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HomeMy WebLinkAbout2009 06-02Meridian City Council Meeting June 2, 2009 A meeting of the Meridian City Council was called to order at 7:00 p.m., Tuesday, June 2, 2009, by Council President Charlie Rountree. Members Present: Charlie Rountree, Keith Bird, Brad Hoaglun, and David Zaremba. Members Absent: Mayor Tammy de Weerd. Others Present: Ted Baird, Jaycee Holman, Pete Frieman, Kyle Radek, Bill Johnson, Scott Colaianni, Matt Ellsworth, Bruce Freckleton, Steve Siddoway, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird Mayor Tammy de Weerd Rountree: Good evening. I want to welcome you all to the Tuesday, June 2nd, City Council meeting. Roll call attendance, please. Item 2: Pledge of Allegiance: Rountree: If you would all stand and join me in the Pledge of Allegiance. (Pledge of Allegiance recited.) Item 3: Community Invocation by Clyde Weber with LDS Church: Rountree: This evening we are joined by Bishop Clyde Weber to give the community invocation and, please, join us in that and -- or, if not, take this as a moment of reflection. Weber: Heavenly Father, we approach thee this evening in the attitude of prayer and express our appreciation for this fine community, the City of Meridian, where we live and enjoy life and we are especially appreciative of those who have gone before for their efforts and for their sacrifices to make this such a fine community. We are also grateful to the citizens of our great country and the freedoms that we enjoy and we thank thee for that and we pray that thou would bless our servicemen and women who are in the military throughout the world. May they be protected and blessed. And we invoke thy blessing tonight, then, upon this meeting, may we work toward making our community, our city, a better place to live and we pray for our leaders that they might ever strive to do so and these things we pray in the name of the Lord Jesus Christ, amen. Rountree: Jaycee, do you have any pins down there? City pins? Meridian City Council June 2, 2009 Page 2 of 33 Item 4: Adoption of the Agenda: Rountree: Next item on the agenda is the adoption of the agenda. Zaremba: Mr. President? Rountree: David. Zaremba: There are no actual changes requested for the agenda, except that we do need to fill in some blanks. Item 11, the resolution number is 09-668. Item 13, the ordinance number is 09-1411. Item 14, the ordinance number is 09-1412. Item 15, the ordinance number is 09-1413. Item 16, the ordinance number is 09-1414. Item 17, the ordinance number is 09-1415. And with that noted I move that we adopt the agenda. Hoaglun: Second. Rountree: It's been moved and seconded to adopt the agenda. All those in favor? Motion passes. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda: A. Approve Minutes of April 14, 2009 Pre-Council Meeting: B. Approve Minutes of May 19, 2009 City Council Workshop Meeting: C. Concession License Agreement for Meridian Settler's Park with Will Loverde dba Idaho's Five Star Concessions: D. Lease Agreement with Will Loverde dba Idaho's Five Star Concessions for Concessions Operations at Meridian Settler's Park: E. Approve New Beer and Wine License for EI Tenampa located at 906 North Main Street: F. Task Order No. 10002a with CH2M Hill, Inc. for Odor Control Preliminary Design for Headworks at the WWTP for $36,900.00: G. Award of Bid PW09-014 with Contract Approval with Challenger Companies, Inc for Well 27 Pumping Facilities for a not to exceed amount of $350,767.16: Rountree: Next item is the Consent Agenda. Meridian City Council June 2, 2009 Page 3 of 33 Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: I move that we adopt the Consent Agenda as published and in the case of things that need to be signed, we authorize the Council President as acting mayor to sign and the clerk to attest. Hoaglun: Second. Rountree: It's been moved and seconded to adopt the Consent Agenda. Need a roll call vote. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. Item 6: Department Reports: A. Planning Department: 1. Request to Amend Area of City Impact for Boise Ranch Golf Course: Rountree: Next item, Department Reports, the Planning Department. Pete, are you going to do that? Okay. Thank you. Friedman: Council President Rountree, Members of the Council, the item you have before you tonight is a request from the owners of the Boise Ranch Golf Course, essentially asking Council to provide some direction or direct staff to provide a letter, in essence, releasing their portion of property that's currently located within our area of city impact. They are desiring to include -- right now the property is split by Meridian and Boise, sharing cities of impact boundaries in there and they are desiring of going into the city of Boise's area of impacts and city -- the Boise utilities run through the property. Mr. Schultz is here representing the owners. It's really not a formal action. What we would be doing or directing him to do is to gain approval from the city to remove it from our area of city impact, go to Boise, essentially, gain their approval and incorporate it into their area of city impact and, then, he can embark on the process of going through the county on both our behalf and the city of Boise's behalf to amend those areas of city impact. The only actions that we would need to follow up on is at some point in the next couple of rounds when we are doing Comprehensive Plan future land use map amendments, if they are successful in getting the county to change those boundaries, then, we would have to amend our future land use map to, essentially, remove this -- this area that's designated public/quasi-public from our plan. But that's a -- not a necessary requisite tonight. Meridian City Council June 2, 2009 Page 4 of 33 Rountree: Thank you, Pete. Matt, did you want to provide us some information? Schultz: Good evening, President and Council. Matt Schultz, RMR Consulting, 2127 South Alaska, representing Wilson Properties, LP. You know, I really see this as maybe a clean up of the Comp Plan. It's an impact when it goes through one property, it's at the end of a sewer run. It's in the Kuna fire district. It's in United Water. And you're going to have those situations as you get around the fringe, but this is truly one of those areas that I think, since the other half of the property is -- already has Boise city service and some current county subdivisions that will be annexed when Boise gets there -- right now I think Boise is up at Victory and, then, they will -- as they come south they will just annex and so we just -- I see this as a clean up. The owner would like to just have one agency or one entity to look at the long term master planning. He's not looking to do anything right now, but he doesn't want to take anything off the table down the road, maybe for his kids or grandkids, if something should change in the market he may -- three or four years ago I guess they did a little sketch of some townhome re-workings at the golf course a little bit. Nothing major. I don't think there is any tax base loss here to Meridian that's of any significance, if that's a concern. And I guess with that I agree with Mr. Friedman that I guess we are looking for a letter or direction from Council to direct staff to write a letter to the city of Boise allowing us to move forward in that process through them and into the county, to release it from your service and impact area. So, with that I'd stand for any questions. Thank you. Rountree: Any questions from Matt? Bird: I have none. Schultz: Thank you. Rountree: Seeing no questions, what's the desire of the Council? Zaremba: Mr. President, I do have a question for Mr. Friedman, if I may. Certainly we have done this before when there was a good reason and I really don't personally see any reason not to do it this time, but the -- my recollection is the other times that we did it we were able to find another little piece that didn't fit and trade. Apiece that was in Boise and should have been in Meridian was traded at the same time that we traded this way. As you look up and down our future impact in conjunction with Boise, is there any other piece of property that we should couple with this and say we will give you this if you give us that? Friedman: Thank you, Council President Rountree, Council Members. I don't know of any. When we were going through the process of kind of finalizing the area of city impact boundaries with the county last year, we gave it a pretty good scrutiny, but I would be happy to look into that for you. I don't have a lot of the history about some of those other areas. We thought that we were pretty close when -- when we went to the county last year and we are hoping or hopeful that that would probably be one of the last areas of impact boundary adjustments we do for some time. So, I'd be happy to Meridian City Council June 2, 2009 Page 5 of 33 look into that for you before we write a letter or we can follow up with the city of Boise, if that's appropriate or if that's your wishes. Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: If you don't have one that just jumps out at you already, I wouldn't hold it up for that and I realize it was looked at pretty thoroughly last year. So, if something doesn't strike you immediately I wouldn't hold it up for that. Friedman: Okay. Zaremba: Thank you. Hoaglun: Mr. President, follow-up question with Pete. I'm not opposed to doing -- moving the boundaries here for the golf course, but just looking ahead, are we going to have some more properties that -- in this same area that we are going to have to be cleaning up, too, down the road or is this kind of out on its own right now? Friedman: Council President, Council Members, that's a good question. This one just kind of came in at us. We have had some discussions with Mr. Schultz trying to decide for his clients which way they wanted to go. Originally we were possibly talking about some interim sewer service, so that they could eventually annex, but we really haven't been approached by anybody else in terms of wanting to adjust the boundaries. Hoaglun: Okay. Thank you. Rountree: Any further questions? Discussion? Brad, for your education at one point in time this general area was brought to the city for consideration to move it into Boise and it included properties to the west of the Boise Ranch Golf Course and up on the rim. In looking at that fairly recently, it was discovered that it didn't make an awful lot of sense that Boise Ranch was split in two, more or less, by our impact area lines. So, that's why this came forward. Hoaglun: Okay. Makes sense. Thank you, Mr. President. Rountree: So, Matt, I think you have the general direction and, Pete, have the general direction that Council is favorable to this request and you could prepare a letter to that -- Friedman: Would you like that for your signature? Rountree: That would be great. Friedman: Okay. I will be happy to do that. Meridian City Council June 2, 2009 Page 6 of 33 B. Public Works Department: 1. Agreement for Diamond View Assisted Living to Hookup to the City of Meridian's Sewer /Water Svstem Outside the City Limits: Rountree: Thank you. Next item on the agenda is the agreement for Diamond View Assisted Living hookup. Kyle. Radek: Mr. President, Council Members, the applicant Scott Jenkins on behalf of Diamond View Assisted Living is requesting to enter into an agreement with the city to hook up to city services outside the city limits and consent to annex within six months of being contiguous. Currently the applicant has an application in with the county dated for June 11th. The county application is for a CUP to construct a 34,440 foot -- square foot addition to an existing residential care facility that will employ 12 employees and house 111 residents upon completion. The applicant will construct about 1,300 feet of 12 inch water main from the intersection of Eagle and Amity Road to and through the applicant's development. Sanitary sewer to this development will be through a temporary private lift station and force main, which will connect to an existing eight inch line located in Palatino Road in the Pali Subdivision. The applicant has also made a commitment to dedicate 24,470 dollars to the City of Meridian for any necessary upgrades associated with the Pali Subdivision off peak pumping station. This surety can also be used by the City of Meridian for construction costs associated with sewer services to Diamond View Development. Staff is recommending approval of the proposed agreement and now I'll stand for any questions. Rountree: Any questions for Public Works? Kyle. Zaremba: Mr. President? Rountree: David. Zaremba: I appreciate giving it in writing that they are consenting to be annexed in this. The only question I would ask, actually, is of the fire department. Have you had an opportunity to look at their expanding plans and determine water flows or sprinkler systems or anything? Johnson: Councilman Zaremba, Council President, Members of Council, no, I have not personally. I don't know if Deputy Chef Silva or the fire plan reviewers have, but I'm sure that's in the works. We currently provide protection out there, even though they are not in the city limits, they are in our rural. Zaremba: So, you would be satisfied if their plans went ahead? Johnson: Yes. Meridian City Council June 2, 2009 Page 7 of 33 Zaremba: And eventually when we annex them they will comply. Johnson: Yeah. Then, they will have the -- once they get annexed, then, they will have water supply, which will actually be an improvement in our ability to protect out there. Zaremba: Thank you. Rountree: Any further questions? Bird: Mr. President? Rountree: Mr. Bird. Bird: I move that we enter into an agreement with Diamond View Assisted Living for water/sewer hookup outside the city limits and for the president to sign and the clerk to attest. Zaremba: Second. Rountree: It's been moved and seconded to approve Item 6-B-1, the agreement with Diamond View Assisted Living. All those in favor. Opposed? Motion passes. MOTION CARRIED: ALL AYES. C. Parks Department: Property Description for Western Ada Recreation Pool Site in Storey Park: Rountree: Next item on the agenda, Parks Department. Storey Park and Westem Ada. Siddoway: Thank you, Mr. President. The Meridian Parks and Recreation Department has been approached by the Westem Ada Recreation District regarding the pool site in Storey Park. You have a diagram in front of you on the screen. The yellow line depicts the current property line within which the Westem Ada Recreation District owns -- has ownership. As you can see -- let me see if this will work. That's all right. The line runs right through their existing building for the swimming pool and they are proposing that they would like to clean this situation up with a property line adjustment and quitclaim deeds. Mr. Gary Smith is here from Westem Ada Recreation District and can speak more specifically if you have questions. At this point we are just looking for direction as to whether this is something we should pursue. There are still outstanding questions that need to be resolved. Because these properties were purchased through -- with land and water conservation fund monies, we need to -- I see a head shaking. Am I incorrect about that, Mr. Bird? Meridian City Council June 2, 2009 Page 8 of 33 Rountree: Actually, LWC monies were spent for the construction of the pool and the park property, as well as the pool property, were donated by the dairy board. Hoaglun: Okay. Rountree: Now, just a point of clarification for those that are confused as to how this could happen, this is an example of how Meridian got to be Meridian, through cooperation and the spirit of needing something and just flat getting it done. This goes back to the early '70s and it's just a happenstance of the community needing a swimming pool and a place to have it and having benefactors in the community to make it happen. So, today when you do something in the park or at the pool, you do a survey to make sure things are square with the world and it just so happens there is a pool improvement being done and a new survey took place and low and behold they didn't quite match up. So, just trying to remedy that. Siddoway: So, the area shown in orange is the area that's proposed to be deeded to the Western Ada Recreation District out of the park. It would have a -- it would result in a slight decrease in the park acreage overall, but the end result would be a much cleaner property line. Mr. Baird, any comments about the involvement or reviews that this would have to go through? Baird: Mr. President, Members of the Council, just a reminder that when the city disposes of any real property, whether it be to another governmental agency, we have to go through a public hearing process, a notice and hearing whereby the Council would direct that the land be deeded. So, I think that's what we are looking for direction from the Council tonight would be whether or not you want us to bring this back for a public hearing in order to quitclaim that orange portion to the Westem Ada Rec District. Rountree: Thank you, Ted. Any questions? Comments? Bird: Mr. President, Iwould -- I think it would be a real nice thing to get it straightened out. I thought we had done it about eight or nine years ago, but evidently it wasn't followed through with. Seeing how both the land for Storey and this was donated by the same outfit, I don't know why it would be a hang up not to go for a quitclaim and give it to Westem Ada where it's not taking that much park area for us I don't believe. So, I would be in favor of going ahead with it. Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: I, too, think it's a good idea. The only thing I would wonder is in the northwest comer depiction of it, that little tiny sliver that sticks out, I'm guessing the two rough circles are trees and I would wonder why the line doesn't just go to the right -- of the right of those two trees. Why is there a couple of foot wide section that sticks out -- yes, you're pointing to the right place. Is there any reason to have that odd little piece? Meridian City Council June 2, 2009 Page 9 of 33 Rountree: No. Zaremba: It seems like the line would be simpler if you just -- Siddoway: I think maybe what we ought to do is as we look into this we can look into how it's likely to be maintained, because that is right where the road does come around and it's probably more easily maintained with the pool property. However that makes the most sense we can make that work. Zaremba: Thank you. Hoaglun: Mr. President, I'd just weigh in on this. I, too, think we ought to be cleaning this up and get them to have the property in the proper place and I think your comments, Mr. President, were appropriate about how we get things done and this stuff comes along and, well, we just got to take care of it when it happens and at the risk of showing my age, I remember when it first opened and we had a PE class there and some kids teamed how to swim that first year it was open and it's been a great amenity for this community for a very long time and glad to see it still in operation. Rountree: Any further comments? General consensus from the Council? I see heads nodding to move forward. Let the record show that my head did not nod. Siddoway: Mr. President, we will take that direction, then, and move forward with this, get it scheduled for a public hearing once we have quitclaim deeds ready. D. City Clerk's Office: 1. Appeal of Temporary Use Permit requirement for Renaissance Day by Jacki Briggs: Rountree: Thank you. Next item. City Clerk. Holman: Members of the Council, Council President Rountree, this item is an appeal of a temporary use permit. It's actually a condition of approval that's being appealed for the Renaissance -- Ye Old Renaissance I believe is what it's called. Let me get this in front of me here. Yeah. Ye Old Renaissance Fair 2009. It's -- the applicant's name is Jacki Briggs and she is present here in the audience tonight. The condition of approval that the applicant is appealing is one that Lieutenant Overton of the police department placed upon this application. I put a copy of the a-mail in front of all of you and I also have a copy of Mrs. Briggs' appeal letter. So, Mrs. Briggs is present, as is the cutlery vendor. His name is Robert Frazier or Bob Frazier with Bob's Cutlery and I believe Mrs. Briggs -- do you want her to come forward, President Rountree, and -- Rountree: If you're through with your comments. Meridian City Council June 2, 2009 Page 10 of 33 Holman: I believe so. Yes. Rountree: Mrs. Briggs, if you would come forward. If you'd give us your name and address for the record. Briggs: My name is Jacki Briggs and I live at 1770 West Oakley in Kuna. 83634. Rountree: Thank you. And you want to tell us the nature of your appeal. Briggs: Okay. I would like to appeal the wording in the condition that Lieutenant Overton placed on it. He did -- I did speak with him and he said that I had the right to appeal to you guys and so he encouraged me to call the city clerk's office, so I did that. The wording does say no outside vendors will be allowed to sell any weapons, such as firearms, guns, or edged weapons, knives, at the city park. And we -- with it being a Renaissance fair we have lots of performers with, you know, swords and reenactment blades and different, you know, medieval weapons that there will be reenacting and stuff. They didn't have a problem with that, but they only had the problem with the actual sale of the weapons, but we would like to appeal that, because we really feel like this is a vital vendor to our event. We've had a lot of interest in it already and so we really feel like he's a valuable vendor. He lives in Meridian here and he is very reputable, he's been at numerous events. I have a list I believe she put before you of events that he's been at and there has been no problems. There is also references and we do have restrictions, even though there is no laws or ordinances pertaining to this, we did agree to go ahead and, be more restrictive than other fairs and say no sale of knives or any shorter blades, just swords, and so we would like to have you guys appeal that and amend that, so that we could allow him to sell at the fair. And I also wanted to extend a formal invitation from her majesty Lady Margrave and if you guys wish to come, get in contact with me and we have a special place for you in the royal tent to be able to watch all the performances. Rountree: Any questions? Comments? Hoaglun: Mr. President? Rountree: Brad. Hoaglun: Just a quick question, Jacki, on here. You said you decided to be more restrictive, would not allow the sale of knives, shorter blades, or other such weapons. When we talk about shorter blades, are we talking pocket knives or what distinguishes a shorter blade versus alonger -- Briggs: Pocket knives. Yeah. Pocket knives and daggers. Yeah. Hoaglun: Okay. Is there asize -- I guess what I'm trying to say -- when you say a long -- I think of a sword and I'm thinking of a lengthy weapon. But, then, when does it not become a sword? I mean at what point? Meridian City Council June 2, 2009 Page 11 of 33 Briggs: I think that Bob would be -- if he would be willing to come up and if you would hear him, he would probably be able to better answer those questions. And, then, as you saw in there, we also added that no one 18 -- you know, younger than 18 would be able to purchase, even though that's not required in the state law and that all weapons would be piece tied. They would be, you know, held down by some kind of device, so that they couldn't be taken off the racks without the dealer and they would be piece tied at -- when they were sold, so -- Rountree: If we could get all your questions taken care of and, then, we will get Mr. Frazier up here. Thank you. Any further questions? Bird: I have none. Rountree: Mr. Zaremba? Okay. Timing's bad on my part. Mr. Frazier. Frazier: Anyway, thank you, President and City Council Members. My name is Robert Frazier. I live at 2069 West Tiano Drive, Meridian. 83646. Anyway, I just wanted to bring up a point -- I know that there has to be laws and regulations for anything and, you know, we totally respect that. I set up regularly at what I listed here. I have never had a problem. I know that like at a Civil War reenactment, if the town were to host one, you know, there would be a guy there selling guns and swords and bayonets to the members of the club, but not the general public, where there would be a thing off to the side, maybe with some toy Civil War soldiers and plastic swords or wooden guns and, you know, I just wanted to see if the city would be willing to like give us a try. I think I'm always invited to go to these, because our -- our setup's alot -- you know, it's classier than other ones. It's not just a table with all kinds of edge weapons thrown out, you know, without any respect to parents or other people. I know the -- the large swords I sell, the medieval type ones -- I wanted to bring one, but she didn't think it was a good idea. I was going to show you. They are not -- they are not sharpened. I really market it as -- as home decor and it did well -- we went to the Greenleaf Home Show, which was on a -- on school property and when I was invited to go to it the first thing I said was you can -- I don't think you can bring knives or swords onto school property and, you know, they didn't seem to have a problem with it, but what they wanted was to see what we set up and, you know, I showed you everything in the picture, although in the background by the oriental swords you will see that they are hanging on a board there, like it would look in your house. You know, some people would -- you know, they would do a -- a den in their house and, you know, they would kind of have a medieval theme or something in it and they would hang an Excalibur sword or a Celtic sword up there. These swords aren't sharpened. Now, just like anything, I'm sure you could break someone's shoulder or hurt someone with it if you swung it at them and hit them, of course. But, then, again, someone could pick up a rock on the ground and do the same thing, but my only point is we don't sell to minors. We never have. I have -- we have went to other places and other stores tell us, well, you know, I can really sell a knife to whoever I want, I mean there is really not a rule. They kind of stick with 16. We stick with 18 and that's out of the respect of the parents. We will have kids that come up and Meridian City Council June 2, 2009 Page 12 of 33 want to buy them and we will go, well, you know, we are sorry, kid, you're going to have to bring your parent up. I have a lot of returning customers who buy stuff for their -- you know, their kids to display in their room and I think they buy them, because they aren't edged and sharpened. Of course, I can get the ones that are like that, but in this day and time everything like that's way too expensive and no one will buy it. Like if I were to sell medieval swords like you're talking about here, they would be -- you know, a sharpened one that they would call battle ready to where, you know, it would do a lot of damage if someone should swing it, I mean they are in the, you know, six hundred, seven hundred dollar range and, you know, no one's going to pay for something like that. And a lot of people feel safer where you just hang a -- and it's like I said, I market it as home decor, because, really, it is. I have a couple in my house and my wife doesn't like it at all, but they are up there and I have a den and, you know, some people decorate them with guns and some people decorate them with pictures and I decorate my den with, you know, Civil War stuff and medieval swords and fixed blades. So, you know, I was willing to go the extra mile, because I am a citizen of Meridian and, you know, we have to travel all over when we do this and it would be nice to do something so close to my house. I mean I'm a -- I'm a big block away, but I live in Bridgetower and it's over by the Fast Eddies, the new park, and my kids play soccer and baseball at it and, you know, I was willing to kind of go the extra mile just to talk to you just because I live here and I think our setup is a lot classier than what you're not wanting to have. You know, we -- if you looked at the one picture, even the pocket knives we sell, they are all under a glass case and lock. We wouldn't want someone walking off with them in the first place. You know, the pocket knives are very collectable also and we know a lot of people that collect them. We don't sell like switch blades or automatic, you know, knives, although they are legal here and sometimes I will have -- I will have a client ask me if I can get them and that's to my discretion. You know, if I thought he was, you know, a criminal element or someone that gave you the wrong idea, I wouldn't sell it to them. I have had kids come up and want knives that you could push the button on someone and it would come out and I'm looking at them like, no, I'm not going to -- I'm not going to sell that to you. But, you know, there are collectors who put them in glass case, just like you see in the one picture. The swords I display are on a rack or they are on a -- on a plaque like you see the ones in the back and this is what we are talking about is the medieval swords and some Celtic swords and some of them are like sabers with hilts. Once again, they are not the battle ready type that have a blade that would cut you. Everybody that -- we put up signs everywhere on every table, every three or four feet, please, do not handle the cutlery. Ask for assistance. So, if somebody were to want it, I could pull it off. Now I display them in a fan display where they stick in and they are stuck in hard and they are on top of a table and it's not something someone's going to grab and easily walk off with or go. everything I sell is brand new, so if someone were to buy a medieval sword, it would be packed up in the box and styrofoamed and wrapped in plastic like -- like it is, you know, brand new -- like it would come in brand new. So, from what I understood they were saying they were considering we could sell it like with pictures and, then, if someone could take an order from the picture and I don't think that will work. You know, it's not going to work for me. It's a hard enough sale in the first place. I do have a regular job, I only do this as a -- as Meridian City Council June 2, 2009 Page 13 of 33 a hobby, because I collect cutlery and I don't collect it for weapons to attack people, it's more like I collect it for art or home decor. Rountree: Bob, I'm going to break in at this point before you talk yourself into a hole. Are there questions for you? And I know Mrs. Briggs would like to have a comment. Hoaglun: The question Ihad -- I posed to Jacki, Bob, is -- you know, their letter talked about they are not going to allow the sale of knives, shorter blades, or other such weapons and what constitutes a shorter blade? I mean what -- what will be sold versus -- you know, if this was allowed, is it anything over 18 inches? Is it anything over two foot? Frazier: I would think we are talking swords, generally, and they would be anywhere from 36 inches to 54 inches. Hoaglun: That's the Conan model; right? Frazier: Yeah. I have a lot of them and we laugh, it's really ridiculous, I really don't think they would have been that long and heavy. They create these and I -- to date I'm a pretty good historian, I think, and I to date have never seen the original -- like Excalibur sword and they sell that and someone makes it up on how it looks and generally they are broad swords and they are long and the majority of them I sell are on plaques anyway, so you would hang it on a plaque on your wall. Or some of them do come with a leather sheath and they constitute -- I would say, you know, mainly we are talking swords. I do sell daggers, you know, different types, but I think in the spirit of the Renaissance fair they want me to sell the medieval type swords. Rountree: Any further question? Bird: Mr. President? Rountree: Mr. Bird. Bird: Mr. Frazier, I notice all the places you go, do you set up in any public parks where playgrounds and stuff are? Have you ever set up in any of those -- Frazier: Yeah. Kuna Days. Bird: Is that in a park? Frazier: That's in a park. We -- generally it's tough. We make good money at it, but, you know, there is kids that are always coming up wanting to touch them, you know, walking off with them and, you know, that's the kind of thing that we don't like. The Greenleaf Home Show was at the school there, it was a private charter school there in the middle of town. All the flea markets are open in the public. The Fruitland show is at the military area right there as you cross over the river to get into Oregon. You know, Meridian City Council June 2, 2009 Page 14 of 33 we kind of fit into that genre, I guess you would call it, where the Western Idaho Fairgrounds, it's a -- it's very full and it is a flea market, antique collectable thing and we are right in the middle and they are all on racks and we have yet to have a problem. But mainly the one -- to answer your question, it would be Kuna Days, which is a park, and it's a daytime activity for two days and it's quite large and there are a lot of public there and there is a playground area. Rountree: Any further questions? Jacki, you had a comment? Briggs: Thank you. I just wanted to make sure we clarified that we were talking about a certain, you know, inch long of sword that we -- he agreed for us to restrict him, even though he does -- that really cuts his business -- his whole partner out of his pocket knives and his kitchen cutlery and all that, that he has agreed to go with the restrictions that we requested. So, we were, you know, really trying to be very careful and even before the police department, you know, had their concerns. So, I just wanted to make sure you guys knew that and clarify it. Rountree: Thank you. Any other comments, questions, regarding this? Hoaglun: Question for Jacki to be sure. So, the participants at this fair will be coming in with their own swords -- Briggs: Yes. Hoaglun: -- primarily. They will be dressed in costume -- the period -- of the period and will have that and, then, you want to provide an opportunity for them to purchase a collectable sword if they wish to? Briggs: Yes. We have actually had quite a few performers who have asked us if we have a sword dealer coming in, because they are looking to upgrade and -- you know, and stuff like that. So, yeah. Hoaglun: Okay. And, Mr. President, one last question. Is this the first time you have held it in Meridian in a Meridian park? Briggs: First time holding the event altogether. Hoaglun: Okay. Briggs: But I have helped with the Sun Valley Renaissance Fair and they are actually helping sponsor ours to get it going, so -- Hoaglun: So, you don't have horses -- Mr. President, one last question, I guess. We don't have horses involved? No, jousting -- Briggs: No. Meridian City Council June 2, 2009 Page 15 of 33 Hoaglun: So, Steve's okay with that, so -- Briggs: Yeah. I have worked very closely with Steve and Collin for the last two months on really, you know, doing that and they had some concerns about archery and so they have left the door open for next year, but, you know, we -- they decided not to allow us to do the archery this year, so -- Hoaglun: Okay. Thank you. Rountree: Further comments? Questions? Bird: I have none. Rountree: Steve, do you have a comment? Okay. Scott. Colaianni: Mr. President, Council Members, we discussed this quite awhile with staff today and, you know, we don't ever want to sacrifice public safety for making money and I have, myself, seen the temporary use permit. I had not seen this letter. It appears that they have done some things to mitigate some of the risk. My question for Bob is will you be working the booth? Frazier: Oh, yes. Colaianni: Or do you have other people do it? Frazier: No. No. I have -- I have a partner, who is like retired and he's the one that would display, you know, pocket knives and he's under a different bracket than me. I have the tax ID number and that's for the -- mainly the reason -- like most people set up at a flea market, you go to the grocery store and buy bleach and Comet and everything else to sell it -- Colaianni: Well, I guess my question is are you going to have any minors working in the booth? Frazier: No. No. Absolutely not. Colaianni: And what are the hours of this Renaissance? Briggs: 10:00 a.m. to 8:00 p.m. Colaianni: One day? Briggs: Uh-huh. Colaianni: That's all I had. Thank you. Meridian City Council June 2, 2009 Page 16 of 33 Rountree: Thank you. Ted. Briggs: And I just wanted to make sure that -- Rountree: Excuse me. Excuse me. Briggs: Oh. I'm sorry. Rountree: Ted, any words of wisdom? Baird: Mr. President, Members of the Council, I think you have all the information before you that you need to make a decision. Rountree: Okay. Thank you. Jacki. You had another comment. I didn't mean to cut you off, but I had asked our attorney for a comment, so -- Briggs: I'm sorry. I'm forgetting about the protocol. I just wanted to comment to Scott, I wasn't sure if you had -- you know, had seen the -- the proposal and stuff like that. I just wanted to make sure that you were aware of the other conditions that we are meeting all of the conditions of the permit they had put on us. The Meridian police asked us -- because we have security, my husband is, actually, an Ada County sergeant and he organized all the security. So, we have two to three security guards on site all day on Friday for set up and all night awake for the perimeter and all day on Saturday. Rountree: Thank you. I have a question for Steve. Siddoway: Yes, sir. Rountree: Has the liability insurance been provided with -- Siddoway: I'm going to turn to Jaycee. She was -- Rountree: Jaycee. Holman: Council -- Members of the Council, Council President Rountree, yes, they have complied with the insurance portion of the -- the permit is complete. Rountree: Thank you. Hoaglun: Mr. President, I'd like to inquire of Scott, if you wouldn't mind. What constitutes a sword? What length are we talking about here when we talk about they are not going to sell short blades, but, again, I keep going back. That can mean anything from a little pocket knife to -- to what? Meridian City Council June 2, 2009 Page 17 of 33 Colaianni: Yeah. I think you're looking for a definition that none of us really have. I mean we are looking for something that's black and white. I mean certainly a sword, too, I mean you get back to common sense. A sword is, obviously, a very long -- what we would -- very long knife, depending on what you're talking about. You know, when we start talking about pocket knives or small knives or shanks or those types of things, those are things that typically you could conceal on your person fairly easily. The stuff that they are talking about is -- obviously, there is not a concealment concern there, because of the length of them. I mean the minimum was three feet I believe he said, 36 inches. And so that doesn't concern us as much as, you know, the smaller type of pocket knife top and switch blades and shanks and stuff like that. Hoaglun: Thank you. Colaianni: You bet. Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: We probably could make our own definition for this purpose and say -- if we are so inclined, we would approve a sword that is an item that has a blade longer than 30 inches, unsharpened. Rountree: You certainly may. Any comment, question, direction, with respect to the request? Zaremba: Do we need a motion? Rountree: We need a motion on whether or not to recognize the appeal and allow modification of the one permit requirement with respect to edged weapons. I don't think you want to deal with firearms. Zaremba: Huh-uh. Mr. President? Rountree: Mr. Zaremba. Zaremba: I would move that we approve a modification of the one condition to allow unsharpened swords with a blade in excess of 30 inches. Hoaglun: I would second that if we also include that no sales would be made to anyone under the age of 18. Zaremba: That's also included. Thank you. Hoaglun: Thank you. Meridian City Council June 2, 2009 Page 18 of 33 Rountree: Motion has been made and seconded to -- with the stated conditions to allow modification to the permit to allow of the edged weapons greater than 30 inches, not sharpened, and not sold to anyone under 18 years of age. Any discussion? My comment is that there was a statement about how they would be packed and in terms of a box and styrofoam and packing tape. I would request the maker of the motion to include that in his motion as well. Zaremba: I would be happy -- yes, they should be packaged and not available for immediate use. Hoaglun: And I would second that, with the understanding that if it's a plaque mounted, it may be -- you know, they could sell that, but if it's mounted, then, it's packaged, if that was included in the definition. Rountree: Okay. Maker of the motion agree? Zaremba: Yeah. The maker agrees. Rountree: Dean, do you have all that down? Thank you. Motion's been made and seconded. Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: I don't think it has to be part of the motion, but I would also say that that doesn't preclude them from having a catalog of the things that they sell and taking orders for delivery at a different time. Rountree: I think that's correct. I don't think we have any ordinance that speaks to that. Okay. A motion's been made and seconded. All those in favor -- does this need to be roll call or --okay. Roll call vote. Roll-Call: Bird, yea; Rountree, nay; Zaremba, yea; Hoaglun, yea. Rountree: Just for the other side of judgment, I'm going to say no. MOTION CARRIED: ALL AYES. Item 7: Items Moved from Consent Agenda: Item 8: Public Hearing: RZ 09-001 Request for Rezone of 7.65 acres consisting of 25 single-family residential lots and 2 common lots (Lots 1 and 2 and a portion of Lot 3, Block 2; portions of Lots 1 & 10 and Lots 2-9, Block 1, Dove Meadows Subdivision No. 1; portions of Lots 11 & 12 and Lots 13- Meridian City Council June 2, 2009 Page 19 of 33 24, Block 1, Dove Meadows Subdivision No. 2) from L-O to R-8 for Dove Meadows by City of Meridian Planning Department -various properties in Dove Meadows Subdivision Nos. 1 and 2 zoned L-O: Rountree: Next item on the agenda, public hearing for AZ 09-001, request for rezone for Dove Meadows. It is a public hearing. Is the applicant here? Who is going to -- Pete, you're going to make the comments? Okay. Friedman: Thank you, President Rountree, Members of the Council. Actually, the city is the applicant in this case. This is a city initiated rezone for a portion of the Dove Meadows Subdivision located north of Fairview Avenue off Hickory Way, about midway between Locust Grove and Eagle Road. The application is for the rezone of seven and a half acres consisting of 25 single family lots and two common lots that are currently zoned L-O and the application is to rezone them to R-8, which would make them consistent with the rest of the Dove Meadows Subdivision. No specific development is proposed and, really, the purpose of the rezone is to clean up the zoning map and also to remove the nonconforming status for those single family homes and, as I said, zone them consistent with the rest of the lots in the Dove Meadows Subdivision. The Planning and Zoning Commission held a public hearing on this request on May 7th of this year. At the conclusion of that hearing they voted to recommend to you approval of the application. There are no real outstanding issues for Council. There has been no written testimony and with that I'd be happy to answer any questions. Rountree: Any questions for Pete? Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: The rezone is the residential portion and not including the church site? Friedman: That is correct. Zaremba: Thank you. Rountree: Any other questions? Bird: I have none. Hoaglun: None. Rountree: This is a public hearing. Does anyone wish to testify on this item? Seeing none, do you have any wrap-up comments, Pete? Meridian City Council June 2, 2009 Page 20 of 33 Friedman: Mr. President, Council Members, I do not. As I say, this is, really, just a clean up of the zoning map and providing the 25 lot owners the same rights and privileges that are accorded their neighbors in the rest of their subdivision. Rountree: And I have a copy of the sign-up sheet and Carolyn Hall has indicated she's for this and if you want to say something, come on. Thank you. If you do, we need you up here on the record. Didn't mean to put you on the spot, but -- your name and address for the record. Hall: My address is 2646 Apricot Court. I'm one of those homes -- my name is Carolyn Hall. Rountree: Thank you. Hall: And we just would like our homes zoned with the rest of the complex, the rest of the subdivision, so that it's all correct. Rountree: Thank you. And the other sign-up person was James Holsclaw and he wasn't for or against or neutral, so -- and he left. Any other comments? Seeing none, any motion? Hoaglun: Mr. President, I move that we close the public hearing on RZ 09-001. Bird: Second. Rountree: It's been moved and seconded to close the public hearing on Item No. 8. All those in favor? Opposed same sign? Motion passes. MOTION CARRIED: ALL AYES. Hoaglun: Mr. President? Rountree: Mr. Hoaglun. Hoaglun: I move that we approve RZ 09-001. Zaremba: Second. Rountree: It's been moved and seconded to approve Item No. 8. Roll call vote. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. Rountree: Pete, are you going to handle this next one? Meridian City Council June 2, 2009 Page 21 of 33 Friedman: Yes, I am. Rountree: Okay. And I would say if you could catch Carolyn, you might address her comment about being rezoned or zoned in with this and how they might go about accomplishing that in the future. Friedman: Mr. President, Council Members, we, by this action, will bring them into conformance. Rountree: Okay. Friedman: We have done this -- we met with Mrs. Hall as a representative of the neighbors, gosh, back I think in December or something like that, talked about her options, and at that point, because -- I .don't even know all the history of it, because there was that difference on the zoning map, that none of them had been really aware of and so forth, that the city staff took the initiative to process this application on their behalf, so -- Rountree: So, it's in process? Friedman: This is it. With your action tonight and the adoption of the findings. Item 9: Public Hearing: ZOA 09-001 Request for Zoning Ordinance /Unified Development Code (UDC) Text Amendment to modify and clean up specific sections of the UDC for Outdoor Storage and Parkins Unified Development Code Text Amendment by City of Meridian Planning Department -See application for details of all sections proposed for amendments: Rountree: Okay. Very good. Next item, No. 9, public hearing for ZOA 09-001, Outdoor Storage and Parking Unified Development Code Text Amendment. Pete. Friedman: Thank you, Council President Rountree, Members of the Council. As you can see from the information we presented you, there are quite a few amendments to the UDC. They are primarily intended to be clarifications based on interpretations that staff has been making as we have been reviewing development applications over some time now and they really address landscaping and storage -- screening of storage and the location of parking of recreational vehicles and things like that in single family neighborhoods. I can run through them all if you like. I can hit some of the highlights. One of the highlights is that we have a requirement currently for perimeter landscaping in our zones. Well, we have found that in some areas it doesn't make sense where you have cross-access agreements across parking agreements, so you have a parking line spanning the property lines and a strict interpretation of the code would require a five foot landscape buffer along that. One of the other proposed amendments is to give the planning director the ability on a case-by-base basis in industrial zones to examine the requirement for the perimeter landscaping, so in areas where you might have vehicle Meridian City Council June 2, 2009 Page 22 of 33 turning movements and so forth, it gives the director the ability to waive those based on a demonstration by the property owner that the land on either side is probably industrial anyway or it's needed for the full functioning of that property. Other amendments set up or clarify the screening requirements in our industrial zones and -- if you'd like I'll just hold on for a moment. Zaremba: Excuse me. Rountree: Are you going to make it? Zaremba: I took something down the wrong pipe about three days ago and I can go for hours without it biting me, but every once in awhile it bites me. Excuse me. Go ahead. Friedman: And I think one of the other more significant or -- the changes is that for some time now we have been -- well, the city staff and the code enforcement staff have been responding to complaints and so forth of people parking large recreational vehicles, boats, equipment, trailers and so forth in their driveway and streetscape setback and what the proposed amendments would do would really restrict the parking in those areas to registered vehicles, automobiles and such and require that the RV's, the boats, the trailers and so forth be parked either in a side yard or in a rear yard and screened to a height of six feet. And it also establishes some performance criteria for the base under their -- dustless base, not necessarily paving and so forth. So, quickly, that's a summary of the amendments. I'd be happy to go through them line by line if that's what you wish. One outstanding issue -- and it was brought up, too, buy our staff was that we really hadn't proposed changes to -- right now the code does allow for an encroachment of 120 square foot area into landscape buffers. Well, we found out that Sanitary Services has increased their dimensional requirement for their trash enclosures to 144 square feet. That came post Planning and Zoning Commission hearing, so I'm taking the chance on putting forth to you that staff would be recommending to increase that 120 square feet to -- allowed to 144 square feet. Now, this wasn't technically considered by P8Z, I don't know if we would need to remand it back or not, so -- Rountree: Any questions for Pete? And I don't know that we would have to remand it back for that last point you made. Friedman: Okay. Rountree: Comments? Questions? Bird: I have none. Rountree: This is a public hearing. Anyone wish to submit testimony? I don't have anybody signed up. It's your opportunity, Ralph. Seeing none, I need a motion. Bird: Mr. President? Meridian City Council June 2, 2009 Page 23 of 33 Rountree: Mr. Bird. Bird: I move we close the public hearing on ZOA 09-001. Hoaglun: Second. Rountree: It's been moved and seconded to close the public hearing on Item No. 9. All those in favor? Opposed same sign? Motion passes. MOTION CARRIED: ALL AYES. Rountree: Need a motion. Bird: Mr. Mayor? Rountree: Mr. Bird. Bird: Madam Mayor -- I mean. Mr. President -- when I goof up, I may as well goof up good. I move we approve ZOA 09-001, the change as stated by Mr. Friedman. Hoaglun: Second. Rountree: It's been moved and seconded to approve Item No. 9 with the addition of the encroachment structures of 144. Roll call vote. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. Item 10: Public Hearing: 2008 CDBG Action Plan Amendment: Item 11: Resolution No. 2008 CDBG Action Plan Amendment: Rountree: Next item on the agenda is the public hearing for the 2008 CDBG Action Plan Amendment. Matt. Ellsworth: Thank you, Council President, Members of the Council. What these next two items amount to is an amendment to the city's 2008 CDBG Action Plan and what it really boils down to is the city is taking the necessary steps that are required in orderto secure some of the stimulus funding that came with the American Recovery and Reinvestment Act back in February. The total amount of funding that the city is eligible to receive is 64,584 dollars. As part of this process the city began a public hearing on April 21st after reviewing some of the guidelines, if you will recall from a couple of weeks ago. The project that was initially contemplated didn't fall all that cleanly in line Meridian Ciiy Council June 2, 2009 Page 24 of 33 with some of the requirements coming from HUD, relating it back to the stimulus -- the stimulus act. So, on May 19th staff presented to Council the possibility of introducing a different project that does more closely meet the intent of the recovery act. That project is to construct a ten foot multi-use pathway across the recently constructed culvert just north of 8th Street park that crosses the Five Mile Drain. That project was originally requested of the transportation stimulus bill that is designed and ready to move forward, shovel ready project per federal standards. So, again, these are -- these are relating to the federal requirements for use of stimulus funds. In your packet there is, in addition to the resolution, some standard forms that they require and in addition to those, staff will also be submitting to the Department of Housing and Urban Development a narrative description of the project that, basically, relates exactly what this project is and what it will do for the economy back to those -- those overarching aims of the AAR -- or the ARRA, excuse me, recovery act. I was watching the news the other night and they were touting a project to the tune of 8.5 million dollars, a new bridge construction project that would produce 20 jobs over the course of that construction, so that comes out to the tune of 425,000 dollars per job. This project will create -- the contemplated project before you this evening will create four jobs for a more condensed duration of construction, but the creation of four jobs for 60,000 dollars after you subtract out the administrative costs of implementing this thing, you've got a pretty good ratio, it's roughly one job per 16,000 dollars invested. So, it's a project that staff is -- is confident recommending for use of these funds. As a precursor to moving forward to address the CDBG oriented requirements, it will also require a survey, a service area residence, so that will push the time line back slightly, although it will still fall well within the stated goals of the stimulus act once funds become available. So, with that I will stand for any questions. Rountree: Any questions for Matt? Again, this is a public hearing. Anyone wish to make comments on the 2008 CDBG Action Plan Amendment? Seeing none, need a motion. Bird: Mr. President? Rountree: Mr. Bird. Bird: I move we close the public hearing. Zaremba: Second. Rountree: Moved and seconded to close the public hearing. All in favor? MOTION CARRIED: ALL AYES. Bird: Mr. President? Rountree: Mr. Bird. Meridian City Council June 2, 2009 Page 25 of 33 Bird: I move we approve Resolution No. 09-668, to 2008 CDBG Action Plan Amendment. Hoaglun: Second. Rountree: It's been moved and seconded to approve Item No. 11, the Action Plan Amendment. Roll call vote. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. Item 12: Amendment to Ordinance No. 09-1400 A: RZ 08-004 Request for Rezone of 93.64 acres from L-O (Limited Office) and R-4 (Medium Low- Density Residential) to C-G (General Retail and Service Commercial) (25.10 acres), L-O (Limited Office) (10.70 acres), C-C (Community Business) (37.84 acres) and R-15 (Medium-High Density Residential) (20 acres) zones for Volterra Mixed Use by Primeland Development Company, LLP -west of North Ten Mile Road and north of West McMillan Road: Rountree: Next item is the amendment to Ordinance 09-1400A. If you would read that by title, Madam Clerk. Holman: City of Meridian Ordinance No. 09-1400A, an ordinance RZ 08-004, Volterra Mixed Use for rezone of a tract of land as described in special warranty deed instrument number 106099040, records of Ada County, Idaho, together with a portion of a tract of land that's described in special warranty deed instrument number 106099041, records of Ada County, Idaho, together with a portion of a tract of land as described in special warranty deed instrument number 106041249, records of Ada County, Idaho, together with a portion of the right of way of West McMillan Road and North Ten Mile Road, situated in the southeast quarter of Section 27, Township 4 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 L-O, Limited Office District, and R-4, Medium Low Density Residential District, to C-G, General Retail and Service Commercial District, L-O, Limited Office District, C-C, Community Business District and R-15, Medium High Residential District, 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. Rountree: You have heard the reading by title of Item No. 12. Anyone wish to have that ordinance read in total? Seeing none -- Meridian City Council June 2, 2009 Page 26 of 33 Bird: Mr. President? Rountree: Mr. Bird. Bird: I move we approve Ordinance No. 09-1400A with suspension of rules. Zaremba: Second. Rountree: It's been moved and seconded to approve Item 12. Do we need roll call on that? Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. Item 13: Ordinance No. AZ 08-013 Request for Annexation and Zoning of 32 separate tax parcels owned by 28 different property owners consisting of a total of 55.6 acres that are currently receiving city water and/or sewer service by City of Meridian -Implied Consent -David Purnell: Item 14: Ordinance No. AZ 08-013 Request for Annexation and Zoning of 32 separate tax parcels owned by 28 different property owners consisting of a total of 55.6 acres that are currently receiving city water and/or sewer service by City of Meridian -Implied Consent -Rigby: Item 15: Ordinance No. AZ 08-013 Request for Annexation and Zoning of 32 separate tax parcels owned by 28 different property owners consisting of a total of 55.6 acres that are currently receiving city water and/or sewer service by City of Meridian -Implied Consent Leslie R. Schild: Item 16: Ordinance No. AZ 08-013 Request for Annexation and Zoning of 32 separate tax parcels owned by 28 different property owners consisting of a total of 55.6 acres that are currently receiving city water and/or sewer service by City of Meridian -Implied Consent - Sumfun II: Item 17: Ordinance No. AZ 08-013 Request for Annexation and Zoning of 32 separate tax parcels owned by 28 different property owners consisting of a total of 55.6 acres that are currently receiving city water and/or sewer service by City of Meridian -Implied Consent -Henry 8< Veldeen Torkelson Trust: Meridian City Council June 2, 2009 Page 27 of 33 Rountree: Madam, if you would read titles for Items 13 through 17. Holman: City of Meridian Ordinance No. 09-1411, an ordinance AZ 08-013, implied consent for David Purnell for annexation of a parcel of land located in the southwest one quarter of the northwest one quarter of Section 29, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and temtory situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands from RUT,j Ada County, to R-2, Low Density Residential District, 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. Holman: City of Meridian Ordinance No. 09-1412, an ordinance AZ 08-013, implied consent, Rigby, for annexation of a parcel of land located in the northeast one quarter of Section 14, Township 3 North, Range 1 West, Boise Meridian, and includes Lot 11 of Van Heeth Subdivision as shown in Book 12 of Plats at page 688 in the office of the recorder, 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 RUT, Ada County, to R-4, Low 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: City of Meridian Ordinance No. 09-1413, an ordinance AZ 08-013, implied consent, Schild, for annexation of a parcel of land located in the northwest one quarter of Section 20, 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 RUT, Ada County, to R-4, Low Density Residential District, 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. Holman: City of Meridian Ordinance No. 09-1414, an ordinance AZ 08-013, implied consent, Sumfun II, LLC, for annexation of a parcel of land located in the northeast one quarter of the northwest one quarter of Section 4, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, as described in Attachment A and annexing certain Meridian City Council June 2, 2009 Page 28 of 33 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 RUT, Ada County, to C-C, Community Business District, 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. Holman: City of Meridian Ordinance No. 09-1415, an ordinance AZ 08-013, implied consent, Henry and Veldeen Torkelson Trust, for annexation of a parcel of land located in the northeast one quarter of Section 7, 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 RUT, Ada County, to OT, Old Town District, 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. Rountree: You have heard Items 13 through 17 read by title only. Anyone wish any of those items to be read in total? Heads are shaking no. I need a motion. Bird: Mr. President? Rountree: Mr. Bird. Bird: I move that we approve Ordinances No. 09-1411, 09-1412, 09-1413, 09-1414, 09- 1415, with suspension of rules. Zaremba: Second. Rountree: It's been moved and seconded to approve Items 13 through 17. Roll call. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. Item 18: Executive Session per Idaho State Code 67-2345(1)(d) - (to consider records that are exempt from disclosure as provided in chapter 3, title 9, Idaho Code): Rountree: Last item on the agenda is Executive Session. Meridian City Council June 2, 2009 Page 29 of 33 Bird: Mr. President? Rountree: Mr. Bird. Bird: 1 move we go into Executive Session as per 67-2345(1)(d), Idaho State Code. Hoaglun: Second. Rountree: It's been moved and seconded to go into Executive Session. Roll call vote. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. EXECUTIVE SESSION: Hoaglun: Move we come out of Executive Session. Bird: Second. Rountree: It's been moved and seconded to come out of Executive Session. All in favor? Opposed same sign? Motion passes. MOTION CARRIED: ALL AYES. Rountree: We have a couple items and Robert had some just general information. Do you still have some that you wanted to talk to us about? Simmons: I guess, yeah, just -- Rountree: Well, after we get through with this business. Simmons: Yeah. Bird: Resolution number. Rountree: We need a resolution number. Holman: 09-669. Bird: Mr. President? Rountree: Mr. Bird. Bird: I move we approve resolution number 09-669. Meridian City Council June 2, 2009 Page 30 of 33 Hoaglun: Second. With suspension of rules? Bird: No, you don't have to -- not on a -- Hoaglun: Oh, that's right. I'm sorry. I will second that still. Rountree: Okay. And no rules. It's been moved and seconded to approve resolution 09-669. Roll call. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. Rountree: We have another item with respect to entering into an agreement for sewer improvement. Hoaglun: Mr. President? Rountree: Brad. Hoaglun: I would move that we enter into an off-site sewer improvement agreement between the City of Meridian and Frank Stotts, F&C Development Company, Inc. And part of that motion would be the -- for the Council President to sign. Bird: And clerk to attest. Hoaglun: And clerk to attest. Bird: Second. Rountree: It's been moved and seconded to approve -- enter in and approve a sewer improvement agreement authorizing signature and attestation. Roll call. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. Rountree: That concludes the business. Robert, you had just some general information that has come up? Simmons: Yeah. I sent an a-mail about this, but I just wanted to follow up with you and let you know that the ITD board meeting on June 18th, they have tentatively agreed to put the city on the agenda for discussion of Meridian interchange. It's not going to be discussed in the context of anything specific related to STIP or examination of excess GARVEE funds, but that will be the city discussion. Once we know the exact time of that we will let you know. Most of you are going to be at AIC, so, hopefully, you will be Meridian City Council June 2, 2009 Page 31 of 33 able to depart with the Mayor and go to that board meeting where -- to try to get resolution, so you will probably have a resolution in front of you next week or the week after from the city in support of this, as well as letters and we are doing that trying to get that from all of the cities here in the valley, as well as support from the chamber of commerce for that. So, just want to make you aware of that. June 23rd at 3:00 p.m. is the groundbreaking for Ten Mile interchange, so that is -- from everything that we have been told that's the final date and time. Bird: What time again? Simmons: 3:00 p.m. Bird: 3:00. Simmons: June 23rd and the location is planned to be where the current batch plant is, even though we have been told that it was coming down. I think the people have made reference to that. And, then, just to follow up also, I know that I sent an a-mail about the June 24th event relating to the core at 2:00 p.m. and I just want to make sure you guys had all those dates. In addition, I understand that there was some interest in potentially having a tour of Vengaworks. You know, Councilman Hoaglun had mentioned that. I just wanted to get a sign of people who might be interested. One. Two. Three. What I would recommend potentially doing is doing it maybe as a 6:00 o'clock on a Tuesday night before our City Council meeting, maybe looking for the last one this month or first one in July. Well, actually, that's July 4th. So, maybe last of this month or the second one in July as a potential date. But with that in mind Iwill -- we will just get a time set up with Mark. Rountree: That would fit my schedule. Is that a date you're going to be in town, Brad? Hoaglun: Yes. Rountree: Okay. Simmons: The last one of this month? Rountree: Yeah. Simmons: Okay. We will see if we can -- Rountree: Be the 23rd. Simmons: -- make that happen. Okay. Rountree: Robert or Scott, on that property where that dedication is going to take place, I didn't notice today, but I believe it was yesterday or the day before our public hearing notice placard and sign is still up and those were supposed to come down like three to Meridian City Council June 2, 2009 Page 32 of 33 seven days after the public hearing. There were two. There is-still -- there was still one, let's make sure that's down before we have the public out there and I know that was a subject of one of the neighbor's complaints. Okay. Anything else? Simmons: No. Rountree: Thank you for that. Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: I would just like to discuss or suggest a calendar thing for our workshop meeting, which would be the 16th, and that would be a post-mortem kind of report, either a department report from parks or police or both of them combined, about how the Renaissance Fair went. I think we should have apost-mortem of some sort. Rountree: We could -- we could get that from the Parks Department. Bird: I was going to say, why not parks for our workshop. Rountree: That sounds good on the 16th. If you would make note of that, Jaycee, when we calendar the agenda for that or set the agenda for that. Colaianni: I will be here on the 16th as well, so if there is any questions. Rountree: Okay. And you can -- Colaianni: We can talk. I'll talk with Steve ahead of time, but I will be here on the 16th as well, so -- Rountree: Okay. Thank you. Zaremba: Thank you. Holman: Council President Rountree, Council Members, we also -- I don't know if any of you checked your a-mail, but we set the date for the joint meeting with ACRD. It's at 10:00 o'clock on I believe June 29th. I'm trying to -- Rountree: 29th is the date. Holman: 29th. It's a Monday. So -- Zaremba: 10:00 o'clock is the preferred time? Holman: Yes. Meridian City Council June 2, 2009 Page 33 of 33 Bird: ACHD. Rountree: Very good. Any other general business? Need a motion. Bird: I move we adjourn. Hoaglun: Second. Rountree: It's been moved and seconded to adjourn. All in favor. MOTION CARRIED: ALL AYES. Rountree: We are adjourned. Thank you. MEETING ADJOURNED AT 9:13 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) ~¢TAMMY DE WEERD, MAYOR ATTEST:_ JA ~ / 9 / ~~ DATE APPROVED r HOLMAN, ~I CLE~CAL .~ss~~ o~ ~ e i-rin inn