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HomeMy WebLinkAbout2009 06-09Meridian City Council Meeting June 9, 2009 A meeting of the Meridian City Council was called to order at 7:01 p.m., Tuesday, June 9, 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: Bill Nary, Jaycee Holman, Pete Friedman, Kyle Radek, Joe Silva, Scott Colaianni, 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: Welcome you all. This is Tuesday, June 9th. It's 7:01 and I will open up the regular City Council meeting with the roll call attendance. City Clerk. Item 2: Pledge of Allegiance: Rountree: Next item on the agenda is the Pledge of Allegiance. And, Alex, you're going to lead us in that. So, if you want to come up here and get us started. Right there is great. That's good. (Pledge of Allegiance recited.) Rountree: Alex. Here is a City of Meridian pin for you for doing that and thank you very much. And do you like candy? Alex Van Auker: Yeah. Rountree: Yeah? Well, it's not much, but there you go. Thank you. Item 3: Community Invocation by Stephanie Moore with Ten Mile Christian Church: Rountree: Next item on our agenda is the community invocation and this evening we have Stephanie Moore from the Ten Mile Christian Church for our invocation. Please join us and, if not, take this as a moment of reflection. Welcome, Stephanie. Moore: Thank you. Let's pray. Our good and faithful God, we are grateful for your continual foresight and guidance in our individual lives and in the life of our community. Meridian City Council June 9, 2009 Page 2 of 20 You have given us Council Members whose desire is to serve and better our city. You have also given us citizens who are committed to make our city a good place to live. We acknowledge your place in tonight's proceedings and in the future of Meridian. Please guide us as we address the items on the agenda tonight, so that we continue to be a blessing to individuals and our community and in the valley. Amen. Rountree: Thank you, Stephanie. This is your first time on our new building and there is our new city pin, so thank you. Item 4: Adoption of the Agenda: Rountree: Next item on the agenda is the adoption of the agenda. Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: On the agenda, under the Consent Agenda, no changes to the published, except that on Item E, the resolution number is 09-670. Under Department Reports, for the Mayor's Office the resolution number is 09-671. On the regular agenda, Items 9 and 10, there is a request to continue those to October 6th, so they will not be heard tonight. Items 11, 12 and 13, refemng to Fignut, there is a request to continue those to June 23rd. So, those will not be heard tonight, although we may have some discussion about the continuation. Item 14, the ordinance number is 09-1416. Item 15, the ordinance number is 09-1417. Item 16, the ordinance number is 09-1418. And with those modifications I move we adopt the agenda. Hoaglun: Second. Rountree: It's been moved and seconded to adopt the agenda. All in favor? MOTION CARRIED: ALL AYES. Item 5: Consent Agenda: A. Approve Minutes of May 26, 2009 City Council Regular Meeting: B. Approve Minutes of June 2, 2009 City Council Regular Meeting: C. Findings of Fact and Conclusions of Law for Approval: 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: Meridian City Council June 9, 2009 Page 3 of 20 D. Findings of Fact and Conclusions of Law for Approval: SHP 09-001 Request for Short Plat approval to create 3 building lots on 1.51 acres in a C-G zone for Challis Subdivision by Tealey's Land Surveying - 575 East Franklin Road: E. Resolution No. :Adopting Water Master Plan, Growth Priority Areas and Sewer Master Plan: F. Task Order No. 4 Amendment No. 2 with Carollo Engineers for Biosolids Improvement Project for a Not to Exceed Amount of $33,116.00: Rountree: Next item is the Consent Agenda. Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: As noted, Item E on the Consent Agenda is resolution number 09-670. Otherwise, I move we adopt the agenda as published. The Consent Agenda as published. And for the President to sign as acting Mayor and the Clerk to attest. Hoaglun: Second. Rountree: Moved and seconded to adopt the Consent Agenda. Roll call vote. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. Item 6: Department Reports: A. Mayor's Office: 1. Resolution No. Appointment of Paul Stark to the Traffic Safety Commission: Rountree: And on Items 9, 10, 11, 12 and 13, we actually have the applicants here this evening to give us a little rundown of why the continuances continue to continue. So, we will be hearing that, but not necessarily testimony. Next item on the agenda, Department Reports. From the Mayor's Office we have a resolution for the appointment of Paul Stark to the traffic safety commission. Bill, were you going to say something about that? Nary: Mr. Mayor -- or Members of the Council, yes. Mr. Stark's actually in the audience as well. I met Mr. Stark a few weeks ago; our sons play a sport at the Rocky Mountain Meridian City Council June 9, 2009 Page 4 of 20 High School together. He expressed interest in getting involved in our community. He is an attomey, which, of course, there is probably nothing else that needs to be said. He is an attomey in our community; he has an office here in Meridian, and was interested in becoming more active. Our traffic safety commission has an opening for a community member. We have had some attendance issues with our community members, because they have had some other business concerns and such, and so I suggested to Mr. Stark that he ask -- or send a letter to the Mayor's office of interest. Madam Mayor has reviewed that and, obviously, accepted that and has the resolution on tonight for his appointment to the commission and if the -- if the -- Mr. President pleases, he can certainly have a moment to say something when he's done, it's up to you. Rountree: If Paul would like a moment. If nothing else, just stand and be recognized. Thank you. Welcome. We have that resolution. I need a motion. Bird: Mr. President? Rountree: Mr. Bird. Bird: I move we pass resolution number 09-671, the appointment of Paul Stark to the Traffic Safety Commission. Zaremba: Second. Rountree: It's been moved and seconded to approve Item 6-A-1, Resolution 09-671. Roll call vote. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. B. Parks Department /Legal Department: 1. Memorandum of Understanding with Meridian Speedway for Joint Presentation of Jul 4, 2009 Event in Storey Park: Rountree: It's official. Welcome aboard. Next item is Parks and Recreation, a memorandum of understanding with Meridian Speedway. Steve. Siddoway: Thank you, Mr. President, Members of the Council. This is to provide a department report and update to Council on the Fourth of July fireworks festival that we are putting on in conjunction with the Meridian Speedway at Storey Park. You do have a memorandum of understanding and I passed out and have on the screens kind of a cliff notes version of the highlights of that for you. Our budget, as you know, is 10,000 dollars. And this event has been an item of ongoing discussion with our Parks and Rec Meridian City Council June 9, 2009 Page 5 of 20 Special Event Committee. They have had monthly meetings and Council should have received monthly updates with the minutes of those meetings as well as that's been progressing since January. Within the MOU it breaks down the specific commitments between the department and the speedway and what it does is commits that we will provide a monetary contribution of 6,500 dollars for fireworks. The total cost of that fireworks show being 10,000 dollars. And, then, 3,500 doliars would go towards a public special event in Storey Park, which money would be used for the bands and performance, the inflatable recreational equipment, climbing wall, stage and sound system generator, additional portable toilets brought in for the event. We also commit to doing our part for promotion of the event, including banners in the park, the newsletter, putting an ad in at the Majestic Theater and displaying it on our website. The speedway's commitment is to put at least 3,500 dollars toward that 10,000 show. They put quite a bit of funds and effort into the promotion of the event with the radio. They have EMS services and first aid services for the speedway event and they are also providing five volunteers to assist us in the park and a number of promotional tickets for speedway events. I'd also just like to point out that Greg Farrow, who is leading this event, is here for our department. He's been very active in seeking sponsorships in the community. We have partnered with Fox 12 and they have, in tum, got Meridian Suites to provide TV advertising for the event for eight days of 30 second ads and we will have that on air. We have also put out a bid process for food vendors this year and we did get 500 -- sorry, five food vendors, which would bring in 225 dollars and we do have -- anticipate stage sponsors through Meridian Automotive and Dutch Brothers, which will bring in another 300 dollars. The speedway representative has reviewed the MOU, but I do not believe you have a signed copy tonight. So, what we would request is that approval of the MOU, for the Council President to sign and the Clerk to attest upon receipt of a signed copy of the MOU with the speedway. And with that I will stand for any questions and if you have specific questions about the event, Greg Farrow is here to also provide any details that you might request. Rountree: Any questions of Steve or Greg? Bird: Mr. President? Rountree: Mr. Bird. Bird: Steve, in the budget how is this 10,000 listed? Is it not listed as fireworks? Siddoway: I believe it's just in other -- the other government account and it's under -- is it holiday expense line item? Do you have it? Farrow: Mr. President, Councilmen, that actually falls under the holiday expenses of 69,400 01 dot 1,840 in our account, which is separated for the Fourth of July and Christmas party as per finance. Rountree: Further questions? Comments? Having heard the presentation, we have before us the MOU. Any other comments? I need a motion. Meridian City Council June 9, 2009 Page 6 of 20 Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: I move that we approve the MOU with Meridian Speedway for the joint Fourth of July presentation and for the President to sign as acting Mayor and the Clerk to attest. Hoaglun: Second. Rountree: It's been moved and seconded to approve the MOU with Meridian Speedway. Discussion? Bird: The Mayor -- the President not to sign until the Speedway sign, right? Zaremba: The maker of the motion forgot to include that. That was intended. Bird: Because we haven't got a signed copy from them. Siddoway: That would be my intent. Rountree: Second agree? Hoaglun: Agree. Rountree: Second agrees. Amend that motion. Any other discussion? Roll call vote. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. Rountree: Just a point of clarification. There has been some discussion that it needs to be more clear in the budget what that money is for. There appears to be some confusion that it was either all to be spent on a party or all to be spent on fireworks, but not be divided. So, I think next year, as you pull the budget together here in the next few weeks, you might want to put a finer pad on those -- on those number. Siddoway: I'll get direction from the Mayor and Council. Rountree: Yeah. Okay. Zaremba: Mr. President? And while you're on the subject of budgets and how they are accounted for, this is a discussion that probably needs to go along with that discussion. The police department getting more and more -- more involved in events. Certainly this is a good one, but our parades and the event over the weekend, the Renaissance Fair, Meridian City Council June 9, 2009 Page 7 of 20 if the city begins to have more than more, it's eating up the police department's overtime budget for things that are not generally in their line of business and at some point we will need to have a discussion about how to give the police department a special events budget. 2. Request for Assistive Services for Play Camp Participant: Rountree: Sounds like a good topic for our budget discussions coming up soon. Thank you. Next item on the agenda is the request for assistive services for Play Camp. Steve. Siddoway: Thank you, Mr. President, Members of the Council. We do have a request for assistive services in our Camp Mer--Ida-Moo. We have had a hearing impaired child enroll in three weeks of camp and they have requested some interpretive services to assist that child. We have been reviewing various possible scenarios on how to provide that assistance and have a recommendation here for you tonight. We would work with the interpreter's availability as provided by the -- the parent of this child for their availability during the three weeks of camp and provide -- also provide another interpreter during the -- the days when that person is not available. The total cost to do so would be 6,030 dollars for three weeks of camp, ten hours a day, five days a week, and the -- we would propose to cover that cost. We have been looking at our budgets and have found places to cut and conserve within our recreation budget, an amount of 3,500 dollars, which would leave a balance of 2,530 dollars that would be needed in a separate budget amendment and with that I will stand for any questions or look to Mr. Nary, if he has anything to add. Rountree: Questions for Steve? Bill? Nary: Mr. President, Members of the Council, I don't have anything to add. I think Steve and I have discussed it, we have discussed it with the parent and I think this is a reasonable solution and I think it certainly is a reasonable accommodation that's being requested and I think we are trying to provide that as best as we can with what's available in the community. Rountree: Any further comments? Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: I would just comment in support of doing this. One of the purposes of the ADA is to give equal opportunity to people that do have disabilities and as a person who myself wears hearing aids, I'm very conscious of the different environments where hearing aids do or don't work as well as people might expect them to and a child who might function well with hearing aids is a classroom setting where theoretically only one person is speaking at a time and the background is fairly quiet, probably would not do Meridian City Council June 9, 2009 Page 8 of 20 well in our camp setting where there is a lot of other sound going on, a lot of activity going on, and I find myself in a crowded room I can't understand a person standing right in front of me talking to me without extraordinary help. So, I do feel it is necessary to provide this help. As the city grows new things come up that we do need to deal with. I can see that at sometime in the future maybe we provide a week of classes with hearing interpretation and make it known to the public that there will be special weeks and they might target their children toward that. I think for this time we need to cover the three weeks that the child is already enrolled for and make him feel welcome. Rountree: Further comments? Zaremba: I would add, though, just -- and I appreciate what the staff has done to find savings in other parts of it. In providing this help we do need to be careful of the taxpayer's money is what pays for it, it isn't us, so I would just add that as we look at the needs in the future we -- we find ways to balance it with the taxpayers needs as well. Just a comment. Hoaglun: Mr. President? Rountree: Mr. Hoaglun. Hoaglun: Question for Steve. I just wanted to find out the level of qualification of the interpreter that you're looking at getting. Is it a high school student who wants to learn to be a signer or -- I'm assuming it's something more than that, that it's a qualified competent person who does signing and can interact in that setting with that child. Siddoway: Yes. Thank you, Mr. President and Councilman Hoaglun. The -- the majority of the dates would be filled by a certified interpreter and for the -- only for the dates that that person is not available we have a competent interpreter also available that is -- whose certification is pending. Hoaglun: Okay. Thank you. Rountree: Further questions, comments? Mr. Bird? We have a recommendation request to provide the assistance, as well as to address the budget amendment. Do I have a motion? Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: I move we approve the expenditure of 6,030 dollars for an interpreter for three weeks of the camp class that the child will be attending and with a note that because of 3,500 dollar savings, that's actually a budget amendment of 2,530. Hoaglun: Second. Meridian City Council June 9, 2009 Page 9 of 20 Rountree: It's been moved and seconded to move forward with the interpreter and to approve the stated budget amendment. Roll call vote. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. C. City Clerk's Office: 1. Update on Ye Ole' Renaissance Fair: Rountree: Next item on the agenda, the City Clerk, a quick update on this weekend's event. Holman: President Rountree, Members of the Council, actually, this probably should have said -- been another item under the parks update and I believe Mr. Siddoway will give us an update on how that went. Rountree: I was looking forward to hearing from you. Holman: I did attend. Rountree: Okay. Siddoway: I was looking forward to hearing her also. Holman: You can go ahead. Siddoway: Mr. President, Members of the Council, I was able to attend a couple of hours of the Renaissance Fair event and it did appear to be a good event within the park. The -- the parking challenges that were anticipated did not materialize. Probably partly due to the weather, although the -- the parking lot was full and we did open the overflow parking as well and so there was -- there was good attendance, just not the multiple thousands that it might have been. I did get a chance to touch base while I was there with the lady that was putting it on, whose name is currently escaping my mind. Holman: Jacki Briggs. Siddoway: Jacki Briggs. Yes. And asked her how things were going for her and she said they were going well. I did follow up with -- with maintenance staff and got some mixed messages. There was certainly nothing catastrophic or anything particularly bad that happened. Certainly some concerns about the -- the games -- the Scottish games where they throw the logs and things like that. It wasn't a very big part of their event this year, but it's something they want to grow next year and if they do do that we may want to look at getting a deposit for potential turf damage that might come from throwing the Meridian City Council June 9, 2009 Page 10 of 20 logs and things like that. But, all in all, it seemed to be a very positive event. I did check in with the -- the sword concessionaire who got his approval the week -- the week prior. He did appear to be complying with the Council's requirements. He did have the swords -- the long swords and they were in a display and they were not in a way where someone could just come up and take and -- take one. And I didn't see any short blades. So, that seemed to work out fine from my perspective and I would stand for any questions. Rountree: Any questions? Comments? Bird: Mr. President? Rountree: Mr. Bird. Bird: I have had a couple of citizens that attended and thought it was very well run. I had one concern when I went by there early in the morning. It was raining and stuff and they had some heavy trucks out on our lawn. I wonder if we got some ruts or anything in it? Siddoway: I did not receive any reports of ruts. When I went there I did see a minivan or two out by the concession booths, but I didn't see the large trucks. So, I will double- check that. But I did not get a report of, you know, any major ruts or damage that had been done. Bird: You know, I heard positive stuff from the citizens that attended, so -- Rountree: Good. Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: There were a couple of van-type vehicles that were being used for food service. They were compact built-in and, then, a couple of trailers that were out on the lawn and I'll have to say I actually approached the idea with some trepidation. I have been to renaissance fairs in other parts of the county where people are drinking Mead, which is a heavy beer, all day and they become quite rowdy in the afternoon and, generally, when they leave the area is trashed. I did stop by this one from about 3:30 to 4:00 o'clock. The weather was beautiful. The place was packed. Everybody looked like they were having good family fun. I drove by there yesterday again and there was a couple of spots where the grass is going to take maybe a week to recover, but I did not see any remaining evidence that wasn't fairly easily repairable and I don't know if we will get some comments from the police department as well, but I was pleasantly surprised that this was a family event. Didn't appear to have the kind of problems that I have seen in other places and pending the opinion of the place department, I would say we could considering it again. It was well attended and people seemed to have fun. Meridian City Council June 9, 2009 Page 11 of 20 Rountree: Any further discussion? Comments? Scott? Colaianni: President Rountree, Council Members, what I did is after the Council meeting last week I assigned two of my teams to walk through the park to gauge the level of cooperativeness from the people putting on the events to the temporary use permit and meet with Mr. and Mrs. Briggs and we had no calls for service in and around the park related to the event. Traffic complaints. All the conditions that were set out -- forth in Council were followed. The swords that they were fighting with were -- appear to be -- have some sort of red tip, so there was no stabbing or injuries or anything like that. The vendors followed all the rules we laid out for them. We had absolutely no problems at all on our end. The only thing is one of my officers signed me up for a newsletter now that I get every week from the renaissance people. That's a matter to be discussed later on with him. But we had no problems with it. It seemed like everybody enjoyed themselves. It was a good event. And for as slow as we started out and being cautious, I think it was well worth it. Rountree: Well, you did want to be a knight of the round table, didn't you? Collaianni: I am now. The weekly newsletter comes every day. Rountree: No other comments? Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: I would add that even during the half hour that I was there there were three very visible security people in yellow shirts with security in big letters on it that were roving around and they didn't appear to have much to do, but they were there and they were visible, so it's just -- Rountree: Very good. Zaremba: -- looked like it was organized and run well. Rountree: Thank you for the report. Siddoway: Thank you. Rountree: Glad it went -- went well and -- Siddoway: Me, too. Rountree: -- we will look forward to seeing you again in the future? Meridian City Council June 9, 2009 Page 12 of 20 Siddoway: Okay. Item 7: Items Moved from Consent Agenda: Rountree: There were no items moved from the Consent Agenda. Item 8: MFP 09-001 Request to modify the approved landscape plan for Bellingham Park Subdivision No. 4 by Bellingham Park, LLC - on Locust Grove Road approximately 3/ mile south of Victory Road: Rountree: The next item is Item No. 8, NFP 09-001. Request to modify landscape plan. Pete. Friedman: Thank you, Council President Rountree, Members of the Council. This is a request by our applicant Bellingham Park, LLC, for a final plat modification. They need to relocate storm water management facilities in the subdivision number four of Bellingham Park. They need to remove them from the roadside swales that were originally approved as part of this plat and move them to an interior common lot. The primary purpose is ACHD is no longer requiring or allowing storm water swales in their right of way, so the applicants had to redesign the open space of the approved plat and since they are requesting a modification, the UDC requires that they comply with the current open space standards, which are ten percent. When staff reviewed the revised landscaping plan and plat modification, it became very clear that they not only met the ten percent open space requirement for this phase, but they exceeded it. The minimum that should have been required was just over an acre. They are proposing to actually add three acres of open space to this -- this phase of this plat. So, staff has recommended approval. We have received a-mail communications from the applicant that they concur with the staff report and recommendations and I believe their representative is here tonight should Council have any questions for them. But staff is recommending approval and there are no outstanding issues that we were able to identify for your consideration. Rountree: Thank. Any question for Pete? Bird: I have none. Rountree: This is not a public hearing, but, Brandon, you signed up for. Are you representing the applicant? Do you have a word or -- Holman: President Rountree, that one -- I apologize, I handed that to you, that's for the next item. Rountree: Oh, that's for the next item? Oh. I guess better read that. All right. Bird: Mr. President? Meridian City Council June 9, 2009 Page 13 of 20 Rountree: Mr. Bird. Bird: I move we approve the modification MFP 09-001 Bellingham Park Subdivision Number Four. Zaremba: Second. Rountree: It's been moved and seconded to approve Item No. 8. I need a roll call. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. Item 9: Continued Public Hearing from March 10, 2009: AZ 08-005 Request for Annexation and Zoning of 73.10 acres from RUT in Ada County to R- 15 (Medium High Density Residential) (5.68 acres), L-O (Limited Office) (3.22 acres) and C-C (Community Business) (30.72 acres) and C-G (General Retail and Service Commercial) (33.47 acres) zoning districts for Meridian and Amity by Hawkins Companies -Northwest Comer of West Amity Road and South Meridian Road: Item 10: Continued Public Hearing from March 10, 2009: VAR 08-008 Request for a Variance to UDC 11-3H-4 which prohibits new approaches from directly accessing a state highway to allow 2 right-in /right-out access points (approximately 660 feet from the north and south intersections) and 1 right-in /right-out /left-in access point at the'/ mile to State Highway 69 /Meridian Road for Meridian and Amity by Hawkins Companies - NWC of W. Amity Road and S. Meridian Road, south of Hams Street: Rountree: Next item on the agenda are public hearings for Item No. 9 and 10, Meridian- Amity by Hawkins and Company. There has been a request to continue this. Before I hear a motion on that, the applicant is here this evening to talk about their desire for that extended continuance. So, gentlemen. Walen: Thank you, President Rountree and City Council. My name is Brandon Walen with Hawkins Companies and we have met with city staff and we thought that it would be appropriate to come and tell you of our progress. Last time we were here you had tasked us with two objectives, to have a better understanding on how our project might interact with North -- Northwest Gas pipeline that transverses the property and so we have worked with staff, the fire department, and the pipeline company to insure that encroachment permits and specific fencing is in place before any work would transpire near their pipeline. So, that issue has been put to rest we believe. And we are still continuing an appeal process with IDT and so at this point in time we wanted to share with you our progress that we have made and, then, request 120 day continuance, so we might further understand our interactions with IDT. Meridian City Council June 9, 2009 Page 14 of 20 Rountree: Thank you. Any questions? Bird: I have none. Rountree: Okay. I have a question for Pete. I've not heard of such, but since this project first came on our agenda and it's been continued several times in another 120 days, does that somehow get into some sort of a time warp that either puts them in a pickle or us in a pickle in terms of timeliness? Friedman: It should not, Council President. I think because of the unusual period of time that we are asked for the continuance, the March 10th hearing was only opened and as Mr. Walen has said, we have been in discussions with them finding that the ITD process takes a bit longer than City of Meridian process, we thought it would be wise for them to advise Council tonight of why they were asking for such a lengthy period for continuance and also as I counseled them earlier, if come October 6th they still are not in a position where ITD has rendered a decision yet, that they will probably be back before you. So, we will keep the -- unless Mr. Nary can think of something that I can't, I can't think of anything that would affect their -- the timeliness on this application. Rountree: Question for Mr. Nary. If for some magical reason you were to get a response in the affirmative from IDT before the October 6th, we could pull this back on the agenda, Mr. Nary, by posting it? Nary: Mr. President, Members of the Council, you would have to renotice it entirely, because you have -- Rountree: Okay. Nary: -- noticed it now and you have opened it to that extended date. You'd have to renotice it. Rountree: It kind of fixes your timeline. Walen: Absolutely. Rountree: Okay. Thank you. Any further questions, discussion? Hoaglun: Mr. President? Rountree: Need a motion on Items 9 and 10. Mr. Hoaglun. Hoaglun: I would move that we continue AZ 08-005 and VAR 08-008 to October 6, 2009. Zaremba: Second. Meridian City Council June 9, 2009 Page 15 of 20 Rountree: It's been moved and seconded to approve the continuance for Items 9 and 10. All in favor? Opposed same sign? Motion passes. Thank you for being here. MOTION CARRIED: ALL AYES. Item 11: Continued Public Hearing from May 26, 2009: AZ 08-015 Request for Annexation and Zoning consisting of 15.05 acres from Ada County RUT to C-G (General Retail and Service Commercial) and I-L (Light Industrial) zones for Fignut by Ronald Van Auker -west side of South Locust Grove, north of East Overland Road and south of I-84: Item 12: Continued Public Hearing from May 26, 2009: RZ 08-009 Request for Rezone of 1.69 acres from C-G (General Retail and Service Commercial) to I-L (Light Industrial) zone for Fignut by Ronald Van Auker -west side of South Locust Grove, north of East Overland Road and south of I-84: Item 13: Continued Public Hearing from May 26, 2009: PP 08-012 Request for Preliminary Plat approval consisting of 6non-residential building lots and 1 other lot in a proposed C-G and I-L zoning districts for Fignut by Ronald Van Auker -west side of South Locust Grove, north of East Overland Road and south of I-84: Rountree: Next item on the agenda will be items 11, 12 and 13, and it has to be from a Van Auker with a name like Fignut. So, we have got a request to continue this item that has been continued a number of times. Before we act on this, Ron, do you want to let us know what your timeline is and how you got to this new date? Van Auker: Mr. President, Members of the Council -- do I need to state my name and all that? Rountree: Please. Van Auker: Ron Van Auker, Junior. Van Auker Companies. 3084 East Lanark in Meridian. We have been waiting for several months -- let me take a step back. We are -- our property is adjacent to the Nine Mile Creek and about the time I had asked John Anderson for a letter regarding pressurized irrigation he was just putting water in the canal, so it took a few months to get that conversation over with and we met with staff today with Anna and Bill Parsons to talk about the landscape plan and pressurized irrigation and get it all cleared up before we moved to final plat and now I know that's not a requirement of final plat and I was told that, but my father and the people in our company wanted me to get it cleared up before we furthered it, so -- Rountree: We understand. Van Auker: That's the reason it's the 20 -- it's set for the 23rd. I already have the signs ordered, so it's going to happen the 23rd. Meridian City Council June 9, 2009 Page 16 of 20 Rountree: Very good. Thank you. Thanks for being here. Any questions for Ron? Thanks, Alex, for being here, buddy. Bird: Mr. President? Rountree: Mr. Bird. Bird: I move we continue AZ 08-015, RZ 08-009, and PP 08-012 until June 23rd, 2009. Hoaglun: Second. Rountree: It's been moved and seconded to approve the continuations of items 11, 12 and 13. All in favor? Opposed same sign? Motion passes. MOTION CARRIED: ALL AYES. 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 -- Uriona: 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 -Valley Life Community Church, Inc.: 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 -Theodore Williams: Rountree: Next item on the agenda -- and I will open Items 14, 15, 16, request the clerk to read those ordinances by title only. Holman: Thank you, President Rountree. City of Meridian Ordinance No. 09-1416, an ordinance AZ 08-013, implied consent, for John Uriona, 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 land from RUT, Ada county, to R-8, Medium Density Residential District, in the Meridian City Code, Meridian City Council June 9, 2009 Page 17 of 20 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 of the rules and providing an effective date. Holman: City of Meridian Ordinance No. 09-1417, an ordinance AZ 08-013, implied consent, Valley Life Community Church, Inc., for annexation of a parcel of land located in the northeast one quarter of the northeast one quarter of Section 30, Township 4 North, Range 1 East, Boise Meridian, Ada county, Idaho, as described in Attachment A and annexing certain lands and territories 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-8, Medium 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. 09-1418, an ordinance AZ 08-013, implied consent, Theodore Williams, for annexation of a parcel of land located in the northwest one quarter of Section 6, Township 3 North, Range 1 East, Boise Meridian, Ada county, Idaho, as described in Attachment A and annexing certain lands and territory situated in Ada county, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands from 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. Rountree: You have heard the items for 14, 15, 16 read by title only. Anyone wishing to have the ordinance read in its entirety? Seeing none, I need a motion. Bird: Mr. President? Rountree: Mr. Bird. Bird: I move we approve Ordinances 09-1416, 09-1417, 09-1418, with suspension of rules. Hoaglun: Second. Rountree: It's been moved and seconded to approve ordinances for Items 14, 15 and 16. Do I need a roll call on those? I do. Meridian City Council June 9, 2009 Page 1 S of 20 Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. 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 property, which is not owned by a public agency): Rountree: Last item on this evening's agenda is Item 17, an Executive Session. Do I have a motion? Bird: Mr. President? Rountree: Mr. Bird. Bird: I move we go into Executive Session as per Idaho State Code 67-2345(1)(c). Hoaglun: Second. Zaremba: 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. Rountree: We are in Executive Session. EXECUTIVE SESSION: Rountree: I need a motion to come out of Executive Session. Bird: So moved. Hoaglun: Second. Rountree: Moved and seconded to come out Executive Session. We are out of Executive Session. I need a motion to dismiss if there is no -- oh, we do need some direction for Councilman Bird -- Bird: Yes. Rountree: -- for MDC as it relates to Meridian's interest in participating in providing downtown parking through continuation or a renegotiation of an agreement with the Masonic Lodge for downtown parking. And I think at this point I don't have a cost Meridian City Council June 9, 2009 Page 19 of 20 number, but just are general interest and I don't know that we need a motion, but a general consensus of Council so Keith can take it to MDC in the moming. Zaremba: I would go that direction, yes. Bird: Let me ask you a question, Mr. President. Rountree: Mr. Bird. Bird: Would -- Council, would you be favorable to letting Shaun Wardle for MDC kind of take charge and have him come back and we can split up the cost of fixing that up? Rountree: Definitely on my part and, as I said, Shaun is aware of what's going on and he was going to start some groundwork -- Zaremba: I think that's an excellent idea. I don't think MDC existed when the original contract was signed. Rountree: No, it didn't. I think that's -- Zaremba: They do now. Hoaglun: We ought to pursue that. Rountree: Okay. Bird: And, Mr. President, at the same time any legal papers or anything drawn up, our staff will do that, is what I understood? Is that right? Nary: Yes, sir. Bird: Okay. Hoaglun: Works forme. Rountree: We have a consensus here. Got a clear message. Bird: I will take it to them in the moming. Rountree: Thank you. Okay. Now, motion to adjourn. Hoaglun: Moved to adjourn. Zaremba: Second. Rountree: Moved and seconded to adjourn. All in favor? Opposed same sign? Meridian City Council June 9, 2009 Page 20 of 20 MOTION CARRIED: ALL AYES. Rountree: We are adjourned. Thank you, gentlemen. MEETING ADJOURNED AT 8:11 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) TAMMY EERD, MAYOR DATE APPROVED ~\\```~~+,~rrM'~~~i~~~ , ,, '9 , •~ ~. ~% ~~ p~tPORq ~, F v TTEST: ° ~~~ . HOLMAN, ,,~~~ C~~Y . ~p ``~~. ~~~~iirrr r r n n -+++++~~~` CITY CLERK