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HomeMy WebLinkAbout2007 05-08 Meridian City Council Meetina Mav 8. 2007 The regular meeting of the Meridian City Council was called to order at 7:05 P.M., Tuesday, May 8,2007, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, David Zaremba, Keith Bird, Charlie Rountree and Joe Borton. Others Present: Ted Baird, Will Berg, Len Grady, Bill Musser, Joe Silva, Keith Watts, and Dean Willis. Item 1: RolI..call Attendance: Roll call. X David Zaremba X Charlie Rountree X X Joe Borton X Keith Bird Mayor Tammy de Weerd De Weerd: I will go ahead and call this meeting to order. It is Tuesday, May 8th. It's 7: 05. Thank you for joining us here this evening. Mr. Berg, will you, please, call roll. Item 2: Pledge of Allegiance: De Weerd: Tonight we will be led in the pledge by Chris Blaine. He is a student at -- a senior. So, aren't you getting senioritis that you would rather spend your time anywhere but here? But he will lead us in the pledge tonight. If you will all rise. (Pledge of Allegiance recited.) Item 3: Community Invocation by Pastor Shawn Ragan with Church of God Seventh Day: De Weerd: Chris, if I could give one of our City of Meridian pins and thank you for leading us. And good luck with the extra credit. I think that pin and leading us in the pledge should get you extra points. So, make sure you tell your teacher that. Yeah. It will be online in the minutes. You could prove it even. Okay. Item 3 is our community invocation. Tonight we will be led by Pastor Shawn Ragan with the Church of God Seventh Day. If you will all join us in the community invocation or take this as an opportunity for a moment of reflection. Pastor. Ragan: Thank you. Shall we pray? Oh, God, our Heavenly Father, who loveth mankind and art most merciful and compassionate. Lord have mercy on our city and on our Mayor and Council. Direct them in the path that you would have them walk according to your will for our city and our community. Give them wisdom in the decisions they make tonight and guide them and all of those who serve on our behalf throughout the week, that they may accomplish the tasks set before them. Watch over Meridian City Council May 8, 2007 Page 2 of 18 our police and fire departments, protect them and keep them from harm's way as they work to protect us. Be with each officer as they work to keep us safe. Watch over all of those who are in need in our community, the sick and the dying, the hungry and the poor, help us to reach out in Christian love to each person in Meridian, especially those who are struggling. Watch over our armed forces both those serving at home and abroad. Protect them as they serve our country and keep us safe from those who seek to harm us. We thank you, oh, Father, for all that you do, for your great love and mercy, and we ascribe all glory and honor to your holy name, of the Father and of the Son and of the Holy Spirit, amen. Item 4: Adoption of the Agenda: De Weerd: Thank you, Pastor. Item NO.4 is adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird: Bird: Seeing how I didn't get the resolution numbers, I need to -- 07 what? Okay. We have had no request to change any of our agenda. Items D, E, and F on the Consent Agenda is Resolution Nos. 07-558, 07-559, and 07-560 and with that I move that we approve the agenda as published. Rountree: Second. Zaremba: Second. De Weerd: Okay. I have a motion and a second to approve the agenda as noted. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 5: Proclamation for National Historic Preservation Month: De Weerd: Item 5 is a proclamation for National Historic Preservation Month. So, you know, we can ask Frank if we have any questions about what currently -- actually, Frank, if you wouldn't mind after I read this proclamation, if I can present it to you and maybe you can tell us what the Historical Preservation Commission is up to. Okay. Whereas, historical preservation is an effective tool for managing growth, revitalizing neighborhoods, fostering local pride and maintaining community character, while enhancing livability and, whereas, historical preservation is relevant for communities across the nation, both urban and rural, and for Americans of all ages and all walks of life, and all ethnic backgrounds, and, whereas, it is important to celebrate the roll of history in our life and the contributions made by dedicated individuals in helping to preserve the tangible assets of the heritage that has shaped us as a people and, whereas, making preservation work is the theme for National Preservation Month, May Meridian City Council May 8, 2007 Page 3 of 18 2007, cosponsor by the City of Meridian Historic Preservation Commission and the National Transfer of Historic Preservation. Therefore, I, Tammy de Weerd, Mayor of the City of Meridian, do hereby proclaim May 2007 as National Preservation Month and call upon all the people of the City of Meridian to join their fellow citizens across the United States and recognizing and participating in this special observance. And I will just hand it to you, Frank. But if you can give us an overview, we would enjoy that. Thomason: Thank you, Madam Mayor, Members of the Council. I seldom am asked to speak before this body. As a -- just as a prelude note, I trust the new City Hall will include at least one or more armchairs wide enough to accommodate my amplitude. I have been on the Historic Preservation Commission for over ten years -- ten to 12 and along with Tom Hammonds. I'm very proud to serve as part of the dynamic group and as part of a process whereby there is more input from the HPC into the processes whereby applications are brought to the city and, then, reviewed and ultimately approved. In the last year the City of Meridian added two buildings to the National Register of Historic Places, making a total of six, and on June 5th, following a chamber luncheon, we are having a signage event for the two new buildings. One's on the southwest corner of 2nd and Pine. The other is the Dorian Studio building across from the post office. Meridian does not have what's called an Historic Preservation District, that is a cluster of buildings that are adjacent to where you can actually have a district, but a year or two ago we came up with an approach that the city is actually following, whereby the new projects, including mixed use and the new City Hall, will incorporate certain features that lend itself to the appearance of the historic district and in some cases actual materials, as in the case of the bricks. That's very exciting. And as a member of a former -- one of the many hundreds of former creamery families in the area, I couldn't be more proud of this city for its leadership and for the direction in which you're taking us. It is extremely exciting and thanks to the support of the City Council and some very timely personal input from the Mayor, we, as a group, are becoming more involved with projects to provide input, that I think will ultimately benefit not just the downtown core where we started with our consultant, but also the city as a whole and as we expand to Ten Mile interchange is a good example of that. A developer recently came to us through the city to ask us what could be done to preserve and salvage some of those materials and we are working with that developer and we are extremely excited and I just want to say thank you for the opportunity to serve on the commission and I am looking forward to the new city Hall with great anticipation. Any questions, I will be glad to try and answer them. De Weerd: Thank you, Frank. Council? Rountree: No. Thank you. Zaremba: Thank you. De Weerd: We appreciate your stepping in at the last moment and -- Thomason: I am honored. Meridian City Council May 8, 2007 Page 4 of 18 Item 6: Consent Agenda: A. Findings of Fact and Conclusions of Law for Approval: AZ 06- 065 Request for Annexation and Zoning of 22.30 acres from R1 to a C-G zone for Ahlauist Annexation by Ahlquist Development, LLC - Southeast Corner of the intersection of Eagle Road and Franklin Road: B. Findings of Fact and Conclusions of Law for Approval: PP 07- 007 Request for Preliminary Plat approval of 11 commercial lots on 19.30 acres in the proposed C-G zone for Gardner-Ahlauist Gatewav Subdivision by Ahlquist Development, LLC - Southeast Corner of the intersection of Eagle Road and Franklin Road: C. Findings of Fact and Conclusions of Law for Approval: VAR 07-006 Request for a Variance to UDC 11-2H-4 to allow an existing approach to Eagle Road (SH 55) to remain as part of the intensification and change in use proposed for the property for Gardner-Ahlauist Gatewav by Gardner-Ahlquist Development, LLC - Southeast Corner of the intersection of Eagle Road and Franklin Road: D. Resolution No. 07-558 : Amendment to the Standard Operating Policy and Procedure Manual Regarding Appropriate Clothing Attire for Work Purposes, and Procurement: E. Resolution No. 07-559 : Amendment to the Standard Operating Policy and Procedure Manual Regarding Electronic Mail: F. Resolution No. 07-560 : Amendment to the Standard Operating Policy and Procedure Manual Regarding On-Call I Call Out Duties and Compensation: G. Approve Water Main Easement Aareement for Pleasant Vallev Office by Pleasant Valley, L TP: H. Approve Memorandum of Understandina with DMHR Development. LLC - Gemtone No. 5 Irrigation Reimbursement for $17,900.50: I. Approve License Aareement with Nampa & Meridian Irriaation District for a 10 inch Water Main under the Nine Mile Drain within the Taylor Subdivision: Meridian City Council May 8, 2007 Page 5 of 18 De Weerd: Okay. Item 6, our Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve the Consent Agenda, which Item D is 07-558, Item E is 07- 559 and Item F is 07-560, resolution numbers, and with that I move we approve it and for the Mayor to sign and the Clerk to attest on all papers. Rountree: Second. De Weerd: Okay. I have a motion and a second to approve the Consent Agenda as stated. Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 7: Items Moved from Consent Agenda: De Weerd: Okay. There were not items moved from the Consent Agenda. Item 8: Public Hearing: Proposed Issuance by the Colorado Educational and Cultural Facilities Authority of its Adjustable Rate Demand Revenue Bonds, Series 2007 for Cole Valley Christian Schools Project: De Weerd: Item 8 is a Public Hearing on the proposed issuance for Cole Valley Christian School. I will go ahead and open this Public Hearing and ask if there are any comments from the public. Mr. Berg, do you have a statement on this to read, so that-- this is some bonding and funding that Cole Valley Christian School is pursuing. As part of that bonding requirement they do have to issue a Public Hearing. The city is offering this as -- to help them fulfill their requirements and it requires no action, just a Public Hearing. Mr. Berg. Berg: Thank you, Madam Mayor. You said it pretty well, but I will just read a bottom sentence that you will sign it and I will attest to on the document. The City of Meridian will not bear responsibility for this tax exempt status of the bond, the debt service on the bonds, or any matter related to the bonds. We are holding a Public Hearing for these bonds and for the school and for the bondholder and that's all our obligation is. So, we are just doing it as a service to them and I think all the obligations that they need to have will be met. And if the attorney has anything else to add he can. Baird: Madam Mayor, Members of the Council, that says it all. My notes, in preparation, were just to reemphasize that this is not a pass through like you have done Meridian City Council May 8, 2007 Page 6 of 18 for other entities and we have no responsibility whatsoever, as you said before, and it appears that no one is here to take advantage of that. De Weerd: Okay. Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. Zaremba: I would just like to add to the record that this would have been given the standard public notice and since it appears that we did not attract anybody to speak on it, just for the record, that adequate notice has been given that people could come on this matter and apparently they didn't, but at least they were notified. De Weerd: Okay. So, no public comment. Seeing none-- Rountree: Question, Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: For Ted or Will, either one. Is there a period of time in which the hearing needs to remain open or can it be closed and the transcript sent to the applicant? Baird: Madam Mayor, Members of the Council -- Rountree: Some of these require -- Baird: This was -- this is the time and the place. We anticipate that you would make a motion to close the Public Hearing this evening and forward the record on. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: If there is no public testimony, I move that we close the Public Hearing for Item No.8, on the Colorado Educational and Cultural Facilities Authority of its Adjustable Rate Demand Revenue Bonds, for Cole Valley Christian School, and forward the transcript of this Public Hearing to the applicants. Bird: Second. De Weerd: Okay. I have a motion and a second to close the Public Hearing. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Meridian City Council May 8, 2007 Page 7 of 18 De Weerd: We will proceed with forwarding the appropriate documents to the school, so they can move forward on this item. Thank you, Will. Item 9: Public Hearing: Pawnbrokers Ordinance License Fee: Ordinance Amending Title 3, Chapter 5, of the Meridian City Code Regarding: License Fee; Section Numbering; and Providing for a Waiver of the Reading of RULES; and Providing an Effective Date: De Weerd: Okay. Item No. 9 is the Public Hearing for our Pawnbrokers Ordinance License Fee. I will open this Public Hearing and invite any members of the public to come forward if you have testimony. Council, I guess I would say that we visited this ordinance last year in detail. We had participation from our local pawnbrokers. I think there is two or three businesses -- two? And one of the things that we didn't do is establish the license fee itself, so this is coming back to establish that, so we can put that into practice. Seeing no public testimony, I would entertain a motion to close the Public Hearing on this item. Zaremba: Madam Mayor, I would have some discussion. De Weerd: Okay. Mr. Zaremba. Zaremba: And I don't know whether that needs to be before the Public Hearing is closed or not, but -- De Weerd: I think it's appropriate. Zaremba: Okay. If I may. I have noted a couple things that I would like to ask -- I'm pointing to the clerk that the list of City Council members does not include me at the moment. In the section where it says -- exactly talking about pawn shop employees, which is Section 5 -- I'm sorry, 3-5-56, it looks like, or 5.6, on 0 it says no pawnbroker shall employ a person who has been convicted of a felony or theft-related offense. This is a semantic question, I guess, whether we should emphasize that by saying any felony or any theft-related offense. And I don't know if that requires any discussion, but -- then, under 3-5-9.10, it looks like, records, paragraph B-3, it says that one of the records that they need to keep is the nature and date of the transaction and, then, identification number. Nowhere else does it say how that identification number is derived and I would suggest that we add that -- specifically that identification numbers are to be either sequential or serial, whatever you would call it, and that they keep a log of those numbers, so that they just don't make a random number. Under -- this is also under records. Same paragraph, but now section four, where it says the record they need to keep is a complete description, then, there is some special things that need extra records, jewelry, vehicles, and firearms and, again, I pose this as a question, I guess. Now that digital photography is so easy, would it be fair to require each pawnbroker to have a digital camera and actually take a picture of the item to include in the record. And I would ask the same question about paragraph five, can they not take a picture of the seller and include that in the record. This may be a question for our attorney. But Meridian City Council May 8, 2007 Page 8 of 18 anybody who chooses to do business with the -- and since the stated goal of this policy is to limit the opportunity for stolen goods to be passed along and anybody that has legitimate dealings with a pawnbroker should be willing to have their picture taken and I don't see that as an expensive or difficult burden on the pawnbroker. I'm suggesting these things for discussion, if anybody has an opinion on them. Anybody want to discuss that or should I go on? De Weerd: I don't know if I should suggest either our attorney or our chief of police. think he came prepared to talk about the fees. Zaremba: Oh, I'm sorry. Baird: I do have a suggestion that regard, Madam Mayor and Members of the Council, and Councilmember Zaremba. You're pointing out some good things. I have already lost -- I have already fallen behind in taking notes on this. Tonight's hearing was, indeed, noticed up for -- as specific to the fees. I think we would owe it to the pawnbrokers, pawn shop operators, if we were going to make additional changes to have a new hearing and come forward with the list that you have got perhaps. So, maybe the thing to do is to meet with police and legal and the things that you're pointing out are very well taken and maybe we can come back again with another ordinance. Zaremba: I apologize for complicating the hearing. I, actually, agree with and have no comment on the fees and I will sit down with the attorney and the chief of police and discuss my handwritten notes on the other subject offline. De Weerd: We appreciate you read it. Berg: Madam Mayor, if I can just say that we did send this information on the changes - - the proposed changes that dealt with just the fees to both the pawnbrokers. They knew that was coming up, because we did say this was the freebie year that we didn't get -- we weren't able to charge them a fee, but we would get them next year and they -- they understood it was coming. This other information I think that would be a good dialogue to talk to them about, because we did have a good dialogue when we did the changes originally in October and I think it was a good dialogue back and forth with our police department and the pawnbrokers. So, I think these are some good suggestions we need to talk to them about, but like the attorney said, we noticed for this fee change, because we didn't have a fee at all in the ordinance and we had to notice it, because we were establishing a fee. Zaremba: I'm still a rookie, so I can make mistakes at this point. Berg: No mistake. De Weerd: No, not mistakes. Zaremba: Thank you. Meridian City Council May 8, 2007 Page 9 of 18 De Weerd: Okay. Thank you, Mr. Zaremba. Any other comments before I ask to close the Public Hearing? Rountree: I have none. De Weerd: Okay. Do I have a motion? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we close the Public Hearing on Item No.9, Pawnbrokers Ordinance License Fees. Bird: Second. De Weerd: Okay. I have a motion and a second to close the Public Hearing on Item 9. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Okay. Rountree: And the action is to move to approve the fees? Mr. Clerk? Berg: Madam Mayor, Councilman Rountree, I would suggest that you just suggest us to put the ordinance on the agenda. We have to amend the ordinance, because we have to say that there is a fee and, then, we can do that. Rountree: Madam Mayor, question for city clerk and legal attorney. Should we just have that fee in a resolution, so we don't have to amend the ordinance time and time again? Berg: Madam Mayor, in my opinion, which may not be the attorney's opinion, we have a lot of fees established by ordinance and it's not a lot of difference, such as massage therapists and a few others that are established by ordinance. If we raise them more than five percent, then, we have to have a hearing. A lot of fees, especially if there is schedules, are good to have in a resolution, because, then, you can keep up with them and modify them a little bit differently, like, for instance, the parks and recreation. De Weerd: So, we will set this for next week. Does that work? Okay. Item 10: Amended Ordinance No. 07-1292A: AZ 06-048 Request for Annexation and Zoning of 32.75 acres from RUT to a C-G zone (8.74 Meridian City Council May 8, 2007 Page 10 of 18 acres) and I-L zone (24.01 acres) for Creamline Park Subdivision by Creamline Associates, LLC - 1200 West Franklin Road: De Weerd: Okay. Item No. 10 is an amended ordinance, 07-1292A. Mr. Berg, will you, please, read this ordinance by title only. Berg: Thank you, Madam Mayor, Members of the Council. Ordinance 07-1292A, an amended ordinance for annexation of property being a portion of the west one half of the southwest one quarter of Section 12, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and territories situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands from RUT to I-L and C-G in the Meridian City Code, providing that a copy of this ordinance shall be filed with the Ada County assessor, the Ada County recorder, the Idaho State Tax Commission as required by law and providing for a summary of the ordinance and providing for a waiver of the reading of the rules and providing an effective date. De Weerd: Thank you. You have heard this ordinance read by title only. Is there anyone who would like to hear it read in its entirety? Thank you for not saying yes. Council, would you, please, give me a motion. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I move we approve Ordinance 07-1292A, with suspension of rules. Rountree: Second. De Weerd: Okay. I have a motion and a second to approve Item 10. Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 11: Department Reports: A. Legal Department: 1. Discussion of Use of Facilities Hold Harmless Aareement with Joint School District NO.2: De Weerd: To our high school students, usually our meetings are much more boring than this. Thank you for joining us. This is one of the first meetings we have had that we haven't had any land use applications on it. So, you just happen to hit one of the Meridian City Council May 8, 2007 Page 11 of 18 most boring evenings. We would invite you back anytime. Item 11 under Department Reports, we will start with legal with discussion of use of facilities. Baird: Thank you, Madam Mayor, Members of the Council. The agreement that's on the agenda is a resolution of a problem -- let me use a different word. It resolves a problem that we have had in getting the school district to acknowledge that we are not able to give them a certificate of insurance. They are merely a certificate holder. It's a legal distinction that our insurance carrier has steadfastly refused to change and we have got the district to acknowledge that. So, we asking that you approve and the Mayor to sign this agreement, so we can move forward and make use of the shared use of the school district facilities for a variety of programs. De Weerd: Mr. Baird, we sure appreciate the work on behalf of the attorney's office and certainly that with Mr. Freeman to find some kind of compromise and taking the time to explain what our whole -- what parameters have been -- has been difficult at best, but glad to see it finally resolved. Baird: Thank you, Madam Mayor and Members of the Council. Yes, we have had a number of meetings. We have had the attorney for the insurer meet with Mr. Freeman and I'm sure Mr. Freeman has had multiple meetings with his client the school district, and we have reached that common ground that allows our citizens to make use of -- make full use of the facilities that have already been paid for. De Weerd: Thank you. Council, what we need is a motion to approve this and authorize me to sign and the clerk to attest. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve the joint hold harmless agreement with the Joint School District No.2 and for the Mayor to sign and the Clerk to attest. Rountree: Second. De Weerd: Okay. I have a motion and a second on this item. Any discussion? Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, abstain. MOTION CARRIED: THREE AYES. ONE ABSTAIN. B. Mayor's Office: 1. Appointment to the Meridian Development Corporation: Meridian City Council May 8, 2007 Page 12 of 18 De Weerd: Okay. Item B. I have in front of you a request to confirm an appointment to the Meridian Development Corporation for Scott Turlington. He is with us here tonight. He will be replacing Erik Oaas on the MDC board, so that Mr. Oaas can spend his time and attention to the project that he has upcoming here in downtown. I did not open this up again, because we just recently filled a position on the board and our top three were of high interest to us and, Scott, certainly, if you have anything you would like to add, I would invite you forward. You look different than when I last saw you, so when you came in it was just like, boy, that guy looks familiar. Turlington: You weren't sure who you had there, were you, so -- Madam Mayor, I appreciate the opportunity to address you briefly and I will be brief. I don't have a lot to add, but I would just give you a -- just a brief overview of my background and thank you in advance for your consideration of this appointment. I currently work for Tamarack Resort, which is located about 90 miles north of Boise, south of McCall, and in my capacity I'm the vice-president of external affairs and public relations and I handle all the regulatory matters, permitting matters, corporate lobbyists, and affairs of that nature for the resort and I have been with Tamarack for just over three years and prior to that I worked for the governor of Idaho for about five years and prior to that spent some time with one of our senators here in Idaho. So, I have had a chance to travel around this great state quite a bit and I have had the good fortune of calling Meridian home for the last two years, two and a half years, and I was just really interested in this opportunity, when I read about it, so I pursued it and I just look forward to getting involved with MDC and being able to understand more about the rules and helping out where I can and bringing, hopefully, some good ideas to the -- to the board relative to my relationship with Tamarack and being heavily involved with the development there and what's going on, you know, from, basically, the ground up. It gives me a good perspective on community and community building. So, look forward to it and certainly, Madam Mayor, Members of the Council, I would stand for any questions if there are any. De Weerd: Thank you, Scott. Council, any questions? Bird: I have none. Rountree: I have none. Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. Zaremba: I would only comment that I was pleased by the information that was provided in the resume that you provided to the Mayor and I welcome you to this opportunity and as impressed I was with the information you have provided, I hope your interest in activities with Meridian will go beyond MDC as well. Welcome. Turlington: Thank you, Madam Mayor. Appreciate that. Thanks. Meridian City Council May 8, 2007 Page 13 of 18 De Weerd: I think Scott has summarized our interest he brings, the skill set that currently isn't on MDC and, certainly, the experience he has at Tamarack and seeing a village born, has an interest as we have renewal in our own downtown. So, with that said, I would like to put this appointment in front of you for your confirmation. Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: It's my pleasure to move that we approve the appointment of Mr. Scott Turlington to the Meridian Development Corporation Borton: Second. Zaremba: Second. De Weerd: Okay. I have a motion and a second to approve the appointment of Scott Turlington to the Meridian Development Corporation. If there is no discussion, Mr. Berg. Berg: Thank you, Madam Mayor. It's implied that he will fulfill the appointment seat for Erik Oaas. Rountree: For Mr. Oaas. Yes. De Weerd: And just also for the record -- and I did discuss this with Mr. Turlington, this seat will expire in August of this year and I will bring his reappointment to you at this time, unless he convinces me that, oh, man, did he get in over head. And I will put that onus on Councilman Borton and Bird, if that happens. Borton: Fair enough. Turlington: Madam Mayor, I would make mention -- you mentioned the other night the first meeting that I would attend would be in the morning and without the benefit of having my schedule in front of me, I'm committed in the morning for a 7:00 o'clock flight out of town. So, unfortunately, I will miss the first meeting, which probably isn't the best way to start, but -- maybe it is. I don't know, but -- Rountree: It happens to the best of us. Turlington: Well, I would much rather be here -- Bird: We don't pay very much at this job. Turlington: That's what I'm told. Well, you get what you pay for. But I will miss Saturday morning, but would -- I look forward to at east making contact with the other Meridian City Council May 8, 2007 Page 14 of 18 board members to introduce myself, the ones I haven't met yet, and get scheduled to the next one. De Weerd: And I think that works out good, because it gives you a chance to meet prior to your first full board meeting and have some kind of acclamation, too, so -- Turlington: Okay. Thanks. De Weerd: Okay. Thank you. Mr. Berg. Berg: We do have his e-mail address, so we will get him plenty of information to look over. De Weerd: He will kill you with information. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. C. Finance I Purchasing Department: 1. Approval of Contracts for Phase II of City Hall Proiect Packaaes 1-11 for a total Not to Exceed Amount of j5.836.369.35: MJ's Backhoe and Excavation, Inc. $610,314.00 Sidewalks, LLC $655,595.35 TMC,lnc $1,584,760.00 Rule Steel Tanks, Inc $1,847,000.00 Western Roofing, Inc. $182,990.00 Seal Co. $67,182.00 De Weerd: Thank you, Council. Thank you, Scott, for being here tonight. Okay. Item 11-C. Our finance department. You have a load of contracts in front of you. I will have Mr. Watts introduce those. Watts: Good evening, Madam Mayor and Councilmembers. Petra had hoped to get all the contracts here tonight for approval, but we were only able to get six of them signed and executed by the contractors. Those contracts will be MJ's Backhoe and Excavation; Sidewalks, LLC; TMC, Inc; Rule Steel; Western roofing, and Seal Co. So, we will be removing ABS -- Architectural Building Supply, American Wallcovering -- or Wallcover. Custom Glass and Schindler Elevator from the approval list tonight. We will bring those as soon as we get those. I will bring to your attention that we sent out a conditional notice of award -- once you approved the bid awards, we sent out a Meridian City Council May 8, 2007 Page 15 of 18 conditional notice award to all ten vendors, contractors that they could prepare to begin work, start to prepare in their own office. They are not to commence anyon-site work until we have bonds and insurance all verified and, then, they are issued an executed contract with a purchase order and a notice to proceed. And to this date the only contract that I have both bonds and insurance for is Rule Steel. So, they will get their full notice to proceed after you approve the contracts and execute them. The others we will hold until we get their bond and insurance, create a purchase order, and forward that on through Petra. De Weerd: Okay. Thank you. Council? Bird: Madam Mayor? De Weerd: Yes. Bird: Keith, also, we have MJ's over there, but you do have a certificate of -- Watts: Exactly. Yes, we do have it -- that was from a previous agreement with them, yes. Bird: I just wanted that clear at this point. Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: Keith, is that -- I don't know if delay is the right word. Watts: No. Borton: Is that pretty normal in the course of -- Watts: Absolutely. I thought -- trying to get everything today I thought was pushing it quite a bit when they were issued their contracts. I'm happy that we got six of them, actually. Borton: Okay. Watts: And it does take a little bit of time for them to get their bonds. Insurance should be a simple phone call and, then, it comes directly from their insurance carrier. Borton: Okay. Watts: But we will oversee that part of it for sure, because we are covering our liability and, then, we will forward that to Petra and let them know that they are now available to give those full notices to the contractor. We will work through them. Meridian City Council May 8, 2007 Page 16 of 18 Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: And also on the bonding, each one of them had to be -- each one of their bids had to be accompanied with a bid bond, unless they were with a certified check, but if they were with a bid bond, that's -- the bonding company is assuring you that they are going to issue a bond to that -- Watts: Exactly. Bird: -- to that work for that amount of money and sometimes some of these guys don't have to have much bond and it's takes awhile, if you don't have a track record. Watts: Yeah. It could. You know, it's not unusual that we don't have them all yet. I'm not concerned. And work is not to begin for quite some time for most of these. Bird: We would just not pay them until we have all of it. Watts: Absolutely. De Weerd: Okay. Any other questions? Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. Zaremba: The wording of what we are being asked to approve would change a little bit, I would think. Do you have the math for the six items that -- Watts: I don't. I did not recalculate, because I -- Petra was -- Zaremba: Does it make a difference as to how we make the motion, whether -- Bird: I was going to make a motion with individual dollars-- Watts: Yeah. Zaremba: Okay. All right. Bird: -- for each contract. Zaremba: Thank you. Meridian City Council May 8, 2007 Page 17 of 18 Baird: Madam Mayor and Members of the Council, just as a reminder, you have already approved the budget for this, so it's really the agreement themselves that are receiving your approval with the direction for the Mayor and the Clerk to sign and attest. Watts: And I would also like to add that those agreements were in the original bid forms that we had sent out and were part of the award packages as well. So, none of the language has changed. De Weerd: Thank you. Okay. Council, do I have a motion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I'd move we approve contracts for phase two of the City Hall project to MJ's Backhoe and Excavation, Incorporated, for $610,314. Sidewalks, LLC, for $655.595.35. TMC, Incorporated -- do you supposed we could remove that 35 cents -- $1,584,760. Rule Steel Tanks, Incorporated, $1,847,000. Western Roofing, Incorporated, $182,990. And Seal Co. for $67,182. Zaremba: Second. De Weerd: And you will authorize the Mayor to sign -- Bird: Oh. And authorize the Mayor to sign and the Clerk to attest. De Weerd: Thank you. Zaremba: Also seconded. Bird: Apologize. De Weerd: Okay. If there is no discussion, Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. De Weerd: Thank you. Watts: Thank you, Madam Mayor and Council Members. De Weerd: Thank you. Council, I'd just like to remind you there is a town hall meeting at the senior center on Thursday evening that is being led by Kay Francis in regards to our entitlement funds that we are pursuing and looking at pulling together a strategic community plan, so would remind you, invite you, and we hope we get a good turnout. Meridian City Council May 8, 2007 Page 18 of 18 Item 12: Executive Session per Idaho State Code 67-2345(1)(c) - (to conduct deliberations concerning labor negotiations or to acquire an interest in real property, which is not owned by a public agency): De Weerd: Item No. 12 is our Executive Session per Idaho State Code 67-2345(1)(c). Do I have a motion? Rountree: Madam Mayor, I move that we go into Executive Session per 67-2345(1 )(c). Bird: Second. De Weerd: Okay. Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. EXECUTIVE SESSION: Rountree: I move we adjourn from Executive Session. Bird: Second. De Weerd: Okay, I have a motion by Charlie and a second by Keith to come out of Executive Session. All those in favor say aye. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 8:29 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: ~Ml ~, . /&4P MAYOR Y DE WEERD ~ , zz--, &7 DATE APPROVED",' <'~\.l~:'~>'!'il '. ' ( ,- r...,'- .>,,. , ,;" ......',' ~_I io,../J -" ~....i!;\"._ ~. " .'\,"\ ".~,.",_._-- .,v ;"" 0: / ," () iP\~:.oO!tq ~,,~..,y "~\ ATTESTED: 'ft.:: -:"lj."",L ~ WILLIAM G. BERG JR., JT ~E ,if f ~ 4:.. ",q D f: \. ""0 '~i 1$1 /" ~- $' '//, "1 .........---. -{)'t' ,,~ '-'/>/; OO{JNTi. ,\""" . /1/ II f I , . . " ,. . \I \ \ \ \ \