HomeMy WebLinkAbout2009 05-12Meridian City Council Meeting Mav 12, 2009
A meeting of the Meridian City Council was called to order at 7:00 p.m., Tuesday, May
12, 2009, by Mayor Tammy de Weerd.
Members Present: Mayor Tammy de Weerd, Charlie Rountree, Keith Bird, Brad
Hoaglun, and David Zaremba.
Others Present: Bill Nary, Jaycee Holman, Pete Friedman, Tom Bany, Scott Colaianni,
Joe Silva, Steve Siddoway, 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: Good evening. I'd like to welcome you all here. It is, for the record,
Tuesday, May 12th. It's 7:00 o'clock. I will start tonight's meeting with roll call
attendance.
Item 2: Pledge of Allegiance:
De Weerd: Item No. 2 is our Pledge of Allegiance. Tonight we will be led by Ashton
and Landon Gwin. They were both with Troop 306 and I will just ask them to come
forward at this time.
(Pledge of Allegiance recited.)
De Weerd: And I do have two pins for both of you and thank you for leading us tonight.
Thank you. That's probably the only exciting part of our agenda for you boys, so we
appreciate you being here.
Item 3: Community Invocation by Bob Cutler with Christ Lutheran Church:
De Weerd: Item No. 3 is our community invocation. Tonight we will be led by Pastor
Bob Cutler. He's with Christ Lutheran Church. If you will all join us in the community
invocation or take this as an opportunity for a moment of reflection. Pastor, thank you
for being here.
Cutler: Madam Mayor, it's a pleasure and honor to be here this evening and into this
new facility. This is my first time to do the invocation in this new facility and it truly is
beautiful and thank you.
De Weerd: Thank you.
Meridian City Council
May 12, 2009
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Cutler: Let us pray. Almighty and most merciful God, Lord, we pray that you would
keep this city and, Lord, we know that the wickedness and cunning of sinful people,
unless you protect us, will destroy us. And, therefore, I come to you, oh, Lord, placing
in your hands the needs of our city, asking you to give wisdom and ability, sane
judgment and moral purpose to those who govern us. Lord, I know that the task is
difficult, the duties are many, they range everywhere from administrative, to fire and
police, public works, and garbage, and the whole thing, Lord, and if it doesn't work it's a
sad thing to see. Lord, we know that you are the one who is powerful. We pray, oh,
Lord -- we pray for this City Council and for the many people who support them, that
you would support them with your might, Lord, that crime and lawlessness would be
controlled and righteousness and integrity would prevail. Lord, we pray -- I pray, oh,
Lord, that you would make me a law abiding citizen, one who will seek the welfare of the
community. Above all, Lord, grant that more people in our city will -- will see our Lord
Jesus as their savior and serve him with faithfulness and untiring zeal. Lord, make ours
a truly Christian community and give us officials who dedicate themselves
wholeheartedly to you and to their tasks and their assignments. And, Lord, we pray that
where citizens are actively looking out for the interests and welfare of all, including the
poorest in our community. Lord, we lift up all these prayer requests before you, for then
yours is the glory and the praise through endless days, we pray this in Jesus' name,
amen.
De Weerd: Thank you for being here.
Item 4: Adoption of the Agenda:
De Weerd: Item No. 4 is adoption of the agenda.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: On the agenda, Item 5, the Police Athletic League item has been requested
to remove for tonight. Items 12 and 13 have both been requested by the applicants to
be continued until our meeting of May 26th and would not be heard tonight. Item 17,
the Executive Session, is already scheduled to be for per State Code 67-2345(1)(c).
We need to add (1)(f) to that as well. With that I move we adopt the agenda as
amended.
Hoaglun: Second.
De Weerd: Okay. I have a motion and a second to adopt the agenda as amended. All
those in favor say aye. All ayes. Motion carves.
MOTION CARRIED: ALL AYES.
Meridian City Council
May 12, 2009
Page 3 of 18
Item 5: Recognition of PAL Hall of Fame Coaches:
Item 6: Proclamation for Women's Health Week:
De Weerd: Okay. Item No. 6 is a proclamation for Woman's Health Week. Is there
someone here this evening to -- okay. If you will join me up front. If you can introduce
yourself.
Archuleta: Yeah. I'm Cheryl Archuleta. I'm a physician assistant at Central District
Health Department.
De Weerd: Well, thank you for joining us. This is a proclamation for Woman's Health
Week. Whereas National Woman's Health Week celebrates the extraordinary progress
of woman's health and whereas keeping women healthy and safe and promoting
awareness of woman's health issues depends on partnerships and with social health
and other services; whereas, woman can promote health and prevent disease and
illness by taking simple steps to improve their physical, mental, social and spiritual
health and whereas women from all walks of life at every stage of life have unique
health needs that should be addressed in their own right and whereas more needs to be
done to safeguard the health of women for generations to come and whereas woman's
health remains a priority for families, communities, and government and our
commitment to keeping women healthy and stronger than ever, therefore, I, Tammy de
Weerd, Mayor of the City of Meridian, do hereby proclaim the week of May 10th through
the 16th to be Woman's Health Week in the City of Meridian and to encourage all
citizens to work to promote and improve the health of women and increase awareness
and understanding of women's health issues. I signed this today, dated the 12th, and if
you will all join me in recognizing and celebrating this week. Thank you for being here.
Would you like to say anything?
Archuleta: Yeah. I'd like to -- I'd like to thank you all and -- for allowing us to come here
tonight and on behalf of Central District and all of the women's health programs here in
Idaho, you know, I accept this on behalf of all of them and we are delighted to offer the
reproductive health services here to the men and women in the community and there is
quite a few other services we offer. I have an out reach brochure I'd like to share with
everybody. I will leave it on the back table there. It just talks about some of the clinics
that we have, you know, we try to start young with women's health care, juvenile
detention, we can make differences, you know, early. And I would just like to share that
all with you and I have got my card here if anybody has any questions.
De Weerd: Thank you. And here is the proclamation and one of our City of Meridian
pins.
Archuleta: Well, thank you very much.
De Weerd: Thank you for joining us.
Meridian City Council
May 12, 2009
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Item 7: Consent Agenda:
A. Approve Minutes of May 5, 2009 City Council Regular Meeting:
B. Approval of bid, administration costs, and traffic control costs
associated with Water and Sewer Improvements in
conjunction with ACHD Ustick/Linder Intersection, Phase 2
Project for the amount of $74,380.66:
C. Change Order No. 2 with Civil Survey Consultants for Well #27
for $2,804.41:
De Weerd: Item No. 7 is our Consent Agenda.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I move we approved the Consent Agenda as published 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. If there is
no discussion, Madam Clerk, will you, please, call roll.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carved.
MOTION CARRIED: ALL AYES.
Item 8: Department Reports:
A. Public Works Department:
1. Memorandum of Agreement for Work Experience
Between the City of Meridian and the Idaho Department
of Labor for IYCC:
2. Agreement For Labor Expense Reimbursement Between
The City of Meridian and the Idaho Department of Labor
for IYCC:
De Weerd: Item 8 is our Department Reports. We will start with Public Works
Department and Director Barry.
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May 12, 2009
Page 5 of 18
Barry: Thank you, Madam Mayor, Members of the Council. I bring before you tonight a
-- two agreements, actually, related to the Idaho Youth Conservation Corps. I had
placed in your box last week a memorandum describing the partnership that we are
trying to develop between the Joint School District and Department of Labor, who is,
essentially, in charge of the Idaho Youth Conservation Corps and also Meridian Public
Works Department, we are under these two agreements seeking your approval to allow
the development of a six person crew, which the Department of Labor will assemble and
a crew leader who would be a science teacher out of the school district specifically
Meridian -- Meridian Academy, to come together and develop a work crew that would
allow this group of individuals to, then, participate in various activities around the city on
behalf of Public Works, things like educational opportunities and also labor opportunities
for us in Public Works to do stream restoration and clean up, also to do some mapping,
some GIS analysis, fire hydrant painting and those sorts of things, just sort of general
labor type of work. We, under this contract, would be beneficiaries of about 2,000 hours
or roughly the equivalent of a single FTE over an eight week period with these six
individuals participating and for a value of -- or cost, I should say, which is a value to us
of only around 5,000 dollars. There are two agreements that were included in your
packet as draft agreements late last week. Those agreements I understand by the clerk
have been updated and are reflective of the city attorney's final review of the two
agreements and so with that I will be happy to answer or address any questions or
concerns you may have regarding this. Otherwise, look forward to your favorable
review and consideration of this item.
De Weerd: Thank you. Council, any questions?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Tom, on this part, the 65 percent or 4,000 -- or 5,000 dollars that we are paying,
who is going to take care of all the insurances, the Department of Labor, the city, or
school district or -- who is going to be responsible for the liability and workmen's comp
and all that stuff?
Bany: Mr. Bird, Members of the Council, that's a fantastic question. The Department of
Labor will actually be employing the crew and so all we do is reimburse them for the
labor costs. There is a small liability statement in one of the agreements that says for
our negligence or things that we would be liable, but, essentially, the worker's comp
components and those things are going to be handled by the Department of Labor.
Bird: Thank you very much, Tom.
Barry: Yes, sir.
Hoaglun: Madam Mayor?
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May 12, 2009
Page 6 of 18
De Weerd: Yes, Mr. Hoaglun.
Hoaglun: Question for Tom. On Exhibit A, the potential projects, are those listed by
priority or are they just a list of potential projects?
Barry: Thank you for you question. They are no prioritization. It's just a list of projects.
The school district is interested -- the science teacher is interested in the work being on
the Five Mile Creek restoration project and, then, also having the opportunity, even
longer term, to have some stewardship over that section of the creek. So, that does
seem to be one that will be moved forward. The fire hydrant painting is another area
that we move forward. GIS mapping, some of the other things I spoke of earlier. The
list has yet to be prioritized. We wanted to sit with the crew leader first when we got
them on board and, then, also the crew and identify what sort of educational slash labor
components we can put together mutually to make this thing work as well as we
envision it.
Hoaglun: Okay. Thank you.
Barry: Uh-huh.
De Weerd: Any other questions?
Rountree: I have none.
De Weerd: Okay. Council, if there is no further questions, our director is looking for a
recommendation.
Bird: Madam Mayor?
De Weerd: Yes.
Bird: I would make a motion and with the permission of the rest of the Councilmen, I will
just do both of these, the memorandum and the agreement, both at the same time.
Rountree: Works forme.
Bird: I move that we proceed forward with the memorandum of agreement for work
experience between the City of Meridian and the Idaho Department of Labor for the
Idaho Youth Conservation Corps and I also move that we enter into agreement with the
labor expenses reimbursement between the City of Meridian and the Idaho Department
of Labor for the IYCC.
Rountree: Second.
De Weerd: I have a motion and a second. Any discussion?
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May 12, 2009
Page 7 of 18
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: Should we include in the motion a not to exceed 5,000 dollars?
Bird: I would agree to that.
Rountree: Second agrees.
Zaremba: City's share.
De Weerd: Any further discussion? Okay. Madam Clerk, will you call roll.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
B. Legal Department:
1. Historical Research Professional Services
Agreement with Nancy Brotzman:
2. SWAC Recommendations for Use of Recycling
Funds of Projects:
De Weerd: Okay. There were no -- oh, our Legal Department. Mr. Nary.
Nary: Thank you, Madam Mayor, Members of the Council. The -- there is two items on
here. The first was the historical research professional services agreement with Nancy
Brotzman. That was brought forward by the Historical Preservation Commission at their
last meeting. They engaged Mrs. Brotzman to do some research on the Settlers -- the
Settlers project, which is to deal with the -- I guess in and around the Settlers Irrigation
District and Settlers Park area and some of the historical areas around there. She was
doing research into that. It's not to exceed 500 dollars. So, we didn't have an
agreement with her, they had just approved it, so that's why it's on your agenda for the
agreement itself. And that would need your approval to move that forward.
De Weerd: Okay. Council, any questions on this?
Rountree: Madam Mayor, I move that we approve the agreement for the professional
services with an amount not to exceed 500 dollars.
Meridian City Council
May 12, 2009
Page 8 of 18
Hoaglun: Second.
De Weerd: I have a motion and a second per this item. If there is no discussion,
Madam Clerk, will you call roll.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carves.
MOTION CARRIED: ALL AYES.
De Weerd: Okay. The next item?
Nary: Thank you, Madam Mayor. At the last meeting of the Solid Waste Advisory
Committee we did have three projects that were requested for funding with the recycling
funds. The one was approved and two were denied and, then, at the prior meeting -- I
hadn't been here since the last meeting to report -- they had also recommended denial
of another project, so let's just go down those in order real quickly. The Parks and
Recreation Department request was for $17,575.44. That was for playground
equipment for Heroes Park, that's half the cost of the equipment itself. The committee
did recommend approval of that. It did fit the criteria that's necessary for the committee
to bring that to you, so we were comfortable in moving that forward at that amount.
There is adequate funds in the solid waste account to cover that expense. The other
ones that were recommended denial was Rocky Mountain High School at our -- at our
March meeting had requested funds for a ball field mower. They felt that was a good
recycling project, because they would, then, be recycling the grass on the ball fields.
The committee did not feel that that one fit our criteria and, secondarily, we weren't
really comfortable in purchasing equipment for another entity. So, they did recommend
denial of that. Also, at the most recent meeting the other request that the committee did
recommend denial, Fieldstone Meadows had requested funds in the amount of nearly
11,000 dollars for playground equipment for their homeowners park. The committee's
recommendation was denial, because, again, it did not fit the criteria that it would be
open and available for the general public's use, it would really be primarily for the
homeowners association's use and we also did not have adequate funding. And the
last was the Meridian Joint School District No. 2 requested 45,000 dollars for a sign that
would be adjacent to the freeway for the -- the district office, as well as the ISU campus.
Again, it was one -- it was outside of the cost for -- or we didn't have adequate funding
to approve that recommendation for that sign. They were going to put recycling
information on that, they were going to promote recycling, similar to the sign that we had
before that had been approved a Sawtooth Middle School, but we just didn't have the
funds for that, it seemed a little out of our league for that amount. So, we would be
seeking your approval for the Parks and Recreation request of $17,575.44 and, then,
also your -- I guess concurrence in the denial for the three projects I mentioned, Rocky
Mountain High School ball fields, Fieldstone Meadows playground equipment, and Joint
School District No. 2's sign.
Meridian City Council
May 12, 2009
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De Weerd: Thank you, Mr. Nary. Any questions from Council?
Rountree: I have none.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I move we approve one -- $17,575.44 for the recycling fund recommended
amount and concur in the denial of the other two requests.
Nary: Three.
Zaremba: This is item two, SWAC recommendation.
Nary: Three requests that were denied.
Zaremba: I'm sorry, the other three are denied.
Rountree: Second.
De Weerd: Okay. I have a motion and a second to approve the recommendation by
SWAC. If there is no discussion, Madam Clerk, will you call roll.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carved.
MOTION CARRIED: ALL AYES.
Item 9: Items Moved from Consent Agenda:
De Weerd: Item 9, there were no items moved from the Consent Agenda.
Item 10: FP 09-004 Request for Final Plat approval consisting of 1 building lot and
1 common area lot on 5.83 acres in an R-8 zoning district for Crossfield
Subdivision No. 4 by Pride, LLC -Southwest Comer of West Ustick
Road and Venable Lane:
Item 11: FP 09-005 Request for Final Plat approval for 6single-family lots and 3
common lots on 4.45 acres in an R-4 zoning district for Shays Cove
Subdivision by Landmark Engineering and Planning, Inc. -north of East
Victory Road and'/ mile west of South Locust Grove Road:
Meridian City Council
May 12, 2009
Page 10 of 18
De Weerd: Items 10 and 11 on FP 09-004 and FP 09-005. I see that the applicants
have agreed with staff recommendations and unless, Pete, you have something further
on these, I would ask for a motion from Council.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I move that we approve Item No. 10, final plat for Crossfield Sub No. 4 -- and
do you want both of those?
De Weerd: We can do both of them.
Rountree: Let's do them separate.
De Weerd: Okay. Do I have a second?
Bird: Second.
Hoaglun: 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, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
De Weerd: Item 11.
Rountree: Madam Mayor?
De Weerd: Yes.
Rountree: I move that we approve Item No. 11, final plat for Shays Cove Subdivision.
Bird: Second.
De Weerd: I have a motion and a second to approve Item 11. Madam Clerk, will you,
please, call roll.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carved.
Meridian City Council
May 12, 2009
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MOTION CARRIED: ALL AYES.
Item 12: Public Hearing: AP 09-001 Request for City Council Review of the
Planning Director's denial of Heron River Development, LLC request for
an 18-month Time Extension for Jericho Subdivision (TE 09-013) by
Engineering Solutions - 6055 & 6185 North Jericho Road:
De Weerd: Item 12 has been requested to continue. I will open this public hearing on
AP 09-001 and ask Council for a motion to continue to May 26.
Rountree: So moved.
Bird: Second.
De Weerd: I have a motion and a second to continue Item 12 to May 26. All those in
favor say aye. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Item 13; Public Hearing: PP 09-001 Request for Preliminary Plat approval of 13
building lots and 1 other lot on approximately 10 acres in an existing I-L
zoning district for Bayside Taylor Commerce Park by Nick Schubin -
1100 West Taylor Avenue:
De Weerd: Item 13 is also a similar request to move to May 26. I will open the public
hearing on PP 091001 and ask for a motion to continue.
Bird: So moved.
Rountree: Second.
De Weerd: All those in favor. All ayes. Motion carved.
MOTION CARRIED: ALL AYES.
Item 14: Public Hearing: TE 09-014 Request for an 18 month Time Extension to
obtain the City Engineer's signature on the first Final Plat for Bainbridge
Subdivision by Brighton Corporation -Southwest Comer of West
Chinden Boulevard and North Ten Mile Road:
Item 15: Development Agreement: AZ 05-001 Request for an Annexation and
Zoning of 156.49 acres to R-8 & L-O zones for Bainbridge Subdivision
by Brighton Properties, LLC - SWC of Chinden Boulevard and North Ten
Mile Road:
Meridian City Council
May 12, 2009
Page 12 of 18
Item 16: Amended Ordinance No. 05-1147 A: AZ 05-001 Request for an
Annexation and Zoning of 156.49 acres to R-8 & L-O zones for
Bainbridge Subdivision by Brighton Properties, LLC -Southwest Comer
of Chinden Boulevard and North Ten Mile Road:
De Weerd: Okay. Items 14, 15 and 16, I -- Mr. Attorney, Mr. Nary, should I have
discussion on all three or do we do these one at a time?
Nary: Madam Mayor, Members of the Council, you can have a discussion on them all
at the same time, we will just do the motions separately.
De Weerd: Okay. Thank you. Item 14 is a public hearing on TE 09-014 and I will open
this public hearing and also entertain comments on all -- 14, 15 and 16.
Friedman: Thank you, Madam Mayor, Council Members. The public hearing is a
request for a time extension by the Brighton Corporation for the Bainbridge Subdivision.
It's located on the south side of Chinden Boulevard on the west side of Ten Mile Road
near the comer of Chinden and Ten Mile. As you know, this project has been before
the Council a couple of times. An administrative time extension was granted in 2006.
Council granted another time extension in 2007. That plat was set to expire in April of
this year. The applicant did file a timely request for the extension and that brings it
forward to you tonight. Staff is supportive of the extension. We would like to note -- and
as we have noted in the staff report, that subsequent to the adoption and approval of
the original plat there were a couple of changes in the UDC, one dealt with the amount
of open space that we have required in our subdivisions and the other one was related
to the minimum of amenities for subdivisions over a certain size. The increase in the
open space was from five percent to ten percent and it appears that the plat as
designed does meet that requirement -- in fact, we believe the original plat met that
requirement. The original plat, however, only showed one amenity. The code has
changed to require six. We are recommending approval of the time extension with the
additional condition that prior to submittal and approval of the first final plat for this that
we work with the applicant, we review an updated site landscape plan that identifies the
six -- six amenities. And as well as just verifying the open space. But other than that,
the other -- only other conditions we would recommend approval of and the rest of the
previous conditions remain in effect.
De Weerd: Thank you. Council, any questions for staff at this time?
Rountree: I have none.
Bird: I have none.
De Weerd: Okay. Would the applicant or his representative like to come forward. If
you will, please, state your name and address for the record.
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May 12, 2009
Page 13 of 18
Wardle: Madam Mayor, Members of the Council, my name is Mike Wardle with
Brighton Corporation, address at 12601 West Explorer Drive in Boise. Too many
microphones to consider using here. Obviously, Madam Mayor, we made the request
and asked for the Council's approval of the time extension, as well as approval of the
development agreement and the modified ordinance. I would just note one -- one item
and would ask for a one word addition to the staffs comment and I just picked it up as I
heard Mr. Friedman mention this and that would be that it be keyed to, you know,
providing that landscape plan and the amenity plan and so forth with the first final plat
for a residential portion of this project. We anticipate submitting a church site
application shortly for just a single lot subdivision and, then, followed, hopefully, as the
market enables us to do so ~ a bit later this year with the residential portion. So, we
would -- if you would be willing to add just that one word in that third recommendation --
recommended condition for the first final plat for the residential -- or first residential final
plat application for the subdivision, I would appreciate that. But beyond that, all things
are in order and we certainly ask for the Council's approval of this extension.
De Weerd: Thank you. Council, any questions?
Bird: I have none.
Wardle: Thank you very much.
De Weerd: Thank you. This is a public hearing. Is there any member of the public who
would like to provide testimony on this item? Council, seeing no public testimony, if you
have no further questions for the applicant or staff, I would entertain a motion to close
the public hearing on Item 14.
Bird: So moved.
Rountree: Madam Mayor -- excuse me, Mr. Bird. I -- can we leave that open until we
discuss the development agreement and the annexation, because there may be
something that comes up in that that we want to bring forward with the final plat.
De Weerd: Pete, do you have additional comments on either 15 or 16?
Friedman: Madam Mayor, Council Members, I don't really have much in the way of
substantive comments. The development agreement has been something that has
been out there for a couple of years now and we have worked with the applicant and
wanted -- and they cooperated and we have said, you know, we really need to get that
in place before things move forward and so the development agreement was generated
and returned in a very timely fashion. That's the only thing I would add.
Rountree: Okay. Thank you.
De Weerd: I'm song, did the applicant have anything further to add? Okay. Any
questions for staff or the applicant?
Meridian City Council
May 12, 2009
Page 14 of 18
Rountree: Not with that comment.
Bird: I move we close the public hearing on TE 09-014.
Rountree: Second.
De Weerd: I have a motion and a second to close the public hearing on Item 14. All
those in favor, please, say aye. All ayes. Motion carved.
MOTION CARRIED: ALL AYES.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we approve the time extension on TE 09-014, including the staff
recommendation with the third one down on the last line say and reading first residential
final plat application for this subdivision. That's it.
Rountree: Second.
De Weerd: Okay. I have a motion. and a second. Any discussion? Madam Clerk, will
you call roll.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
De Weerd: Okay. Item 15 for the development agreement on AZ 05-001. Do I have a
motion?
Friedman: Pardon me, Madam Mayor, Council Members, Director Bany just has
directed a question to me, which I'm probably going to hand off to Mr. Nary. He was
asking about the ability to include in the development agreement a provision for the use
of re-used water -- treated -- retreated water for the common areas. Is that what you
were after? There was never an original condition of approval when the plat was
originally before the Council and I'm not certain that at this point it is something we can
or cannot put in the development agreement.
Nary: Madam Mayor, Members of the Council, I think that the applicant -- we could
probably have that discussion, but, no, it wasn't originally what the findings required,
obviously, because we didn't have a program at the time. So, we would have to
negotiate that, so we might want to have the applicant come back.
Meridian City Council
May 12, 2009
Page 15 of 18
Barry: Madam Mayor, Members of the Council, I apologize for this, having this being
extended over a period of time as the program has evolved -- has presented the
situation that we are trying to wrangle with this evening. I don't think it's the intention of
the Public Works Department by any stretch to hold up the progress on this particular
project, but we would like an opportunity to work with the developer on the site and see
what we can do to negotiate something in good faith associated with the conditions for
use being allowed or required on the property, as we have done with other
developments in the area nearby. We have had good relations thus far with the
applicant on sort of different components of this related to the existing use and so, you
know, we would just continue those conversations I think, but at this point in time
wouldn't want to hold anything up.
De Weerd: Okay.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Tom, I don't believe that's something negotiated -- I don't think that has anything
to do with the development agreement, does it, necessarily?
Barry: Mr. Bird, Members of the Council, we have included that in conditions of
approval -- or, excuse me, under conditions in development agreements for at least the
Coleman property, if you remember, the -- and I think there was one other that we did
as well. So, we have required it -- this particular property is right off the main line for the
reuse infrastructure and makes a good property for utilization of that resource, but,
again, I'm not familiar if whether or not we can or should at this point in time require that
and I think maybe working in good faith off the side makes more sense.
De Weerd: Mr. Nary, I think that's something after discussion with the applicant they
could come back.
Nary: Madam Mayor, with this property, too, we still have further discussion with the
applicant regarding a park site on the property, so I mean that's certainly an opportune
time to have this same discussion.
De Weerd: Okay. Is the applicant agreeable? Thought since we are having a
discussion about you, I would invite you up.
Tumbull: Madam Mayor, David Tumbull, same address as Mr. Wardle mentioned
previously. We think that reclaimed water is a proper and appropriate use and we don't
have any objection to using it. We would want to make sure that -- that the city can
meet all of the requirements that we would have for our pressure irrigation system. I'm
not sure that it needs to be part of the development agreement and we are plenty willing
Meridian City Council
May 12, 2009
Page 16 of 18
to work with the Public Works Department to make use of it. We think it's the right thing
to do.
De Weerd: Thank you.
Bany: Public Works is satisfied with -- with that response and we will look forward to
working with Mr. Turnbull and his staff on the utilization and incorporation of the
utilization of reclaimed water on the property.
De Weerd: Thank you. Council, if there is no further discussion, do I have a motion?
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I move that we approve the development agreement for AZ 05-001.
Bird: Second.
De Weerd: I have a motion and a second to approve Item 15. If there is nothing further
from Council, Madam Clerk.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
MOTION CARRIED: ALL AYES.
De Weerd: Okay. Item 16.
Friedman: Madam Mayor, Council Members, I have no further comments on this, it's
just an annexation ordinance that we have on the agenda that we will kind of formalize
the whole process here.
De Weerd: Thank you.
Holman: Are you ready for me?
Bird: We need to read the ordinance.
Rountree: Read the ordinance.
De Weerd: Yes, please.
Holman: This is City of Meridian Amended Ordinance No. 05-1147 by title only.
An ordinance AZ 05-001, Bainbridge Subdivision for property located in Section 27,
Township 4 north, Range 1 west, of the Boise Meridian, Ada County, Idaho, as
described in Attachment A and annexing certain lands and territory situated in Ada
Meridian Ciiy Council
May 12, 2009
Page 17 of 18
County, Idaho, and adjacent and contiguous to the corporate limits of the City of
Meridian, as requested by the City of Meridian, establishing and determining the land
use zoning classification of said lands from RUT, Ada County, to R-8 and L-O, Medium
Density and Light OfFce, in the Meridian City Code, providing that copies of this
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.
De Weerd: Okay. You have heard the reading of the amended ordinance for 05-1147.
Is there anyone who would like to hear it read in its entirety? Seeing no one jumping up
and down --
Bird: Madam Mayor?
De Weerd: Yes, Mr. Bird.
Bird: I move we approve ordinance 05-1147A with suspension of rules.
Rountree: Second.
De Weerd: I have motion and a second to approve Item 16. If there is no discussion,
Madam Clerk, roll call.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Item 17: Executive Session per Idaho State Code 67-2345(1)(c) - (to conduct
deliberations concerning labor negotiations or to acquire an interest in real
properly, which is not owned by a public agency):
De Weerd: Item 17 is an Executive Session. Do I have a motion?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we go into Executive Session as per Idaho State Code 67-2345(1)(c) and
(1)(~•
Rountree: Second.
Meridian City Council
May 12, 2009
Page 18 of 18
De Weerd: I have a motion and a second to adjourn into Executive Session. Madam
Clerk, will you call roll.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes.
MOTION CARRIED: ALL AYES.
EXECUTIVE SESSION:
De Weerd: -- Executive Session.
Bird: So moved.
Rountree: Second.
De Weerd: All those in favor say aye. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Bird: I move we adjourn.
Rountree: Second.
De Weerd: All those in favor?
MOTION CARRIED: ALL AYES.
De Weerd: We are adjourned.
MEETING ADJOURNED AT 8:43 P.M.
(AUDIO RECORDING ON FILE OF THESE PROCEEDINGS)
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