City Council Apnl 26, 2005 Page 23 of 32 Bird: Well, you're talking about 16 COSo Bevan: Yes. Bird: Because they are separate individual deals. Bevan: Yes, sir. Bird: There was -- there was some misconception that you were just talking about one building, four units, by some people. Bevan: Oh. Well, I'm sorry that that -- Bird: And I knew that it was four units. You're talking about 16. Donnell: I think I understood that it was four four-plexes. Bevan: Four four-plexes. Yes, ma'am. Donnell: Yeah. What did you think? De Weerd: Well, that's up to you, Council. Wardle: Madam Mayor? De Weerd: Yes, Mr. Wardle. Wardle: I move that we direct staff to release occupancy on four multi-family units within the Ten Mile -- The Courtyards at Ten Mile development and to provide from the developer a letter of credit and 60 days to complete the off-site improvements required by the development agreement. Donnell: Second. Bird: Discussion. De Weerd: Yes, Mr. Bird. Bird: I can't vote for this thing the way it was stated, because what if they have got a -- what if they got a unit out there that's got six occupancies -- or six units? Let's state it 16 COso Wardle: I believe the motion was just four multi-family units. Meridian City Councii Aprii 26, 2005 Page 24 of 32 Bird: Yeah. And that multi-family could be -- one unit could have six, one unit could have eight, one unit could have four. I realize these are all fours out there, but I would -- before I vote for it, I want an exact number, like 16, Wardle: Are they-- Bevan: They have four units. Sixteen would be -- Wardle: The maker of the motion would revise his motion to be 16 -- release the certificate of occupancies for 16 dwelling units. Donnell: And the second agrees. Bird: Okay. Bevan: Thank you. De Weerd: Okay. Any further discussion? Mr. Berg. Roll-Call: Bird, yea; Rountree, absent; Wardle, yea; Donnell, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: If you will, please, get that to my office tomorrow, so we can get this going as soon as possible. Bevan: I certainly will. Thank you very much. Thank you all. Donnell: Thanks. Item 7: (Items Moved from Consent Agenda) De Weerd: Okay. There were no items moved from the Consent Agenda. Item 8: Public Hearing: Review of the Louisiana-Pacific Corporation Business Expansion Project activities and accomplishments to date which shall include a summary of all expenditures to date, a general description of the remaining work, and any changes made to the scope of work, budget, schedule, location, objectives, and / or beneficiaries for the Idaho Community Development Block Grant: (To be continued May 3, 2005 for LPC Presentation) De Weerd: We will move to Item 8. Public Hearing -- do I understand, Mr. Nary, that this is being postponed until next week? No? Okay. Meridian City Councii Aprii 26. 2005 Page 25 of 32 Berg: Madam Mayor, if I could -- before you open the hearing, because Louisiana Pacific was unable to come and present or give you an update on their project, they would like it continued until next week, so that they can do their portion, but we advertised it and we have a gentleman from Sage that will be here to present the update on the expenditures to date. De Weerd: Okay. Great. Thank you for that clarification. I remember seeing something come through. Okay. I will go ahead and open the Public Hearing, Item No. 8, review of Louisiana Pacific Corporation Expansion Project. Augustine: Good evening, Madam Mayor, Members of the Council. My name is Carl Augustine. I'm a planning specialist for Community Economic Development with Sage Community Resources. As you are aware, the issue you have before you is a Public Hearing and these Public Hearing formats always start out with an orientation to address the issues required by the HUD regulations concerning the Idaho Community Development Block Grant funding. So, bear with me as I provide you and the other members present with this information. Once I conclude, I will, then, turn the floor back to the Mayor and Council, who will, then, open up the Public Hearing for comment. Nary: Madam Mayor. Sorry to interrupt before you begin. My office and myself received a number of requests from people that were interested in this issue, but they also saw on the -- including Louisiana Pacific, but also members of the community, probably not to really talk about the grant regarding Louisiana Pacific specifically, but because they saw on the agenda that it was going to be continued, I don't know that's why people aren't here and I hate for Mr. Augustine to go through this -- this part of the presentation and, then, more people show up next week and have to go through it again, so they understand context of what we are talking about. Augustine: That's all right. I will be present next week and I will provide this information again next week, since it's being continued over two Council meetings. Nary: Okay. I just didn't want to make it redundant for no reason, but just seeing -- I don't know if people will come, but I certainly had a lot of e-mails and calls, so -- De Weerd: Okay. Mr. Augustine, do you want to just go ahead and wait until next week to do the presentation or are we meeting some kind of a time frame? Augustine: Well, it's more one of those procedural kinds of things that you have to do. You do have to do a Public Hearing and I guess if there is no one else here present, then, maybe it makes -- by the way, this is my coworker here. De Weerd: Okay. He's not going to provide -- Augustine: He's doing some observation for training purposes this evening and so it's really at our pleasure. Meridian City Council April 26, 2005 Page 26 of 32 De Weerd: Council, what is your pleasure? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: If it isn't a requirement, I'd just as soon -- I have to agree with Mr. Nary that I would prefer to have him present this next week and us to continue this Public Hearing, which you have already opened, I believe, until May 3rd, so that if there is anybody that wants to be here can be here. Right now what he's going to be giving is just to us and I think that I would prefer to wait and do the whole thing next week. Donnell: Madam Mayor? De Weerd: Mrs. Donnell. Donnell: Just for clarification, as I read the description of this hearing, my concern would be, Mr. Nary, that the people that are interested in this are more interested in, you know, the noise issue, rather than actually what this says, which is really the description of what the block grant is all about. Is that right? So, my question is if we continue this until next week and folks come, because they are concerned about the noise and they sit in our -- in the audience and they listen to a discussion about the block grant, will that not be annoying to them? And, if so, then, should we not just listen to this description of the block grant this evening and, then, not next week -- or do we have to listen to it then, again, next week? Nary: Madam Mayor, Members of the Council, Councilmember Donnell, part of the reason, unfortunately, that it was set over to next week is because Louisiana Pacific couldn't be here to also give you the update. I totally agree with you, I don't believe a majority of the people understand the context of the hearing. The only reason I suggested in not hearing the presentation tonight is so that they can hear what the context of the hearing is about before they testify. There are a number of folks that have contacted my office, either through e-mail or the phone, that do tie this expansion to the noise increase. So, there probably will be some people that will raise that issue of the connection of those things, but my fear is if they don't hear the context of what the hearing is about and we hear it tonight, they are going to come and all they are going to talk about is noise and nothing else. So, I think it might be more of a free for all if you don't hear them in sequence that way. Donnell: Okay. Augustine: I will say under the circumstances, Madam Mayor and Members of the Council, where there is a continuance or we do two public hearings, we read this twice, irrespective, so that anybody who is in attendance would understand it and I understand from what you're saying, Councilwoman Donnell, that you all have been provided a copy of -- so to speak, in terms of what I'm going to say. Meridian City Council April 26, 2005 Page 27 of 32 Donnell: Yes. Yes. Augustine: The advertisement in the Valley Times did explain specifically what the project's about and, you know, if they want to come and make comments about a noise related sort of thing and make the nexus between the two issues, certainly that's what citizen participation is all about. Donnell: Madam Mayor? De Weerd: Mrs. Donnell. Donnell: Follow up, then. So, Mr. Augustine, are you saying, then, it has to be read twice, whether it's tonight or it has to be next week and, then, another week? Did I misunderstand you? Augustine: No. You only have to do one Public Hearing. The only reason we are doing the continuance is simply to accommodate Louisiana Pacific officials. However, if you want me to read it tonight, that's fine. If you wish to decline and defer it until next week, you certainly can do that. But anytime we do have that meeting and there are people present -- in this particular case there isn't, and you already have the text of what I'm going to say, given the hour, I would stand down and -- Donnell: Oh, this is early. This is early. De Weerd: The hour is early. Yes. I think the preference would be to hear it once and not -- Augustine: Although I have been told my oratory is quite spellbinding and if you would prefer me to wax nostalgic, I could. De Weerd: Well, good, we will look forward to next week. Donnell: I'm excited. De Weerd: Mr. Wardle. Wardle: Madam Mayor, with that I move that we continue the Public Hearing on Item No.8 to next week, which is May 3rd. Donnell: Second. De Weerd: Okay. It's been moved and seconded to continue this Public Hearing to May 3rd. All those in favor say aye. All aye. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. Mendian City Councii Aprii 26, 2005 Page 28 of 32 Augustine: If I may, Mr. Berg has indicated that it is your standard procedure to put Public Hearings at the end or toward end of your City Council meeting. Usually these things move rather quickly. This usually takes about five or ten minutes in most settings, so I don't know if you might want to consider moving it to the front, but I guess if we are going to have -- yes, you could follow your standard procedure. Bird: We never know. De Weerd: It's hard to say, but since this is continued, it will have the first position in the Public Hearing section. How is that? Donnell: Thank you. De Weerd: Thank you for joining us and we apologize. You will have to join us again. Donnell: Uh-huh. Take the tub. Item 9: Ordinance No. 05-1141 Licensed Alcohol Establishments and Prohibitina Two License Establishments within the Same Premise: (Third Reading - Public Comment will be Accepted): DeWeerd: Okay. Item No. 9 is Ordinance No. 05-1141. This is the third reading. Mr. Berg, will you, please, read this by title only. Berg: Thank you, Madam Mayor, Members ofthe Council. Ordinance No. 05-1141, an ordinance amending Title 3, Chapter 2, Section 2 of the Meridian City Code regarding amending the requirements for licensed alcohol establishments and prohibiting two licensed establishments within the same premise, providing a savings clause and providing for a summary and providing an effective date. De Weerd: Thank you. And I don't think I need to ask if anyone wants to hear it read in its entirety, because it would only be Council. Okay. This was the third reading, so we can -- Mr. Nary, I assume we can go ahead and move to -- Nary: Madam Mayor, that's correct. We are seeking public comment, you don't need to close the hearing or anything like that, you can proceed, if there is approval for the ordinance. I just wanted to put on the record Mr. Bates was here prior to the meeting, he had the same question that's been asked a couple of times, including by Council, regarding the addressing of his establishment. I told him, again, as we discussed, that as long as you can designate a suite or a premise within that facility -- I spoke with Mr. Freckleton from our development services division, he also was comfortable that we could find the ability to address, even if it's a closet, as long as they had a separate entrance or some way that the post office could deliver mail to it, so there was not a concern that we couldn't do that. Mr. Bates said that that was fine with him, then, he wasn't going to stay for that, but I wanted you to know he was here -- he's the only one Meridian City Council April 26,2005 Page 29 of 32 that I think has ever been here on this particular one, so I just wanted you to be aware he had come and decided to leave. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve Ordinance 05-1141. Donnell: Second. De Weerd: It's been moved and seconded to approve Item 9. Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, absent; Wardle, yea; Donnell, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 10: Establish date of Budget Hearing. De Weerd: Thank you. Item 10 is to establish a date for our budget hearing. Did we have a suggested date? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: August works out pretty good, if you guys -- it's a five Tuesday month and I'd like to have that public budget hearing starting at 6:00 o'clock on August 30th, 2005, if the rest of the Council -- it's only a one item deal, we can get in and get out. Donnell: August 30? Bird: August 30th. De Weerd: Depending on if our department directors do anything contentious with their budgets. Berg: Madam Mayor, this is the date that the finance department had kind of put their tentative schedule line out, hoping that that would be the -- should I say the furthest or the closest we could get to get this approved, so we can get our L-2 form to the county, De Weerd: My comment was only on how quick we get in and get out. Bird: We will get in and get out. Meridian City Council Apn126,2005 Page 30 of 32 De Weerd: Okay. Do I have a motion to set the date? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we approve August 30th, 2005, for our public budget hearing. Wardle: Second. De Weerd: Okay. It's -- the motion is to set the date -- Bird: I'm sorry, Mayor. 6:00 o'clock. Would you add that to it? De Weerd: Does second agree? 6:00 o'clock? Wardle: Just because it's not my birthday that day. Finally. De Weerd: August 30th, 6:00 o'clock. Mr. Berg, do I have to call roll on this? Okay. All those in favor say aye. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 11: Executive Session per Idaho State Code 67-2345(1)(f)(a): De Weerd: Thank you. Okay. Item 11 is the Executive Session. Mr. Bird. Bird: Madam Mayor, I move we go into Executive Session as per Idaho State Code 67- 2345(1 )(f) and (a). Wardle: Second. De Weerd: Okay. Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, absent; Wardle, yea; Donnell, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. EXECUTIVE SESSION. De Weerd: I would entertain a motion to come out of Executive Session. Bird: So moved. Donnell: Second. Mendian City Council Apn126,2005 Page 31 of 32 De Weerd: All those in favor say aye. ALL AYES. MOTION CARRIED. De Weerd: A motion to adjourn? Bird: No, don't we have - we had something we needed to act on after we come out. De Weerd: We do? Bird: Bill's uh - Donnell: I think that was just direction to him to write the letter. Bird: That's why we need to do it here. That's right. De Weerd: It just comes out of his office to write it to the Treasurer's Office. Bird: Still need to make it as a motion in the public, asking - I think because it deals with a contract. De Weerd: Yeah, but it doesn't have anything to do with the contract. It's just asking them to start that service right away. Donnell: Exactly. Bird: Okay. Donnell: Which isn't our business. De Weerd: Okay. Motion to adjourn. Wardle: So moved. Donnell: Second. De Weerd: All those in favor, say aye. Mendian City Councii Aprii 26, 2005 Page 32 of 32 ALL AYES. MOTION CARRIED. MEETING ADJOURNED AT 8:41 P. M. (TAPE ON FILE OF THESE PROCEEDINGS) ~~~ ~~~ DATE APPROVED