HomeMy WebLinkAbout2009 02-03Meridian City Council Meeting February 3, 2009
A meeting of the Meridian City Council was called to order at 7:00 p.m., Tuesday,
February 3, 2009, by Mayor Tammy de Weerd.
Members Present: Mayor Tammy de Weerd, Keith Bird, Charlie Rountree, Brad
Hoaglun, and David Zaremba.
Others Present: Bill Nary, Jaycee Holman, Keith Watts, Ed Ankenman, Bill Johnson,
Scott Colaianni, and Dean Willis.
Item 1: Roll-call Attendance:
Roll call.
X David Zaremba X Brad Hoaglun
X Charlie Rountree X Keith Bird
X Mayor Tammy de Weerd
De Weerd: Okay. I will go ahead and get this meeting going. I was going to wait for
Mr. Bird, but I decided I would start and he would start moving this direction. Okay. I'd
like to welcome you all here this evening. For the record, it is Tuesday, February 3rd.
It's ten minutes after 7:00. We will start tonight's meeting with roll call attendance.
Madam Clerk.
Item 2: Pledge of Allegiance:
De Weerd: Item No. 2 is our Pledge of Allegiance. Tonight we will be led in the pledge
by Troop No. 156. They are with the Meridian Greens LDS Ward. Les Crawford is their
leader. If you will all rise and join us in the pledge.
(Pledge of Allegiance recited.)
De Weerd: Young man? If I could give you some City of Meridian pins to share with
your members, I would appreciate it. And thank you for joining us. Thank you for being
here this evening and good luck on your merit badges.
Item 3: Community Invocation by David Duron with Meridian First Baptist
Church:
De Weerd: Okay. Item No. 3 is our community invocation. Tonight we will be led by
Pastor David Duron. He's with Meridian First Baptist Church. If you will all join us in the
community invocation or take this as an opportunity for a moment of reflection. Pastor.
Duron: Dear Heavenly Father, we thank you for this evening for we thank you for
positioning these people in such a place of service. Father, what a privilege it is and we
ask that you would give them wisdom. The things on the agenda tonight, Lord, you
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February 3, 2009
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know about them and we are confident that you will guide and direct and we pray that
you will bless the evening, may they see profit and just the benefits of ministering and
serving in this community. Thank you for this time in Jesus name, amen.
Item 4: Adoption of the Agenda:
De Weerd: Thank you. Okay. Item No. 4, adoption of the agenda.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: On the Consent Agenda, Item B, the resolution number will be 09-650. On
the regular agenda, Item 8 is ordinance number is 09-1395. Item 9, the ordinance
number is 09-1396. Item 10, the ordinance number is 09-1397. And Item 11, the
ordinance number is 09-1398. And with that I move that we adopt the agenda.
Hoaglun: Second.
De Weerd: I have a motion and a second to adopt the agenda as read. All those in
favor sav ave. All aves. Motion carves.
MOTION CARRIED: ALL AYES.
Item 5: Consent Agenda:
A. Approve Minutes of January 20, 2009 City Council Special Meeting
Workshop:
B. Resolution No. VAC 08-008: Request
to vacate the platted 12-foot wide public utilities easement lying 6-
feet on both sides of the common interior lot line of Lots 42 and 43,
Block 1 of $purwing Subdivision by Theresa & Lance Eckersell -
7102 & 7080 North Spurwing Way:
C. License Agreement with Settler's Irrigation District for 2008
Flush Lines Construction:
D. Findings of Fact and Conclusions of Law for Approval: MCU
08-002 Request for Conditional Use Permit approval to Modify the
previously approved site and building layout for Lot 4, Block 3 of
Devon Park Subdivision No. 1 to reflect that which was recently
constructed for Fairview Lakes Retail by Doug Tamura - 950 E.
Fairview Avenue:
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February 3, 2009
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E. Sanitary Sewer Easement Agreement for Ten Mile Creek Sewer
Crossing by David D. Toland:
F. Sanitary Sewer Easement Agreement for Ten Mile Creek Sewer
Crossing by Ronney Sz Kathryn Keeton:
G. Contract for Wastewater Treatment Plant SCADA Automation
Task Order No. 10003 with DC Engineering, Inc. for $75,000.00:
H. Contract for the Wastewater Conceptual Design for an Organic
Waste Facility Task Order No. 10000 with CH2M HILL for
$22,082.00:
I. Contract for Odor Control Study Task Order No. 10002 with
CH2M HILL for $17,882.00:
J. Contract for Tertiary Filtration Project Office Engineering
Services Task Order No. 10001 with CH2M HILL for
$147,507.00:
K. Development Agreement: RZ 08-007 Request for Rezone of 5.91
acres from R-8 to R-15 zone for Windham Place by Eagle Spring
Investments, LLC - east side of North Meridian Road,
approximately'h mile of East Ustick Road:
L. Professional Services Agreement with Refinerii, LLC for City
Hall Public Art:
De Weerd: Item 5 is our Consent Agenda.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: As previously noted, Item 5-B is resolution number 09-650. And I move that
we adopt the Consent Agenda and for the Mayor to sign and the Clerk to attest.
Hoaglun: Second.
De Weerd: I have a motion and a second to approve the Consent Agenda.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
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February 3, 2009
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Rountree: Does the Consent Agenda, Item D, reflect the -- this afternoon's change in
that Finding of Fact? Are they one and the same?
Holman: Madam Mayor, Members of the Council, Councilman Rountree, those -- the
modification came in late this afternoon, so we printed those and put those in front of
you.
Rountree: And that is Item D?
Bird: That's the rebuttals.
Rountree: Okay. Thank you.
De Weerd: Okay. Any other clarification needed?
Rountree: I have none.
De Weerd: I appreciate your question. Madam Clerk, will you, please, call roll.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carves.
MOTION CARRIED: ALL AYES.
Item 6: Department Reports:
A. Purchasing Department:
1. City Hall Punch List /Wish List
De Weerd: Okay. Our next item is our department reports. We have our Purchasing
Department. Keith.
Watts: Good evening, Madam Mayor and Council. I'd first like to say how nice you
guys look tonight.
Rountree: You better.
Bird: You bet.
Watts: I have handed out to each of you the punch list results .after we have had Ed
Ankenman and Eric Jensen go through and review for completeness and acceptability
of all items that were on the punch list. We are at a point at this -- right now -- I have
met with Gene with Petra and they have agreed to complete these items. We just
finished putting this together today, so I haven't got it back to him to get a date when
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they will have these items complete, but we will be sending these to him in the morning.
He did inform me that they are actually going to put a different new person on the punch
list now and I forget that person's name and I'll get that information and get that out to
each of you. And Ed's here as well this evening to answer any questions you might
have. The open areas is about 60 some odd pages long and I do have a copy. I made
one copy. I didn't want to make a copy for each of you on that, but we can pass that
around a little bit later this evening. And there is not as many items on there, but it is
available for discussion.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: Keith, I'm not going to go through every one of these, I just want to make
sure -- is there an item on the final interior punch list for either cleaning or putting a
surface in the stair wells?
Watts: There is not. That is -- that will be one of our additional items.
Rountree: Okay.
Watts: I apologize. I do have a list of additional items and I did not print that out for
each of you. I will get that printed out and hand that out to you immediately following this
meeting.
De Weerd: Okay. And so this is the punch list, not to be confused with the warranty
list, and further lists that you will get on what wasn't on the punch list or the warranty list
that might have been overlooked.
Watts: That is correct, Madam Mayor.
De Weerd: So -- and that will come back when?
Watts: The warranty list you -- the other list that you were speaking of?
De Weerd: Uh-huh.
Watts: I will have that to you right after this meeting.
De Weerd: And, then, the other list --
Watts: Which is?
De Weerd: Which is --
Watts: The open area?
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February 3, 2009
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De Weerd: No. The list that has been put together that our things that are not warranty,
but were overlooked.
Watts: Yes. We have that list as well.
De Weerd: Okay.
Watts: I will distribute that to you this evening.
De Weerd: Okay. So, that is the other list I referred to?
Watts: Correct. Thank you.
De Weerd: Very good. Okay. Council, any other questions or comments?
Bird: I just want to see those completed dates.
De Weerd: He just mumbled. He would just like to see it completed.
Watts: I will actually -- when I send these in the morning to Petra, I will require them to
put a completion date of when they will have that back and I will ask them to have those
dates to me tomorrow evening.
De Weerd: That's what Mr. Bird said as well. If you need any backup, the Mayor said it,
too.
Watts: Okay.
De Weerd: Okay.
Rountree: I'll second that.
De Weerd: All the Council said it. Okay. If there is nothing further, thank you, Keith,
and Ed. We appreciate your help with this.
Watts: Yeah. I want to thank Ed and Eric. They have worked hard and quickly to
review this and get this done in a timely manner. It appears that we have very adequate
staff to get things done. We have taken the initiative to get some of these items done
that were -- that may not have been completed that are now completed on our own. Ed
and Eric have actually made contact to try to speed things up to get things done. It
seems to be taking too long, so we are trying to just get our building finished.
De Weerd: Well, I'm sure Ed and Eric would like to get back to their real jobs and you,
too.
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February 3, 2009
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Watts: Yeah. I am anxiously awaiting that.
Item 7: Items Moved from Consent Agenda:
De Weerd: Okay. Well, thanks again. Okay. There were no items moved from the
Consent Agenda.
Item 8: Ordinance No. 09-1395 :Deleting In-Code References to Clerk's
Office Fees: (2" Reading)
De Weerd: So, we will move into our regular agenda. I'll ask Madam Clerk to, please,
read the ordinance number 09-1395 for the second reading.
Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 09-1395, an
ordinance of the City of Meridian amending Title 3, Chapter 1, Meridian City Code,
regarding fees for investigations of license or permit applicants. Amending Title 3,
Chapter 2, Meridian City Code, regarding application fees for beer, wine, and liquor
licenses and the transfer thereof. Amending Title 3, Chapter 4, Meridian City Code,
regarding application fees for mobile sales unit licenses, temporary use permits, and
citizen use permits. Amending Title 3, Chapter 5, Meridian City Code, regarding
application fees for pawn broker licenses. Amending Title 3, Chapter 6, Meridian City
Code, regarding application fees from massage establishments and massage licenses.
Amending Title 3, Chapter 8, Meridian City Code, regarding application fees for private
patrol service, private security service, and private patrol agent licenses. Amending
Title 5, Chapter 4, Meridian City Code, regarding application fees for retail sales of non-
aerial common fireworks permits and public fireworks display permits. Amending Title
6, Chapter 2, Meridian City Code, regarding dog licenses and lost dog tag fees and
providing an effective date.
De Weerd: Thank you. Okay. That was the second reading of the ordinance regarding
the clerk's office fees. We will have it on next week's agenda for action.
Item 9: Ordinance No. RZ 08-008 Request for Rezone
of 12.76 acres from TN-R to TN-C for Beacon at Southridae by Eastern
Washington -Idaho Synod of the ELCA -south of Overland Road,
approximately 800 feet west of Linder Road:
Item 10: Ordinance No. Parking Ordinance (1~ of 3
Readings):
Item 11: Ordinance No. RZ 08-007 Request for Rezone
of 5.91 acres from R-8 to R-15 zone for Windham Place by Eagle Spring
Investments, LLC -east side of North Meridian Road, approximately %z
mile of East Ustick Road:
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February 3, 2009
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De Weerd: Okay. Item No. 9, 10 and 11 are ordinances 09-1396, 09-1397, and 09-
1398. Madam Clerk, I will ask you to read these three ordinances by title only.
Holman: Thank you, Madam Mayor. City of Meridian ordinance number 09-1396, an
ordinance RZ 08-008, Beacon at Southridge, for annexation for a tract of land situated
in a portion of the north one half of the northeast one quarter of Section 23, Township 3
North, Range 1 West, Boise Meridian, Ada county, Idaho, as described in Attachment A
and annexing certain lands and territory 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 TN-R, Traditional Neighborhood Residential District, to TN-C, Traditional
Neighborhood Center District, in the Meridian City Code, providing that copies of the
ordinance shall be filed with the Ada county assessor, the Ada county recorder, and 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 rules and providing an effective
date.
Holman: This is the first reading of the City of Meridian ordinance number 09-1397. An
ordinance of the City of Meridian amending Title 6, Chapter 1, Section 6, Meridian City
Code, regarding code enforcement division authority. Amending Title 7, Chapter 2,
Meridian City Code regarding parking regulations and providing an effective date.
Holman: City of Meridian ordinance number 09-1398. An ordinance RZ 08-007,
Windham Place for annexation of a tract of land being a portion of land accepting Lots 1
and 16 and Block 1 thereof, as same is recorded in Book 98 of Plats at page 12462,
Ada County Records, located in Government Lot 6 of Section 6, Township 3 North,
Range 1 East, Boise Meridian, Ada county, Idaho, as described in Attachment A and
annexing certain lands and territory 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 R-8, Medium Density Residential District, to R-15, Medium High [density
Residential District, in the Meridian City Code, providing that copies of the ordinance
shall be filed with the Ada county assessor, the Ada county recorder, and 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 rules and providing an effective
date.
Holman: Thank you. You have heard. these ordinances read by title only. If there is
anyone in our public who would like any of these three read in their entirety, please, let
us know. Seeing none, we appreciate that. Council, do I have a motion?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
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February 3, 2009
Page 9 of 10
Bird: I'd move that we approve Ordinance 09-1396. and 09-1398, with suspension of
rules.
Rountree: Second.
De Weerd: Okay. I have a motion to approve Items 9 and 11, with Item 10 set for the
second reading next week. Any discussion?
Rountree: Madam Mayor?
De Weerd: Yes, Mr. Rountree.
Rountree: Just a question for Mr. Nary on the rationale for the three readings on the
parking ordinance. It's only been with us for the better part of three years.
Nary: Madam Mayor, Members of the Council, Council Member Rountree, what we
have done -- and we can certainly accelerate it next week. What we have done in the
last few criminal types ordinances we have passed is we have had it on for one reading
in case there was any other feedback or input to it and, then, the next week we brought
it back for a second and third and passed it then.
Rountree: Very good.
De Weerd: Okay.
Rountree: Thank you.
De Weerd: Okay. The motion is to approve Item 9 and 11. Madam Clerk, will you,
please, call roll.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
Item 12: Executive Session per Idaho State Code 67-2345(1)(fl - (to consider
and advise its legal representatives in pending litigation);
De Weerd: Okay. Item 12 is an Executive Session.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we go into Executive Session as per Idaho Code 67-2345(1)(f).
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February 3, 2009
Page 10 of 10
Rountree: Second.
De Weerd: I have a motion and a second. Madam Clerk, will you, please, call roll.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes.
MOTION CARRIED: ALL AYES.
EXECUTIVE SESSION:
Rountree: I move we come out of Executive Session.
Bird: Second.
De Weerd: All those in favor say aye. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
De Weerd: Do I have a motion to adjourn?
Rountree: So moved.
Bird: Second.
De Weerd: All those in favor? All ayes.
MOTION CARRIED: ALL AYES.
MEETING ADJOURNED AT $:13 P.M.
(AUDIO RECORDING ON FILE OF THESE PROCEEDINGS)
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-MAYOR TAMMY De WEERD
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JAYCEE L. HOLMAN, CITY CLE ~ ~,`~ _
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