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HomeMy WebLinkAbout2007 11-20Meridian City Council Meeting November 20, 2007 A meeting of the Meridian City Council was called to order at 7:15 p.m., Tuesday, November 20, 2007, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Keith Bird, Charlie Rountree, Joe Borton and David Zaremba. Others Present: Bill Nary, Will Berg, Bill Parson, Bob. Stowe, Mark Niemeyer, Clint Dolsby, Keith Watts, Elroy Huff, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X David Zaremba X Joe Borton X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd De Weerd: I'll go ahead and get tonight's meeting started.. It is Tuesday, November 20th, it is 7:15. We will start tonight's meeting with roll call attendance. Item 2: Pledge of Allegiance: De Weerd: Item No. 2 is the pledge of allegiance. Tonight we will be led. in the pledge by Elroy Huff. If you will all stand and join us in the pledge. (Pledge of allegiance recited.) Item 3: Community Invocation by Pastor Mike Dodd with Capital Christian Center: De Weerd: Thank you, Elroy. Item No. 3 is our community invocation. Tonight we will be led by Pastor Mike Dodd with Capital Christian. If you will all join us in the community invocation or take this as an opportunity for a moment of reflection. Dodd.: Madam Mayor and City Council people, please join me. Father, we thank you, Lord, for this time together tonight, Lord., and (just -- Lord, just even as I was coming here tonight, Lord., just thinking of the children, Lord God., of this city, Father, and I just thank you, Lord, in this holiday season, those who -- whose parents, Father God, are -- theyare perhaps in prison, et cetera, Lord Jesus, just due to just different issues of life, I just thank you that the children of this city, Lord, would be covered and blessed by you, Father. And, Lord, I just thank you for your presence tonight here in this place. I thank you for your grace and your strength, Lord God, over Madam Mayor Tammy, Father, and the Council people, I thank you for impartation of wisdom and understanding as to Meridian City Council November 20, 2007 Page 2 of 22 what's best for this city, Lord God, there just be a divine strategy, Lord, that would come forth from this place tonight, Lord, and I just pray, Lord, that you would bless everyone here tonight, Lord, and bless this city, Lord God. We thank you that this city is going the right direction at the right time, in Jesus name, amen. De Weerd: Now, Pastor Dodd, have I given you a City of Meridian pin yet? Dodd: Yeah, Like about four of them. De Weerd: Four of them? Dodd: But I have five kids, so they love them. De Weerd: Can you give three back? Well, if you have one more child., let me give you -- Dodd: He's five months old, but he will take it. De Weerd: See. Thank you. Happy Thanksgiving. Dodd: You, too.. Stern 4: Adoption of the Agenda: De Weerd:: Item No. 4 is the adoption of the agenda. Bird; Madam Mayor? De Weerd.: Mr. Bird. Bird: Let me try to stumble through this. Item D on the Consent Agenda, we want -- while we have no problem with the development agreement, wanted to make sure that everybody in the audience knew that it wasn't a Public Hearing, that it was on the Consent Agenda. Item H, which we discussed the other day, we wanted some numbers and it seems like we don't get -- but, anyway, it's not to exceed 14,880 dollars. Item L is for the $379,472.41. Items M and N we'd like to pull to 7-M and 7-N and Mr. Zaremba will discuss that when we get to it. Item S, the price on that is 37,753 dollars. And Item T they would like to have Mr. Watts explain that, so we will pull that to 7-T. Items on the regular agenda, Items No. 11, 12 and 13 have been asked to be continued to December 45th, 2007. And Item 14 is ordinance number 07 -- Mr. Clerk? Berg: 1342. Bird: 1342. With that, Madam Mayor, I move we approved the revised agenda. Meridian City Council November 20, 2007 Page 3 of 22 Rountree: Second. De Weerd: I have a motion and a second to approve the revised agenda. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 5; Consent Agenda: A. Approve Minutes of October 16, 2007 City Council Regular Meeting: B. Approve Minutes of October 23, 2007 City Council Regular Meeting: C. Findings of Fact and Conclusions of Law for Approval: SHP 07-007 Request for Short Plat approval for 3 condominium units in 1 building in a C-G zone for Bonito Lot 15 Condominium by Dave Evans Construction - 2971 East Copper Point Drive: D. Third Addendum to Development Agreement: MI 07-001 Request fora Miscellaneous application to Modify the existing Development Agreement to allow all C-N permitted uses on lots 5, 6, 7 & 8, Block 25 of Cedar Springs Subdivision No. 6 for Cedar Springs Professional Center by Lynn Brown - 710, 730, 750 & 790 West Ustick Road: E. Water Main Easement Agreement for Cheerleaders Sports Bar ~ Grill by Blue Marlin Investments.: F. Sanitary Sewer Easement Agreement for Jayker's Subdivision by Chester Properties, LLC: G. Sanitary Sewer Easement Agreement for Javker's Subdivision by TreeHaven, LLC: H. Task Order 0726 with Civil Survey Consultants, Inc. for the Design and Construction of the Meridian Water Division Facility Phase 2: I. Task Order No. 4 - Heroes Park Wastewater Reuse Implementation with HDR Engineering, Inc. for $87,898: Meridian City Council November 20, 2007 Page 4 of 22 J. Memorandum Agreement between the City of Meridian and the International Association of Fire Fighters Local 2311: K. Water Main Easement Agreement for Teach Investments / Quick Lube: L. Approval of Reimbursement Agreement between Meridian and Corporation of the Presidia Church of Jesus Christ of Latter Day Saints: O. License Agreement with Settlers Irrigation District for the North Black Cat Trunk Sewer: P. License Agreement with Nampa Meridian Irrigation District for Bienville Square Subdivision: Q. Approve Contract for the WWTP UV Third Bank Installation with Custom Electric, lnc. for $7,521.00: R. Approve Contract for Task Order 3.0 Stormwater Management Third Party Inspections with Brown and Caldwell for $30,000: S. Arc reement for Professional Services for 3`d Street Study with Six Mile Engineering, P.A. and Meridian Development Corporation: De Weerd: Item 5 is the Consent Agenda. Bird..: Madam Mayor? De Weerd: Mr. Bird.. Bird: I would move that we approve the Consent Agenda with these changes as stated earlier. Item D, while it will stay on the Consent Agenda, let it be noted it is not a Public Hearing, it is just aConsent -- third consent of it. Item H, not to exceed 14,880 dollars. Item L is $378,472.41. Item M and N would be -- will be pulled to the regular agenda and will be 7-M and 7-N. Item S, the amount of money is 37,753 dollars. And Item T will be pulled to 7-T on the regular agenda. And with that, Mayor, I move we approve the revised Consent Agenda. Rountree: Second. De Weerd: I have a motion and a second to approve the Consent Agenda as revised. If there is no discussion, Mr. Berg, will you, please., call roll. Meridian City Council November 20, 2007 Page 5 of 22 Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. De Weerd: Items -- Zaremba: Madam Mayor? De Weerd: Yes. Zaremba: Did that motion include the standard words Mayor to sign and Clerk to attest? Bird: Yes. The Mayor to sign and the Clerk to attest. And I apologize for that, Mr. Zaremba, you're right. De Weerd: Nice catch. Mr. Bird, you have been doing this for years. Zaremba.: Just heard something missing. Bird: I'm glad he caught me. Item 6: Department Reports: A. Parks Department 1. Proposed Name for City Park in Tuscanv / Messina Meadows of Verona Park: De Weerd: Item 6-A, our parks department. Elroy. Huff: Madam Mayor and President Borton, Members of the Council, I'm here tonight to present to you the new name for the -- right now named Messina Neighborhood Park and just give you a little background. The Mayor asked me to make sure and check over the last few months and I did with the developer about his interest in naming the park. He did not take me up on that. He decided he did not want to have anything to do with the name of that. So, we went another direction and we went to our parks commission and down to our subcommittee and they went and did the work on gaining some names for this park and that was -- John Nesmith's on the commission and he went and met with interim HOA president Steven Yearsly at -- in the Messina Meadows Sub and Tuscany Sub association I guess, and they decided to do a little naming contest. They had 21 participants come up with names and when they sorted those names out in -- they come out with three different names that they would consider for Meridian City Council November 20, 2007 Page 6 of 22 this park. As you're aware in your enclosed material, the parks, streets, and stuff in that park -- in that subdivision are named of Shakespeare Romeo and Juliet, those kind of names. Italian names. The three names that were -- come out of the subcommittee Verona Park, which is the setting of Romeo and Juliet, the city that that was set in. Mantua Park, which is where Romeo was banished to. And Florentine Park was another name they came up with, which was in honor of the City of Florence and the culture that was there, which is similar to that subdivision in some way. We met in subcommittee last week and I attended that in the hour before our parks commission meeting and they bounced that around in the subcommittee and ended up with Verona Park. So, that is what I'm presenting to you tonight. We had some discussion about that, the fact that there was another Verona Sub in the city far to the north. However, did mention that it was near Heroes -- the southern border of Heroes Park at Ten Mile. So, we did bounce that around a little bit and so I'm here tonight just to bring you that name and represent John Nesmith and he could not be here tonight, so -- sure open for discussion. De Weerd: E'Iroy, I guess the -- my first question would -- or my only question would be when the parks commission was discussing this did they know that there was a Verona Subdivision? Huff: I believe so. De Weerd.:: So, they did discuss that. Huff: Couldn't tell you for sure if we discussed openly. I thought that we did. It was very short, if it's in the minutes. It's pretty short, maybe one comment. Nary: Madam Mayor? De Weerd: Yes. Nary: Madam Mayor, Members of the Council, one of my attorneys was present at the parks commission meeting and she said they didn't discuss the fact that there was another -- it may have been discussed at the subcommittee, but it wasn't discussed in the parks commission meeting -- Huff: Okay. Nary: -- last week, .because she wasn't aware that there was a -- Huff: And I could have missed it. Meridian city council November 20, 2007 Page 7 of 22 Nary: Yeah. She wasn't aware that there was a Verona Place either until I told her when she mentioned what the name was. So, I don't know that the entire commission realized that, so -- De Weerd: Council, any questions or comments? Borton: Madam Mayor? De Weerd.: Yes, Mr. Borton. Borton: You know, I don't know, maybe Councilman Zaremba can give more input. And I have initial concern with potential confusion with a park named the same as a subdivision in vastly different locations, if it wasn't really discussed in detail, but I -- maybe I'll punt to Councilman Zaremba to comment on that. That would be one of my concerns. Huff: I understand.. Zaremba: Madam Mayor. I was at the parks commission meeting. I did not go to that subcommittee meeting, I was sitting in on a different subcommittee, so I didn't hear the discussion in the subcommittee. I don't recall that the competing subdivision name was mentioned at the commission level. I could easily have missed it. Sometimes I don't hear everything.. But I don't recall that it was mentioned to the commission that there was a competing name. So, I know when we are naming streets we try not to have confusion and there is good reason on the part of the fire and police not to have confusion. I thought Verona was a good name, but I -- I was not aware that -- now that you mention it, I know there is a subdivision with that name somewhere else, but I didn't think of it at the commission meeting either. De Weerd: Okay. Borton: Madam Mayor? De Weerd,: Mr. Borton. Borton: Let me muddy it up a little bit more. Has there been an effort at anytime to utilize an opportunity like this to put the naming rights out to somebody, you know, by way of example if there was a donation made for parks improvement or some -- something like that, which, then, provided you the ability to name a public park. I don't know if That's inappropriate or not, but it sure seems like it's an asset that someone -- we might be able to utilize to obtain some additional park amenities or funding. Maybe not. Meridian City Council November 20, 2007 Page 8 of 22 Huff: We didn't do anymore other than just -- other than to offer the developer an opportunity to -- Borton: And the analogy that brings it up is the high school stadiums that we, you know, presently utilize those naming opportunities to correspond with some funding and contributions and -- I don't know if that's not even possible. Nary: Madam Mayor -- oh. De Weerd: Well, I guess I would like to comment on that. This was the developer of Messina Meadows and Tuscany, it was his development and his donation. He was one of those that said he didn't have a preference on a name and it was appropriate to involve the homeowners and the homeowners did come up with these -- these top three names. They did have a name contest and they brought their top three name selections to the naming committee of our parks commission. So, that's kind of why those names were -- were brought forth to begin this. And I think we did that -- something similar in Autumn Faire. The commission went out and talked to a couple of the neighbors and, actually, some of the youth to come up with ideas and they narrowed it down to their favorite ones and brought those forth to the commission. So, it's been done in a couple of different ways and there is no one way -- I guess the primary funder of this park passed and so we kind of invited the neighborhood, since it is a neighborhood park, to participate in that naming process. Mr. Nary. Nary: Madam Mayor, Members of the Council, I was going to only add to President Borton's question was that there is a policy that has been discussed by the parks commission and that includes just what the Mayor said. Normally under that policy the person who provides the primary donation has an option to suggest a name. It still has to be recommend by the commission, they have the option to do that, if they choose. Otherwise, the other rules they have tried to follow is to not name the park, if possible, after the subdivision, so it's clear it's not the subdivision's homeowners park, that it is a public park, and they have a few other things. But the rest of that, again, comes to you folks at the Council to make the decision, if you want to name it after an individual or someone else wants to participate or donate something, you certainly have the ability. But they follow a policy and a practice in doing that. So, I just wanted to tell you. Bird.: Madam Mayor? De Weerd: Mr. Bird. Bird.: As I understand, Elroy, this was just one of three names that was sent to the subcommittee -- Huff: Yes. Meridian Ciry Council November 20, 2007 Page 9 of 22 Bird: -- of the parks and recs commission. So, actually, the homeowners did not -- they gave you three equal names; right? De Weerd: Uh-huh. Huff: Yeah. There were 21 -- 21 entries submitted. I don't know any of those other names, other than the three that were brought forth from the homeowners. Bird: And they didn't -- they didn't put them in priority listing or anything? Huff: No, they didn't. They didn't. Bird: And so I -- I have a real problem with the park being named the same as a subdivision. But they give us two other names and Iwould -- and I mean it's not something that we need to make a decision tonight on. Iwould go back to the parks and rec commission subcommittee and see about one of the other two names and have the whole commission discuss it, if they want to stay with this name, and, then, bring it back to us and if they feel comfortable with it, then, I guess I could be. But if they didn't discuss it in their general meeting and I -- Huff: Yeah. Bird: -- then, I would prefer that that was at least discussed at their general meeting. But I would also think that out of three name you could find another one that didn't coincide with a subdivision. Huff: Thank you. Bird: That would be my thought, Elroy. Huff: We'll see what -- I think you have a good point and that's a good way to do it. You know, we are certainly going to dedicate that park in the spring. We have got a little time to make that work, so -- Bird.: And I think the homeowners should have the right to -- Zaremba: Madam Mayor, is it appropriate for a motion to remand it back to the parks and rec commission? Do we need to do that? De Weerd: I don't think you need a motion. We can just -- Huff: We can take care of that. Meridian City Council November 20, 2007 Page YA of 22 De Weerd: -- ask Elroy to bring it back on next month's agenda and seek further direction. Zaremba: Express our concern. Huff: I will. Nary: And the Italian word for Florence is Forenza. Zaremba: That's right. Nary: Might be another one they may want to consider. De Weerd: Why not just Shakespeare Park, then, we could do some different themed type of -- that's where we could have the Shakespeare Festival. Bird: Where that's located I think it would be nice to be Warrior Park. De Weerd: Warrior Park. Huff: Thank you very much. Nary: Mantua has five cities in the United States Manuta, so if you want -- and one in Cuba, so if you wanted to avoid that. De Weerd: He's surfing the web over there. Nary: Just trying to give you options. De Weerd: We have returned it back to the parks commission. You can bring your recommendations to them, Mr. Nary. Nary: I will be happy to do that. Item 7: Items Moved from Consent Agenda: M. Budget Amendment for Public Education Materials for Fire Department: De Weerd: Well, we did have some items moved from the Consent Agenda and I'll start with Item M. Bird: Mr. Zaremba. Meridian City Council November 20, 2007 Page 11 of 22 De Weerd: Mr. Zaremba. Zaremba: I, actually, asked for both M and N. De Weerd: Well, I know. Zaremba: I can do -- De Weerd: We will get to N after M. Zaremba: Which one would you like first? De Weerd: M. Zaremba: M like Mary. That item is a budget amendment for public education materials for the fire department. I don't know if anybody else was able to read it, but on my -- in my packet on the computer it was just a smudge. I enlarged it up to a hundred percent and it was still a smudge. I can tell that it's under 10,000 dollars, but before we pass it think we should know the exact amount. Niemeyer: Madam Mayor, Councilman Zaremba, I will be more than happy to clarify the smudge a little bit. The total request and the expenditures totals 10,800 dollars. That's to include 2,000 dollars for a laptop computer, 350 dollars for a software application for that computer, 1,500 dollars to Treasure Valley Cooperative, 1,950 to fire safety education materials, 3,000 dollars to a PA sound system, and 1,800 dollars to traveling trunks for 10,800 dollars. The next box down looking at cash donations, we received 4,000 dollars from Wal-Mart and also 1,800 dollars from the Idaho fire chiefs in a grant, for a total amount of the request for 5,000 dollars and we also received 5,000 dollars at the end of fiscal year 2007, which they requested be deposited from the Light My Fire organization, of which we are a part of. So, we actually cover the entire cost of the request, we just had to deposit that 5,000 dollars early at their request. Zaremba: Thank you. But to clarify what we need to approve is 5,000 dollars or -- Niemeyer: That's correct. Zaremba: Madam Mayor, I move we approve Item N, budget amendment for public education materials for fire department in the amount of 5,000 dollars. Borton: Second.. De Weerd: A motion and a second. Bird.: Discussion. Meridian City Council November 20, 2007 Page 12 of 22 De Weerd: Discussion, Mr. Bird.. Bird: Wait a minute. We are actually allocating 10,800, even -- and what we have done is we put in the 5,800 from donations, but we are still on the budget having to allocate 10,800. We have more revenue, but we still are going out with 10,800. Niemeyer: Madam Mayor and Councilman Bird, I believe that is correct. The form does show a grand total request for 5,000 dollars, but I believe you are correct. The total amount of all the purchases is 10,800. Bird:. Am I not correct? Borton: Yeah. You're right. Bird: Bill? Zaremba: Madam Mayor, I would be happy amend my motion to make it 10,800 dollars, with the understanding that some of that is repaid by donations -- Borton: Discussion. Nary: Madam Mayor, Members of the Council -- and I don't know if Deputy Chief Niemeyer knows. I thought -- I guess when I read this, I'm thinking the amendment is to cover the amount that was left over from last year's budget that's not in this year's budget. The other amount of this -- other amount of this expenditure is in the current budget already. So, I think that's the only reason the amendment is necessary is for the 5,000 that's not in the current budget. So, it is a 10,000 dollar expenditure, but five of it is already in the budget. This five is not. Bird.: Is that right? Niemeyer: Madam Mayor, Councilman Bird, I have spoken with our finance folks over here and that is correct. So, the total amount requested is 5,000. Zaremba: Madam Mayor, I withdraw my amendment and -- De Weerd: Before you make another motion, Keith, we would also need to make a motion amending the revenue to reflect the donation -- the unanticipated donations, unless this would just be included in the regular revenue. Nary: But that's already here. That's already on this amendment form is the way I read it. Meridian City Council November 20, 2007 Page Y3 of 22 De Weerd: It is. Nary: Oh. De Weerd: But you -- you would need to show revenue in and expense out. Nary: Right. Madam Mayor, what your motion is approving is this budget amendment request by the finance department, which covers the expenditure, as well as the revenue.. This request has both of them contained within it. So, what the Council is moving to approve is this request, not just the expenditure. Bird: For showing revenue plus -- Watts: Madam Mayor, Council Members, not looking -- not having the last year's information, I'm assuming that that -- when was -- Mark would have to clarify again when that 5,000 was received. Nary: June 7th. Watts: Yeah. So, I would assume that that revenue was -- was in last fiscal year. De Weerd: Did it get carried forward? Bird: Yes. De Weerd: Okay. Watts: That's why they were only asking for the additional 5,000. Bird: Yeah. Nary: Correct. De Weerd: So, the motion is needed for 5,000. Zaremba: In that case, Madam Mayor -- De Weerd: That you originally -- Zaremba: -- restate the original motion, which is I move that we approve the budget amendment for public education materials for fire department in the amount of -- net amount of 5,000 dollars. Borton: Second. Meridian City Council November 20, 2007 Page 14 of 22 De Weerd: Is there any discussion on this motion? Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Boston, yea. MOTION CARRIED: ALL AYES. Item N: Line Item Reallocation Request for Water and Wastewater Treatment Plant for West First Street Main Replacement, AGHD Advanced Proiects: De Weerd: Item N was also moved from the Consent Agenda. Mr. Zaremba. Zaremba: Madam Mayor, that was also a question from me and it's a matter of mine not being able to interpret, again, the net effect. From what I read, the original amount was 1,378,929. It looked to me like the request is actually an increase of 330,000 over that amount. To me, a reallocation would be a trade. We budgeted at one place and we are going to spend it someplace else. But the bottom line addition appears to me that we are making an increase. And maybe I'm just not interpreting that right, but I need an explanation.. Bird: Be a change order to me. De Weerd: I guess, Clint. Dolsby: Madam Mayor, Members of the Council, I would have to go back and do a little research on this particular item to see if it was an increase or a trade. I suspect it's a trade, but having not written up the item -- Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird.: Clint, would it be -- would it be a change order? Is this -- is this an addition to the original .bid or are you taking this out of another job that you didn't need the 300,000 on and allocating it to this job? It still would be a change order, wouldn't it? Dolsby: Mr. Bird, yes, it would be a -- I think that it would be a change order if we were trying to allocate it from one fund to another fund. Bird: Unless you're allocating just the line item -- Dolsby: Yeah. Meridian Ciry Council November 20, 2007 Page 15 of 22 Bird: -- as David brought up and -- Dolsby: Unless it's not for a particular project, if it's -- Bird: Do you know, Keith? Dolsby: It might just be a line item transfer, so that we can do a future project is what I'm thinking it is. Bird: It is a line item. Dolsby: It's not to do with any particular project or contract. Bird: It is a line item change. Nary: Right. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: With your permission and your authority, when we get something like this on here with -- I love it on the consent item, but we wouldn't -- if there would just be an explanation or something like that on it. And especially -- we talked about this a month ago of getting to dollar amount on all this -- these changes, so the public can see and they are here and I know you will take care of it. De Weerd: Yeah. As I have noted, neither of these went through my office, which most of them do. Since I was out of town last week there must be some -- Bird.: That's fine. De Weerd: -- urgency to these items. I guess, Keith, if you could ask on -- on these forms that the highlighting be a different color, because that's one reason Council can't read it. Watts: Okay. De Weerd: You can't pick up the numbers through the blue. When you photocopy it, it's -- or when they scan it it's not copying well. Watts: I will make that suggestion. De Weerd: And Mr. Bird's eyes are not as good as they once were. Meridian City Council November 20, 2007 Page 16 of 22 Watts: Yeah.. I agree. I will make the suggestion. De Weerd.: So, we need bigger letters, you know, for older -- Watts: So we can all actually read it, yes. Bird: Seniors need larger letters. De Weerd: But maybe those totals could have a larger box with bigger numbers. Watts: I will definitely make that recommendation tomorrow. De Weerd: That would be great. And this is just a line transfer, so that's what we would just need the authorization from Council to -- to transfer the amounts as requested into the different line items. Bird: For the amount of 330,000 dollars. Rountree: Madam Mayor, I move that we approve the line item allocation for the West 1st Street -Main replacement in the amount of 330,000 dollars. Bird.: Second. De Weerd: I have a motion and a second. Any further clarification needed? Mr. Berg. Roll-Call: Bird., yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES.. T. Approve Deductive Change Order No. 6 to Ideal Demolitions Contract for Demolition of Meridian Creamery for a Deduction of $10,993.50: De Weerd: Also removed from the Consent Agenda was Item T. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: We removed that because Mr. Watts is going to give us a little detail on this. It's regarding our City Hall. Meridian City Council November 20, 2007 Page 17 of 22 Watts: Yeah. Madam Mayor and Council Members, this is the final change order for the demolition contract that we have with Ideal Demotion. If you will recall, there was some damage done by the -- his personnel when we were excavating. The damage was done to the wall heads. This was the dollar amount that our hydrologist gave us as the -- as the amount fixed towards their damages specifically. Originally, Ideal and Petra were going to discuss this and maybe split it. David agreed -- well, it's David from Ideal Demolition agreed to take this on by himself and eat that amount. So, we drew up this negative deductive change order for 10,993.50. Ideal has agreed to this and signed this and submitted their final invoice for their retention. De Weerd: Thank you, Keith. Any questions from Council? Do I have a motion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we approve the deductive change order number six to Ideal Demolition's -- for demolition of Meridian Creamery for the amount of $10,993.50 from their contract. Rountree: Second. De Weerd: I have a motion and a second to approve Item T. Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Boston, yea. MOTION CARRIED: ALL AYES. Watts: Thank you. Item 8: Request for Reconsideration for Denial of Rezone for 6th and Broadway Property by Linda Loehr: De Weerd: Thank you. Item 8 is a request for reconsideration. Mr. Nary, do you have any comment on this? Nary: Madam Mayor, Members of the Council, you are all pretty well versed in doing these reconsiderations now. You do have a letter in front of you. It appears that part of the -- part of the reason that no applicant was present at the time this originally was taken up by the Council and denied was that the applicant was ill and didn't explain -- it doesn't explain in the letter why no one else couldn't have been here, but it does indicate that that was the reason that at least the applicant wasn't present at the time. That was some consideration that the Council had. If you wish to reconsider that, we would need to set it for a new hearing and they would have to re-notice to do that. I Meridian Ciry Council November 20, 2007 Page 18 of 22 don't know if they have anything else to add. Obviously, we can't discuss those specifics of the application itself, just the request for reconsideration. Borton: Council, I would make a motion to grant the request for reconsideration, understanding the extenuating circumstances and give the applicant an opportunity to come forward at another hearing date to present it. Bird: Second. Borton: It's been moved and seconded to approve the request for reconsideration. Any discussion? Rountree: Discussion, Mr. President. Borton: Mr. Rountree. Rountree: Just -- the absence of the applicant was -- was one of the minor reasons. I think probably the biggest issue with the application was the design and the design detail and the lack of appropriate design considerations for the facility for the building that was being addressed. So, just as a part of the motion and a part of the discussion on the motion that -- there were other issues and certainly those need to be addressed if it's going to be reheard.. Borton: Councilman Rountree, I agree. I know planning had comments in that regard and the minutes from our discussion would be extremely valuable to the applicant to review prior to bringing this back. Any additional discussion? All those in favor say aye. Request approved. MOTION CARRIED: ALL AYES. Item 9: Findings of Fact and Conclusions of Law for Denial.: RZ 07-015 Request for a Rezone of .28 of an acre from an R-8 residential zone to an O-T zone for 6th and Broadway Property by Linda Loehr - 532 East Broadway Avenue: Borton: And which -- Item No. 9 I need -- Zaremba: Mr. President, I move that we vacate Item 9 until we have had the reconsideration. Bird: Second. Gorton: It's been moved and seconded to vacate Item No. 9. All those in favor say aye. Thank you. Meridian City Council November 20, 2007 Page 19 of 22 MOTION CARRIED: ALL AYES. Item 10: Tabled from October 23, 2007: FP 07-034 Request for Final Plat approval for 14 single-family building lots and 2 common lots on 5.08 acres in an R-4 zone for Quarterhorse Subdivision by M2 Land., LLC - 710 North Black Cat Road: Gorton: Item No. 10, FP 07-034, request for final plat approval Bird: Mr. President? Borton: Mr. Bird. Bird: I move we approve FP 07-034 -- oh. Borton: Go ahead., Bill. Bird: Oh, we got a letter here. I'm sorry. We are getting ahead of ourselves. Rountree: That's all right. We are in a hurry. Borton: Bill, the floor is yours. Parsons: It's a late evening.. Madam Mayor, Members of the Council, this is a request for final plat approval of 14 single family building lots and two common lots on five acres in an R-4 zone. Staff has received a letter from the applicant agreeing to the conditions of approval. I also wanted to point out that site specific condition number four needs to be stricken from the staff report due to it not being relevant to that project. That concludes what I have. If you have any questions I will be happy to answer them. Borton: Thank you, Bill. Council, any questions? Rountree: No questions. Bird: Mr. President? Borton: Mr. Bird. Bird.: I move that we approve FP 07-034 and to strike site specific condition number four from the record. That's it. Rountree: Second. Meridian City Council November 20, 2007 Page 20 of 22 Borton: It's been moved and seconded to approve FP 07-034. If there is no further discussion, all those in favor say aye. MOTION CARRIED: ALL AYES. Item 11: Public Hearing: RZ 07-016 Request for Rezone of 3.66 acres from R-15 zone to TN-R zone for Gramercy Townhome Subdivision by Tuscany Development, Inc. -south of E. Overland Road and west of S. Eagle Road: Item 12: Public Hearing: PP 07-016 Request for Preliminary Plat approval of 38 single-family attached residential lots on 2.81 acres for Gramercy Townhome Subdivision by Tuscany Development, Inc. -south of E. Overland Road and west of S. Eagle Road: Item 13: Public Hearing: CUP 07-018 Request for Conditional Use Permit for 32 multi-family dwelling units on 4 lots in an existing R-15 zone on 2.93 acres for Gramercy Townhome Subdivision by Tuscany Development, Inc. - south of E. Overland Road and west of S. Eagle Road: Borton: We will open the Public Hearing on Items 11, 12 and 13. Zaremba: Mr. President? Borton: Mr. Zaremba. Zaremba: I move we continue Items 11, 12 and 13 relating to Gramercy Townhouse Subdivision to our regularly scheduled meeting of December 4th, 2007. Bird.: Second. Borton: It's been moved and seconded to reset Items 11, 12 and 13 to December 4th. Any discussion -- continue. Excuse me. Not reset. Continue them to December 4th. Seeing none, all those in favor say aye. MOTION CARRIED: ALL AYES. Item 14: Ordinance No. 07-1342 An Ordinance to Amend the Municipal Code of the City of Meridian, County of Ada, State of Idaho, Amending Title 10, Chapter 7, Exhibit A, Meridian City Code, Known as the Meridian Impact Fee Ordinance Fee Schedule; to Provide for an Amendment to the Parks & Recreation Impact Fee Schedule.; and Providing an Effective Date (1St of 3 Readings): Meridian City Council November 20, 2007 Page 21 of 22 Borton: Thank you. Item No. 14, Ordinance 07-1342. I would ask the clerk to read this ordinance -- read the first reading. Berg: Thank you, Mr. President, Members of the Council. This is the first reading of this ordinance dealing with the impact fees. An ordinance to amend the Municipal Code of the City of Meridian, County of Ada, State of Idaho, amending Title 10, Chapter 7, Exhibit A, Meridian City Code, known as the Meridian Impact Fee Ordinance fee schedule to provide an amendment to the parks impact fee schedule and providing an effective date. This is Ordinance 07-1342. Borton: Thank you.., Mr. Berg. You have heard this ordinance read by title only. Does anyone wish to have it read in its entirety? Seeing none -- okay. Berg: Just acknowledge the -- Borton: Okay. Rountree: We will discuss it on the third reading. Item 15: Executive Session per Idaho State Code 67-2345(1) (a) - (to consider hiring a public officer, employee, staff member or individual agent, not to include. This paragraph does not apply to filling a vacancy in an elective office) & (fl - (to consider and advise its legal representatives in pending litigation): Borton: That bring us to Item 15. Bird: Mr. President? Borton: Mr. Bird.. Bird: I move we go into Executive Session as per Idaho State Code 67-2345(1) (a) and (1) (f). Rountree: Second.. Borton: It's been moved and seconded to go into Executive Session. Mr. Berg. Roll-Call: Bird., yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRLED: ALL AYES. EXECUTIVE SESSION: Meridian City Council November 20, 2007 Page 22 of 22 Bird.: I move we come out of Executive Session. Rountree: Second. Borton: It has been moved and seconded to come out of Executive Session. All those in favor say aye. ALL AYES. MOTION CARRPED. Gorton: Motion to adjourn? Bird: So moved. Rountree: Second. Borton: All those in favor. ALL AYES. MOTION CARRIED. MEETING ADJOURNED AT 9:20 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: MAYOR TA Y De WEERD~~.`~ ~ V' ~~`~``~f.~~~%, DATE APPROVED ,~P F o TT~~STE - .~-- ~~a .~ ~, WILLIAM G. BERG JR., I CLERK ~`~° ,gip ~Q. `,~. '~' ~~iii~n~ii n,~,~~~~