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HomeMy WebLinkAbout2009 01-27Meridian City Council Meeting January 27, 2009 A meeting of the Meridian City Council was called to order at 7:25 p.m., Tuesday, January 27, 2009, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Keith Bird, Brad Hoaglun, and Charlie Rountree. Members Absent: David Zaremba. Others Present: Bill Nary, Jaycee Holman, Pete Friedman, Mark Niemeyer, Scott Colaianni, Kyle Radek, Keith Watts and Dean Willis. Item 1: Roll-call Attendance: Roll call. X David Zaremba X Brad Hoaglun Charlie Rountree X Keith Bird X Mayor Tammy de Weerd De Weerd: Okay. We will go ahead and first I'd like to apologize for our late start, but welcome to, the City of Meridian City Council meeting and in particular I'd like to welcome Charlotte -- or Charlene and, Charlene, in a moment we will ask you if you will lead us in the pledge, but I will go ahead and call this meeting to order. It is the regular City Council meeting. It is Tuesday, January 27th. It is 7:25 for the record and I will ask, Madam Clerk, to please call roll call attendance. Item 2: Pledge of Allegiance: Charlene Pedersen De Weerd: Okay. Thank you. Item 2 is the Pledge of Allegiance. Tonight we are going to be led in the pledge by Charlene Pedersen. Charlene came to my office to meet the Mayor and we convinced her to lead us in the pledge. She left me with some beautiful art. We will ask you to all rise and join Charlene in the pledge. (Pledge of Allegiance recited.) Item 3: Community Invocation by Dave Murphy with Capital Christian Church: De Weerd: Thank you, Charlene. I do have a City of Meridian pin that I'd like to give to you and thank you for being here. Thank you. If your mom wants to take a picture, I will come down there. Okay. Well, we appreciate your patience for that. It's always great having our youth -- the youth of our community here. So, Item No. 3 is our community invocation and Dave Murphy is here to lead us in the invocation from Capital Christian Church. I would ask you to, please, join us in the invocation or take this as an opportunity for a moment of reflection. Thank you for joining us. Meridian City Council January 27, 2009 Page 2 of 18 Murphy: Let's pray. Dear Heavenly Father, we come before you tonight in the midst of challenging times, but your word in Proverbs 3:5 says trust in the lord with all your heart and lean not on your own understanding. In all your ways acknowledge him and he will make your paths straight. God, as we pause to acknowledge you, I ask that you would impart to this Council wisdom to make the decisions that would strengthen and prosper this city. Lord, fill this Council with hope and joy and optimism for the year ahead, knowing that you, God, the author and finisher of our faith, are still in control. I pray that God, encourage and strengthen every Council Member and their household, as well as ask for your covering -and blessing on the city's civil servants, schools, businesses, churches, and residents. Lord, I believe that the best days are yet to come for the great City of Meridian and we look forward with anticipation the work of your hand. In the name of Jesus we pray, amen. Item 4: Adoption of the Agenda: De Weerd: Thank you so much. I do have a City of Meridian pin for you as well. Okay. Item No. 4 is adoption of our agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: On the Consent Agenda, Item 5-B, Findings of Facts of AZ 08-001 has been requested to be continued to February 10th, 2009. Item H is proposed resolution number of 09-647. Item K is -- resolution number proposed is 09-648. In Department Reports, resolution number 09-649. Under the Mayor's office for Item 6-A-2. And on the regular agenda Item No. 8 has been asked to be -- by applicant to continue to February 10, 2009. Item 9 is asked to be continued or to be put on the agenda for March 24th, 2009. Item No. 11 the ordinance number is 09-13294 -- or 1394. Geez. And No. 11, the ordinance number is 09-1395. And with that I move we approve the revised agenda. Hoaglun: Second. De Weerd: I have a motion and a second to approve the agenda as revised. All those in favor say aye. All ayes. Motion carved. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 5: Consent Agenda: A. Approve Minutes of January 13, 2008 City Council Regular Meeting: Meridian City Council January 27, 2009 Page 3 of 1 S C. Findings of Fact and Conclusions of Law for Approval: 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: D. Findings of Fact and Conclusions of Law for Approval: AZ 08- 012 Request for Annexation and Zoning of 5.03 acres of land from RUT in Ada County to an R-4 zone for Shavs Cove by Landmark Engineering & Planning, Inc. - 3155 South Mesa Way: E. Findings of Fact and Conclusions of Law for Approval: PP 08- 009 Request for Preliminary Plat approval of 8 single-family residential building lots and 3 common lots on 4.45 acres in a proposed R-4 zoning district for Shavs Cove by Landmark Engineering & Planning, Inc. - 3155 South Mesa Way: F. Findings of Fact and Conclusions of Law for Approval: RZ 08- 008 Request for Rezone of 12.76 acres from TN-R to TN-C for Beacon at Southridge by Eastern Washington -Idaho Synod of the ELCA -south of Overland Road, approximately 800 feet west of Linder Road: G. Findings of Fact and Conclusions of Law for Approval: SHP 08-008 Request for Short Plat approval for 38 condominium units in an existing building in a C-C zoning district for Silverstone Corporate Plaza Condominiums by Sundance Investments - 3421 East Overland Road: H. Resolution No. CPA 08-011 Request to amend the Comprehensive Plan by adding the Design Manual as an addendum for Design Review by Meridian Planning Department: I. Task Order with STRATA - 8th Street Park Pedestrian Pathway and Box Culverts -Phase 1 for $1792.40: J. Development Agreement: David Kleiner Property Portion for Meridian Town Center: K. Resolution No. Donation of Computer Surplus to Historical Society: L. Sanitary Sewer -and Water Easement Agreement for Emerson Park Subdivision No. 2 by Kuna Victory, LLC: Meridian City Council January 27, 2009 Page 4 of 18 M. Approve Meridian Rural Fire Protection District Resolution 09- 001: N. Chance Order No. 2 with JUB Engineers, Inc. for the Ten Mile Creek Sewer Crossing Replacement for $8,015.00: O. Award of Bid and Contract with Cues. Inc. for Sewer TV Inspection Vehicle and Option A of Bid for a not to exceed amount of $155,777.00: P. Approve New Beer 8< Liquor License for Screamin Hot Concepts, LLC dba Buffalo Wild Wings located at 3323 East Louise Drive #103: De Weerd: Item 5 is our Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: As stated earlier, Item B on the Consent Agenda has been requested to be continued to February 10th, 2009. Item 8 the resolution number is 09-647. Item K, the resolution number is 09-648. And with that I move that we approve the Consent Agenda and for the Mayor to sign and the Clerk to attest all papers. Rountree: Second. De Weerd: Thank you. I have a motion and a second to approve the Consent Agenda. If there is no discussion, Madam Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, absent; Hoaglun, yea. De Weerd: All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 6: Department Reports: A. Mayor's Office: 1. City Scholarships: De Weerd: Okay.. Item 6, Department Reports. We have Robert here to discuss the city scholarships. Last year we convened a little focus group to look at our applications, develop a matrix, and so that's what we have here in front of you. Council just a quick moment while Robert hands the material out. I will tell you today that I participated in a Meridian City Council January 27, 2009 Page 5 of 18 press conference on a new business that is coming to Meridian on Eagle Road and Commercial. They are going to be doing a tenant improvement in the Coors Distributing building at Eagle and Commercial on the southeast comer. Silverdraft Studios will employ between -- well, they think between 25 and 30 jobs initially. It will have the opportunity for part-time employment as they have different films that will equate to 45 to 60 jobs on a part-time basis and what is really exciting is, number one, this is going to be the largest filming studio in the northwest. It -- they already have a couple of films on contract. We heard that one of the partners, one of the aspects -- and it's a very key aspect of this partnership, is the technology. They have partners with a technology piece that brings the delivery of high definition type of -- that technology and I am not by any means a technology person, so I might just totally mutilate the information, so don't kill the messenger, but it is revolutionary and we hope that this will be a cornerstone of the governor's Project 60 and anticipate that this will be certainly a foundational piece to the filming industry's presence in the state of Idaho and this technology delivery system of high definition is going to be cutting edge and will put Idaho definitely on the map. So, we are just really excited about this announcement, this new employer, in our health, science, and technology corridor. And we stress the technology aspect of it, because that's what makes them such a meaningful partner in that comdor. So, anyway, I did want to let you know that the announcement was made earlier today and Frank was there on site. It is an amazing facility for this kind of activity, unrivaled I think. It is going to be a huge asset. So, very exciting stuff and a lot of bad news, we got great news coming out of Meridian, so --okay, Robert, it's all yours. Simison: Well, great, hopefully. Madam Mayor, Members of the Council, thank you for the opportunity to come and present some information to you on the city's scholarship program. I just wanted to -- you know, as Council Member Hoaglun may or may not be familiar with the program, just wanted to give a little bit of brief history in the sense that, you know, traditionally the city has awarded four scholarships annually to graduating seniors. They have typically been divided up by high schools and, then, one at large. These scholarships were --are there to recognize the service that the youth gives to our community. These are not scholarships that are based upon -- solely on issues like GPA or school involvement, but they are for other purposes. These are for the people who come in, make a difference in our community, and do have those other things that you like to see in well rounded individuals, high GPAs, good letters of recommendation, and they are going to be going off to college. So, that's -- those are the groups that these are geared towards. A little different than most normal scholarships. The rubrics that the city used in the past it reflected that -- that intent. It probably had some shortcomings in it that were -- when we worked with some -- a couple of professionals in the industry on it that were able to expand upon those and I'll get to those in a minute. But this past summer we set out to evaluate the process and find a way to try to improve and make these scholarships more permanent here within the city. We put together a panel of community members to discuss this. We had representatives from the Meridian Chamber of Commerce, Meridian's Promise, the senior center, the school district, Councilman Bird, as well as representatives from the Mayor's office where we sat down and looked at these -- the scholarships. We looked at how to -- we could improve the process. One way, as I mentioned, was to update the rubric. I worked with Meridian City Council January 27, 2009 Page 6 of 18 the school district representative on this process taking what the city was currently using, expanding on it to make it a little bit more clear and concise. Much like the original it continues to be weighed towards community service. We also discussed changes to the scholarship application, most of which were considered minor. Some of it was including additional information on it about just simple register information about where they primarily intend on going to college, as well as putting in some information about what the criteria is, you know, the things you have to accomplish in order to submit this application. In addition, we discussed the eligibility criteria for people to receive these scholarships. It was expected that, first of all, the winners need to be Meridian residents and not just those that live in the area of impact. This is for the residents of the city and make sure that that is clearly defined in the process. The other discussion item was whether or not the winners should be relatives of elected ofFcials or employees and the -- while not across the board there were more that felt that that -- people should not be considered who are either relatives of an elected official or a city employee and, in addition, the group felt that there needed to be interviews for the final candidates. That's something that hadn't been done in the process and I will say just on that point I think based upon the number of applications that were received during this last year it probably wouldn't have been required to do interviews. But if we want this to be a successful program and up the applications that come in, regardless of your rubric, you might need to have interviews for these processes. In addition, they felt that they'd need to have a clearly defined group that would be selecting the winners and this group felt that that should be seven people and it would be established primarily by the people at this meeting. A representative from the Chamber of Commerce. A representative from the senior center. Meridian's Promise representative. A school district representative. Someone from City Council. The Mayor. And either the Mayor's office or another city employee in the process. In addition, there was a discussion by the group about what roll City Council should play in the selection after this process was completed. If they had a roll to play in effectuating the winners or not. So, that's what we -- the group that met and I took the information I got from them and I have made one revision to the document. Subsequently was contacted by a former employee of a scholarship organization who now lives here in the city. She had 24 years of experience working for an organization that did scholarships to students and I sat down with her and we discussed the recommendations that had been put together by this group and she also gave me further feedback that I thought was very useful and helpful and so I went ahead and incorporated her suggestions into the document that you have in front of you. The first point was that -- her recommendation was to eliminate criteria type -- the specific high schools in the city. That way you don't have issues where you might have people who are more qualified from other parts of the city. You might have four people from one high school who are all -- who should be the winners based upon rubric criteria and that we should not tie them to specific cities within the school. That allows the best people to win and it also keeps people focused on the rubric and not trying to compartmentalize the people who are applying for these scholarships. The other issue that she felt would be to -- was to expend the rubric. Even after we worked with the school district on the rubric, she looked at the rubric and felt that we were still trying to combine too many categories into one judging criteria. Specifically, one example is we were judging all the letters of recommendation as one and she felt that Meridian City Council January 27, 2009 Page 7 of 18 by expanding out the letters of recommendation so that each letter of recommendation that you're requesting gets its own score, that that allows a true reflection based upon what people feel -- you know, you could have someone who thinks they are highly qualified and someone who thinks they are poorly qualified and as a judge you were -- we were asking people to make a decision only in one category based upon two different people's recommendation. So, we expanded the rubric out further than what it was originally. We also discussed whether we should have elected officials or employees and their families as potential recipients and in our discussion and the information she provided to me, she said, you know, if you believe that you truly have a blind application, that you have information that is not shown about the person's name, about where they go to school, you have that off the application from what the judges see, it shouldn't make a difference about who is eligible to be considered to receive a scholarship. Now, if you don't think that you have a blind process that might be a different story. But in this case she felt that if you just look at it on its face value, you can do it either way. Now, as we also discussed this further and took it beyond elected officials, because I told her what the group had discussed about, well, they think that we should have Meridian's Promise, they think we should have a senior center, they think we should have a chamber representative. She said, well, you're going to have to extend what -- if you decide that you're going to eliminate certain people, you're going to have to eliminate a lot of people, because you're going to have to eliminate all the judges who are involved, if you want to keep this -- you know, if you're making people not participate and you want it to be fair, you're going to have to send that out to the judges as well. Now how far that goes Idon't -- I don't know. You know, whether that's just to the immediate judges or to some of the individuals in the organization, the boards, but it's something that she felt that needed to be considered as part of that. And the only issue that comes up is when you start talking about whether or not you're having blind applicants and you start wondering whether or not you're going to do interviews or not, that really becomes the question in that whole process. If it's blind and you're going to do an interview or not, can affect how that decision could be made. So, based upon these discussions you have the two documents that are in front of you. These documents are a rubric and an application and you will notice that there is one area that's highlighted on there and that's really kind of the primary reason why I'm here is to get your feedback on the point of should the scholarship be open to all citizens of Meridian or should we exclude certain groups based upon their relations to people involved in this process, whether it's city employees, elected officials, or judges. So, that would be the first question I would like to solicit some feedback from City Council on. De Weerd: Council? Hoaglun: I have -- De Weerd: Mr. Hoaglun. Hoaglun: The interview, Robert, does that play into the scoring rubric or is that a tie breaker or how does that fit into the whole thing if you do the interview aspect? Meridian City Council January 27, 2009 Page 8 of 18 Simison: You know, we have never done an interview, so we haven't evaluated that to this point in time. It would really kind of -- I think it depends on how many people we get to apply for these scholarships. I mean last year we had 13 people and when you, get down to it, you have eliminated about four or five might off the bat, because they didn't meet the criteria. So, you are giving four awards to nine people and if that's your -- under those scenarios you don't really need to have interviews, because you probably can figure out who are the best. But I think the rubric in our conversations it was -- the rubric would determine probably the top eight or ten people and, then, you would do potential interviews with them. Again it just depends on how many applicants you have, but that's a process that we would make a determination of before we started the judging process. Hoaglun: One more question if I might, Madam Mayor. Is this a one time -- just their first year in college scholarship, there is no ongoing --they don't get it for every year -- Simison: It's a one thousand dollar one time scholarship that's paid directly to the .college. Hoaglun: Okay. Thank you. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: It's not a guaranteed thousand dollars. It's what we make and how many we decide to have and what we make off the State of the City, am I not right? Simison: Well, right now it's -- Bird: I realize right now we did -- was able to give a thousand, but sometimes we might not -- Simison: Right. We talked about -- you are correct we did talk about -- in the group about potentially doing more scholarships to people if -- Bird: If warranted. Simison: -- if it was felt that there was 20 deserving people, maybe we did less than a thousand. That was the discussion of the group. You are correct, sir. Bird: And if we decided there was less and we had more money, they could have a little larger amount. If I remember -- we discussed that, too. We was going to base it on that. Meridian City Council January 27, 2009 Page 9 of 18 Simison: It was discussed. At this point in time I just left it up to a thousand dollar scholarship. Bird: Okay. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I think what you have done is -- is not necessarily what I would have come up with, but I think you did a good job and as far as the employee and our officials, I hate to discount the good work that someone's child might have done that works for the City of Meridian or is elected by the City of Meridian, but apparently we need to pass the media test. I would like to see the rubric be blind, instead of a student's name, a student identifier. And I would suggest a list of all applicants be provided to judges and the judges, then, disqualify themselves if there happens to be a familial relationship or, you know, maybe a God child or, you know, somebody they helped raise, but -- you know, whatever. Some kind of relationship. And, then, the things you talked about, the scholarship would be up to a thousand dollars. You would have -- whatever the process is you're going to have in terms of a seven person review board, etc. That needs to be on paper. The whole thing needs to be where someone can go get the whole process and I would not support the need for interviews. Simison: Just a clarification on the one point where you talk about providing -- so you would just provide the names to people -- because that was one thing in the blind was trying to not let people associate with who was in the pool and if we provide the names to the potential people, they -- they may or may not know which application goes when they are reviewing them, whose is whose, but they will have the list of people that they potentially could be when considering them. Because we did talk about how do you do that and it comes down to one person ultimately knowing, you know, who the people are and that's really the best way to try to keep it blind, the more people that know the names, the more likely is that it won't be blind. But that's -- how do you know if someone either knows someone or is related, it's -- I'm not going to know that, you know. But we can figure that out. De Weerd: You know, I guess the struggle is this is a community service award. I mean this is a community service scholarship. How can you be anonymous if you are a youth leader in our community? You know, we want to recognize these youth that have had a positive impact in this community and it's going to be hard if they have had a positive and a leadership roll in this community for it to be anonymous. So, you know, I guess that's why they did the rubric and, you know, tried to anticipate and make it blind, as blind as you can make it, and, you know, no offense to Frank and, hopefully, this is not the quote in his paper, but I don't think the media should be dictating what decisions that we feel is right for our community. So, you know, I guess I have very strong feelings of this and I probably have the strongest feelings of this, because I work with these kids. I work with the kids that are out there making a commitment to leaving an Meridian City Council January 27, 2009 Page 10 of 18 imprint and a very positive imprint on our community and so it makes me difficult -- it makes it difficult for me to be unbiased in this discussion and especially if Mr. Bird continues to put the responsibility of funding it on me and my State of the City, which I also don't think is -- is necessarily appropriate. These kids add value to our community and so I'm committed to this. I certainly can excuse myself from any selection, because I can tell you, I probably am biased, whether it's my daughter or it's anyone else's daughter or son, I believe if you put in the time and if you have the dedication to this community and you're making a difference, you're very deserving to have equal consideration and I will step off my soap box right now and let you guys discuss it, now that you know what I think. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I -- I mean I think my views come out last year. I think if the kid's deserving, I don't care who is their parents or who their legal guardian is or anything else. And there is a couple three of us probably going to have a hard time not knowing who the kids were. As I went through them last year, I knew two definite and probably three or four I was pretty sure who they were, whether their names were there or whether they weren't or whether your parent works for the city or what, as long as they are given out by the City of Meridian, most of them are taxpayers, too, so they are entitled to it if they are deserving of it. So, I have no problem defending the relationship of it. You know, I think it's great, but I do think that -- that it's a good way to take our funds that we raise out of the State of the City and use. It goes to a good cause. De Weerd: Direction. We do need to get this out to our high schools to our school counselors to make sure they get it out to seniors to be considered for this scholarship? So, we do need to get a sense of your thoughts on this topic. Bird: Madam Mayor, I think this is a great application. I'd take the fourth bullet point off and go for it. Rountree: And the declaratory -- I guess that's how you say it -- statement at the end. Bird: Yeah. That, too. I'm sorry. You're right, Charlie. Rountree: And keep it blind? Bird: Yeah. Hoaglun: And a question I would have, then, on that, if we take that off, but if there is still someone on the committee who there is a child or grandchild, would they recuse themselves for that person, not scoring or doing -- even if it's blind, I mean it would be hard not to know the activities looking at it, you know, student body president, you know, boom, boom, boom, that would be difficult even under ablind - Meridian City Council January 27, 2009 Page 11 of 18 De Weerd: I think they'd have to step off. Hoaglun: For that one -- Bird: You'd have to step off for the whole thing. It wouldn't be fair to the deal. If you have got -- and you know if -- if you had a child or grandchild, you'd know whether they applied for this or not and if they did you'd say I don't have any -- I'm not going to be on the judges part of it. Hoaglun: Okay. I just wanted clarification that that was -- would be part of that. Bird: Tammy didn't judge last year. Simison: And that's something that we can work with. You know, when we are soliciting -- because there is nothing in here in what I presented that says it has to be the chamber president, for example. You know, it could be anyone from the chamber and we can have those discussions with them if they know someone who plans on applying that they are related to, ask them not to -- you know, get that information up front, so, you know, we can try to eliminate them. Hoaglun: Besides, Madam Mayor, my observation of the whole flap was coming from an out of town newspaper, it wasn't the hometown newspaperthat had problems, so -- De Weerd: That's correct. Bird: I sat two and a half hours and explained -- yeah. De Weerd: Great observation. Okay. You have your answers?. Simison: I do. The only thing I would further ask, you know -- and I don't know who -- where this will come from, but is it right now the thought that we would want to stay with primarily four scholarships or do we look at -- after the rubric are done and count the chips and see where they lie and -- De Weerd: Well, Robert, I think in our budget it was four, so that's what we will stay with. Simison: Okay. All right. That works. De Weerd: Okay. Simison: Thank you. Meridian City Council January 27, 2009 Page 12 of 18 2. Resolution No. Reappointment of Joe Marshall to Planning and Zoning Commission: De Weerd: Okay. Item No. 6-A-2. It's just to reappoint Joe Marshall to the Planning and Zoning Commission. He has been an excellent addition to the Commission and so my recommendation to you is -- and my hope is that you will approve this reappointment of Joe Marshall to the Planning and Zoning Commission per this resolution. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the resolution 09-649 for reappointment of Joe Marshall to P&Z. Bird: Second. De Weerd: Okay. I have a motion and a second to reappoint Joe Marshall as recommended. If there is no discussion, Madam Clerk. Roll-Call: Bird, yea; Rountree, yea; Zaremba, absent; Hoaglun, yea. De Weerd: All ayes. Motion carves. MOTION CARRIED: THREE AYES. ONE ABSENT. B. Clerk's Office: 1. Discussion of License and Permit Fee Exemptions: De Weerd: Item 6-B is our city clerk's office. Nary: Madam Mayor? De Weerd: Yes. Nary: Madam Mayor, Members of the Council, I could probably start on this, because it's really around the ordinance and, then, I think Ms. Holman has just a couple of things to wrap up. After our discussion last week -- this is on the license and permit fees. We discussed at length about trying to find something that could deal with the varieties of different events that we have and so what is on the end of your agenda tonight for just first reading, because we want this to track with your hearing for the fees itself, you will see in the packet now -- in the mobile sales unit there are exemptions for governmental entities and 501 (c) entities. So, that -- the 501 -- the reason fora 501(c) and not the designation of (3) is some are (3), which are charitable organizations for, essentially, private groups, like the Lion's Club or the Optimist's Club or public groups like the Meridian City Council January 27, 2009 Page 13 of 18 Chamber of Commerce. There is two different types. So, either one of those would be covered. Again, they need the permit. They don't have to pay for it. We still want to track the activities to -- for police purposes, for tracking purposes for the event purposes, they just don't have to pay for it. The one significant change is we did include in the no -- no fee also for the temporary uses. This was carved out after our lengthy discussion that temporary use permits for a temporary sales unit for conducting a car wash for school or youth organization does not require a fee. Again, they still need a permit, but they don't have to pay a fee for it. That, again, it's a fairly narrow group and we felt comfortable in our discussion with my staff that, one, I think it's defendable. Secondarily, I don't think anybody's going to want to challenge tha# on such a small thing. And, again, it's open -- I think as Council Member Hoaglun raised, it's open to anybody. I mean if anybody wants to put on this for this purpose, it's not -- it's not simply the school. So, it can be a booster organization, it can be somebody else, but it's only for the limited purpose of the car wash. We will track this over the next year. We will probably be coming back to you again in the next winter and giving you sort of an update with the clerk's office of how many did we have, did we have 500 of these now, because we opened the door to it, or do we still have around what we had last year, which is about 30. So, we'll have a better sense of tracking how the fees impacted those things, but we did try to carve out that exception to allow for those limited types of activities that we felt were at least defendable from a city standpoint. They are nondiscriminatory and everything else in this, otherwise, is just taking out that the specific language in each of the ordinance sections that identifies the specific fee and pointing them towards a fee schedule, instead of the ordinance itself. There are some language -- and I think Ms. Holman brought it up last week, as you well know from me being here, when we clean up an ordinance I like to clean it all. I don't like to clean it up and bring it back to you again another time. But we felt it was such a major undertaking to try to clean everything up with the fees at the same time, we felt we took it in two chunks. So, you will be seeing a few of these ordinances again, because there is some language that probably needs to be cleaned. We wanted to get these fees in front of you sooner. So, those are probably the two things, just as a reminder or discussion from last week. De Weerd: Thank you. Jaycee, do you have anything to add? Holman: Mr. Nary covered all of it. De Weerd: Okay. Thank you. Council, any questions? Hoaglun: Madam Mayor, just a good job. Appreciate you doing that work on that. I think it worked out well. Nary: There is no action to take here. You will just have your first reading at the end of the agenda, so - C. Purchasing Department: Meridian City Council January 27, 2009 Page 14 of 18 ABS Budgeted Contract Amendment No. 7 for $1,429.00: 2. Advanced Sign Budgeted Contract Amendment No. 2 for $5,127.00: 3. Alpha Masonry Budgeted Contract Amendment No. 3 for $520.00: 4. Apex Budgeted Contract Amendment No. 3 for $3,746.00: 5. Axelsen Concrete Budgeted Contract Amendment No. 1 for $6,880.00: 6. Buss Mechanical Budgeted Contract Amendment No. 4 for $5,304.00: 7. Schindler Elevator Budgeted Contract Amendment No. 3 for $1,950.00: De Weerd: Thank you. I appreciate your follow up. Okay. Item 6-C is our purchasing department. Keith. Watts: Thank you, Madam Mayor, Council Members. Tonight we have, I believe, seven contract changes for the City Hall building. Total for the seven tonight is 24,956. Six of these are owner initiated and one of them is the result of ACHD changes to our irrigation box out front. De Weerd: Okay. Watts: Any questions? Bird: I have none. De Weerd: No. Bird: Madam Mayor'? De Weerd: Mr. Bird. Bird: I move we approve the following contract amendments. ABS, 1,429 dollars. Advanced Sign, 5,127 dollars. Alpha Masonry, 520 dollars. Apex, 3,746 dollars. Axelsen Concrete, 6,880 dollars. Buss Mechanical, 5,304 dollars. Schindler Elevator, 1,950 50 dollars. I move we do that and before I get a second, I want to say I don't know if Keith's doing this or not, but, man, I love this being rounded off to the even dollars. Meridian City Council January 27, 2009 Page 15 of 18 De Weerd: It makes your motion shorter. Bird: Yeah. Hoaglun: I'll second that. De Weerd: Both of them. Hoaglun: Both of them. De Weerd: Okay. Any discussion? Rountree: I have none. De Weerd: Madam Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, absent; Hoaglun, yea. De Weerd: All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Thank you. Thank you, Tom. Hoaglun: Ask for the Mayor to sign and the Clerk to attest. De Weerd: Yes. I do believe that the Mayor was to sign and Clerk attest? Bird: You better believe it. I apologize for not saying that, but -- De Weerd: Okay. Bird: That's automatic. Item 7: Items Moved from Consent Agenda: De Weerd: There were no items moved from the Consent Agenda. Item 8: Tabled from January 13, 2009: FP 08-021 Request for Final Plat approval for 7 building lots on 25.87 acres in C-N and L-O zoning districts for Education Campus Subdivision No. 2 by Joint School District No. 2 - south of East Leigh Field Drive and east of North Locust Grove Road: Meridian City Council January 27, 2009 Page 16 of 18 Item 9: FP 08-018 Request for Final Plat approval for 5 commercial building lots and 2 common lots on 19.18 acres in a C-G zoning district for Pinebridge Subdivision No. 1 by Stanley Consultants, Inc. -1830 E. Pine Avenue: De Weerd: We have had request from the applicants on Items 8 and 9 to move their items to a different agenda. Mr. Nary, we don't need a motion to do that. Nary: Madam Mayor, no, you don't. Item 10: Ordinance No. 09-1394 ZOA 08-002 Request to amend and add to the current provisions of the Unified Development Code (Title 11 of Meridian City Code) relating to adoption of a new administrative design review process and associated implementation procedures for Design Review by Meridian Planning Department: Item 11: Ordinance No. 09-1395 :Deleting In-Code References to Clerk's Office Fees: De Weerd: Okay. Items 10 and 11 are ordinances. Item 10 is 09-1394 and Item 11 is 09-1395. I will ask our clerk to, please, read these by title only with the notation that Item 11 is the first reading. Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 09-1394, an ordinance amending Title 11 of the Meridian City Code regarding zoning and subdivision regulations, codified at Title 11, entitled the Unified Development Code of the Meridian City Code relating to adoption of a new administrative design review process and associated implementation procedures for design review and providing for a waiver of reading rules and providing an effective date. Holman: This is the first reading of 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 investigation 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. Meridian City Council January 27, 2009 Page 17 of 18 De Weerd: Thank you. You have heard these two ordinances read by title only. And, Council, I would ask for a motion on Item 10. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I move we approve ordinance 09-1394 with suspension of rules. Rountree: Second. De Weerd: I have a motion and a second to approve Item 10. If there is no discussion, Madam Clerk. Roll-Call: Bird, yea; Rountree, yea; Zaremba, absent; Hoaglun, yea. De Weerd: All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 12: Executive Session per Idaho State Code 67-2345(1)(c), (fi): De Weerd: We are at the end of our agenda and, Council, I guess when I asked for approval of the agenda we did not add an Executive Session. If it is your desire to add that at this time, I would say we can do so. That is our purview. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I move we go into Executive Session as per Idaho State Code 67-2345(1)(c) and (1)(~• Hoaglun: Second. Rountree: Second. De Weerd: I have a motion and two seconds to adjourn into Executive Session. If you will, please, call roll, Madam Clerk. Roll-Call: Bird, yea; Rountree, yea; Zaremba, absent; Hoaglun, yea. De Weerd: All ayes. MOTION CARRIED: THREE AYES. ONE ABSENT. Meridian City Council January 27, 2009 Page 18 of 18 EXECUTIVE SESSION: De Weerd: Okay. I'd entertain a motion to come out of Executive Session. Rountree: So moved. Hoaglun: Second. De Weerd: All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Do I have a motion to adjourn? Hoaglun: So moved. Rountree: Second. Bird: Second. De Weerd: All those in favor. MOTION CARRIED: THREE AYES. ONE ABSENT. MEETING ADJOURNED AT 9:21 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) G°~~ n _ ~~ AYOR TAMMY De WEERD ATTEST: i~a ~ ~~ / ~ DATE APPROVED ,,,,,,,, r Fo E L. HOLMAN, CITY CAE ~L ' ~ ~ s 9 '~°P O .~ Q t ts~ . P,~.\~. '~ 9 .~ /~~~~~rrrrr.e .,~~~1>>~~~